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'" ~ no 35 of 1979 the appropiuation (vote on account) bill, 1979 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 1979-80 be it enacted by parliament in the thirtieth year of the republic of india as follows: -' 1 this act may be called the appropriation (vote ()n account) short act, 1979 title 5 2 from and out of the consolidated fund of india there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of eight thousand one hundred and seventy-five crores, ninety-five lakhs and forty-eight thousand rupees towards defraying the several charges which will j 0 come in course of payment during the financial year 19'79-sq withdrawal ofrs 8175,95, 48,000 from and out of the consolidated fundot india for the ftnanci1l1 year 1979-10 3 the sums authorised to be withdrawn from and out of the con-appl"osolidated fund by this act shall be appropriated for the services and priation purposes expressed in the schedule in relation to the said year 4 references to ministries or departments in the schedule are to such ministries or departments as existing immediately before the 19th february, 1979 and shall, on or after that date, be construed as references to the appropriate ministries or departments as reconstitated from time to time construction of references to ministries and departments in the schedule | sua, | • ||-------------------|--------------|| eueedidg | || ~ | || and | || purpoll!l | || total | || 5 | || no | || of | || vote | || voted | || by | || r | || 'oharpd | || od | || parliament | || the | || codiolidatcd | || fund | || i | || ri, | || ri | || ri | || ~,og,ooo | || 10 | || ~cnt | || of | || api- | || lure | - || rcveoue | || 2 | || [4 | || 11 | || ,01,000 | || i | || ~,ooo | || | || 2394-,61,000 | || | || a8jiculture | || | || revcnue | || capital | || 3,94,61,000 | || 1\1 | 51,bg,ooo || 'p7,~7,99,000 | || :10,85,9°,000 | || 4,80,110,000 | || 9 | || fuhcricl | || | || revenue | || capital | || 517,~,ooo | || - | 4,80,110,000 || | || 5,13,940 | || 000 | || ],,/s,ooo | || 15 | || 4 | || ~ | || | hlllbandry || | || ~ | || develop- | || meat' - | - || revenue | || capital | || 15!t99,000 | || 4t | || 11,000 | || i | || i | || 15,3436,000 | || ],000 | || 3,94-,32,000 | || 1],'9,000 | || 6,l13,63,000 | || 1,8a,00,000 | || foi'cit | || revenue | || capital | || 6,13,690 | || 000 | || | || l79,00,000 | || 1,0],00,000 | || 5 | || 20 | || 6 | || i | || department | || of | || food | || revenue | || capital | || 9r,t6,ii4t | || ooo | || ,03,8j,ooo | || 95~5,72,000 | || s6,000 | || 7,go,t8,000 | || '],]] | 000 || 7 | || 25 | || ~ofrura\ | || cnt | - || revenue | || capital | || 59,,95,21,000 | || 1,000 | || 4,39,11,000 | || 1,09,g6,000 | || 59095>112,000 | || 549,°7,000 | || 8 | || department | || or | || aari- | || cultural | rcicarch || add | education || revcnue | || | || 1,7 | || 0 | || ,000 | || 1,70,000 | || | || | || | || 9 | || 30 | || ~tolddian | || of | || acri- | || cultural | rcicai'cll || 14,63,50,000 | || 14,695 | || 0 | || ,000 | || | || 10 | || 5,45,85,000 | || ~cnt | || of | || irri- | || pticm | - || revcnue | || capital | || s19~,ooo | || 5,45,85,000 | || | || 1,117,09,000 | || ],9:l,so,qoo | || i | || 35 | || ii | || 30,66,000 | || ~ | || of | || cjos:qmer- | || co | || a | suppuea' || and | || qoopcratioo | || revenue | || 90,66,000 | || | || iii | || foreip | trade and || export | || production | revenut || capital | || 611,111,04,000 | || 56 | || ,oo,foooo | || 62,111°4 | || 000 | || | || 56,00,40000 | || | || 3,~,14,000 | || 5 | • || 353,'4,000 | || | || 4,47,83,000 | || 58,17,000 | || 40 | || , | || civil | || supplies | || and | || co-operation | || capital | || -----,----------- | |no suma not exceeding of votc services and purpoaea cbargedon the conlolidated fund , rs rs ri 14- ' mulry of com-i liiunicationa revenue 41,28,000 41,li8,ooo capital 2,19,6,,000 li,1967,000 15 ove~ communicatiolll servi cc rcvftluc li,li343000 2lisfooo capita 1 1,6, ,80,000 1,67, ,000 16 polis and~telegraph-workin" £~ revenue 116,83,28,000 $,000 116,8s,s3,000 i, posta and tcle-,rapla_dividcnd to ucaeral rcve-rues appropria-ligas 10 ri!icrvc 'uads &ad repay-43,0963,0001 inent of loana fro::, (icrera! revenues rcveaue 4s,09,63,000 b7,31,os,000 1 ii capital oullay 0: pois &ad tc1cjraph capital 6, ,31,03 ,000 i 16'~~9'000 i 19 miaistry of defence revenue 1~d;l,i'ooo 25 capital 10, 11,000 r~ooo ~b ,000 2j defence servicea--army revenue ' s5,95,08,000 2,$8,000 si 5,9,,66,ooo iu defence servi~ navy revenue 35,p6,08,000 2s,000 s5,06,33,ooo 30 u defence servicea-air l"orce j\'~veouc i '0,li9,8s,000 3j,000 110,so,16,000 23 defence serviccl-i podiiojp revenue li9049,91ooo 8,000 i 89,49,99,000 114 capital outlay oil uefcaceservicci - capital 49114,17,000 i $,00,000 i 49,19,17,000 35 25 departmeat of i!duc',tioil revenue si,81,000 31,sii,ooo 26\ l:uucatioo revenue 36,9s,86,ooo 361:16,000 capital 14,86,000 66,6,/,000 1,&3000 40 117 dcpai'tiilcll t o( 80cial 10,16,03,000 i welfare reveaue 10,16,03,000 28 miniltry of enerly - revenue 14,39,000 14,39,000 29 power development revenue 9,~,86,000 9,0,8:6,000 capital 6,550i ,ood 20'/,33000 ~6a,sf,ooo 4s 30 coal and lignite revenue j'gg,57,000 3,93,57,000 capital , ,11,000 1)65,,11,000 3 1 miniatey of external lio,83,3s,000 affairs revenue lio,8s,gg,000 ,000 capital 1i,'7,5li,ooo 2,77,5l1,000 50 32 minitry of finan('c revenue 584,05,000 '1,000 5,841l1,ooo capital 1111,50,000 1111,50,000 sum dot nc:ecdidi no of vote servicesmd pwpoiei vou-d by parliam~nt chai'jed~ the consolidated fund ri, i total -ri ra i i 7,0(}() 33 i ! revenue i capital 644,77,0 00 000 85,00, 61:,70,000 5,00,000 customs · " u niod excise dutia 8,g0q4, 000 8,19,90,000 j4,000 34 revenue i , , 35 i revenue 8,49,qo000 804957 000 revenue capital taxea od iilcollle, eatate duty, wealth tax add gift tax · stamps · 310,39 000 000 18,ti7, 3,10'19,000 18, 7,000 17000 : revenue 18,68,000 1086,67,000 11,05,35 ?co audit · · currency coinare and mint 0 0 i i revenue capital 6,79,i!i,ooo ,88,71,000 6,,,,111, so ,1, 000 000 i 6,91,6,,000 7,00,00, 000 revenue 8jj000 " 31t ,0 pemiool 0 · opium and alkaloid factoriea · revenue capital 311,64046,000 16,57,000 3q~047' i 057, 000 000 1,000 i trabifen to state governments 176,31,53,000 revenue capital 6,97,85,03, 000 000 561,93,13, 461,sj,so,ooo s619j,ij,ooo " i i , i 000 360,qi,iii, j60~i,~i,ooo revenue clhaao&d-1,""lt plf1llwllts · other expc:n~iture of the mbustry of finance 0 0 revenue capital 118~'33000 59, 053,000 j9,ooo so,oo,ooo 118,3 94,000 59,39,53,000 43 145~,6,,000 capital loans to government servants etc, , 14,59,67,000 capital ~5o6t-,80000 j9so,64,80,ooo " caaaom-rpymmi " d", 0 miniltr)' of health and family welfare revenue 18,76000 16,76,000 medical and public health 35,09,05,000 11,88,17,000 ~:88,05ooo ii ,67,000 revenue capital 10000 family welfare q 1115055000 17,000 revenue cpl~ 111,11555,000 17,000 47 revenue 44,78•000 ministry of hoae afl'ain 44,78,000 110,66000 qo,66,000 revenue 48 cabinet 49 depar_ent of penonnel and administrative refurml 1,000 18,jj,000 revenue i capital vote servicca 1iiki· i sujdidot~ 'i,' voted by cbqed od total parliament the codioiida· ted fudd &s ri ra 38,57,73000 zt,'otio' 38,56,91•000 18431,000 1,91,8 ~jooo 3,7 ,140000 iniee · · · revenue capilal 10 1,35,511,000 1,"'511,000 51 cediul · · · reveoue i odaer expeaditce of the miniatry of revenue lteme main · i capital | delhi | revenue ||---------------|------------|| · | || · · | || capital | || 53 | || 53,78,76000 | || st | || 35 | || 'jc,:(q) | || mi~,8i000 | || 1 | ,117 || 000 | || ~,p3000 | || 16,53k,ooo | || -- | || | || _ | || "t | || ~ | || | || 114,969,ooe | || !l3' | || iit | || ooo | || 10;0,000 | || 1 | 1", || 334~ooo | || 1 | || tir¥i,6q,ooo | || | || j | || - | || s~t::tooo | || 13,os,ooo | || 01, | || 10 | || 149,000 | || | i, || 01, | || 000 | || i | || 1:po,000 | || 1,85,g8,ooo | || 1'·- - | || ~ | || li | || f,;1','3t | || ooo | || 1,000 | || "7,3,"',000 | || 20 | || 501 | || ohadi,arh | || | || | || revenue | || capital | || | || andamaa | || and | nico- || bar | || blaneta | || revenue | || 55 | || capi'tal | || 3,05,33~ | || | || 3,05;33,000 | || -- | || 56 | || oadra | || and | || nllar | || hatteli | revenue || capital | || £44,31• | || 000 | || | ,31,000 || fli,iis,ooo | || 01 | || 8 | || ,115,000 | || 57 | || labhadweep | || revenue | || capital | |g8,3 i ,ooo qij,t,ooo 011,1111-000 i 41,,000 58 minitry or loduicry revenue l 68,17,000 i ~"7,000 , " ~,~ooo 3,501,33,000 4ii,f11, ,000 4liofl1,ho,ooo 59 illiiuitrica · rcrvc:nue capital 15,06,18,000 17,,8,99000 1 ,8:1~s,ooo '9,11 1,114,000 revenue capital 110,93,011,000 | 61 | ||-----------|--------------|| temi_, | || hattdluom | || and | handicraf'tl || revenue | || capital | |~,3i,57,ooo 1,311,000 14sil,ooo revenue !m3,g6,ooo 3~9'96000· 311,901000 311,9f,000 63 information and publicity · revenue capiw ~ broadcutilaa · revenue capital 11059,14,000 11~1t: st49tii,5,ooo 1,000 ~; ,ii ,000 14,17,000 " 141,,000 65 ! millistry or labour revenue ",99,116,000 6,1,000 4:~ i 1 3~~90,ooo 1,,000 66 labour and empo ieyment revenue capital suma not exceedlni n;"'i of i vote service and puipoioi total voted by l'lbatked on1he parliament i conaolidated fund 5 -------------1------'------------, ' ri ri ri 67 ministry of lawd'-doe and compuy affail'll - revenue 10 capital revenue a6,oo,000 68, "administration of 'justice - 19,4sijoo mii;ditry efijdroleum, 'qhemi ' and 18,8g,ooo j8,sg,ooo fertilizen revenue petroleum and petro-chemicala induetriea revenue capital 113,6154,000 16,68,56,000 7' 20 chemicals aod ferti-1 hiers iadasa'iea revenue capital 711 ministry of planning revenue 40,000 73 statiltica revenue 11,61,13,000 74 pinnin, commi lion revenue 'j1l'1i11,000 75 minutry or "shipping and tranlport revenue - revenue capital 4,000 1,9s,oo,ooo 30 i9,77,3f),ooo 1110'50 '94'000 1,000 1 ,~,o"ooij ,o,91l,5 7,000 38,19,78,000 110,911,511,000 99,111,85,000 77 portl, lighthoulei and shipping reven capital i 78 ' road and inland water tranlport 35 revenue capital h9,ss,ooo 3,111,75,000 del'artment of steel 79 revenue capital 11049,59,000 6o,4ti,go,ooo 80 department mines of revenue 81 mines and mineral revenue capital 8!l department of supply revenue 88, supplies dillposala and revenue 84 department of reha- bilitation revenue capital and civil aviation servicca and pu~ no of vote suma dot exceedinl voted by cjwosed on the total parlilldlent codiolidated fudd ra ra 86 meteorology revenue capital 33511•000 3350 i 1,000 "'q04i ,ooo 49041,000 i aviation revenue capital t·~813000 8,000 t-r:11 ',000 ,61000 6'1,oijo ti, 118000 10 88 tourilld revenue capital i 8419000 84,19,000 17 1\5000 i 17435000 89 ministry of word iadd h01ll1dl - revenue j 2110000 21,10,000 i 90 puhlic worb~· revenue capital 1573,18000 s,ooo 1!i7323000 ",8 811000 :i,so,ooo l48632,000 9 1 water supply aud sewerage t~venue i 136950,000 13,6g,50,000 housinf, and urban revenue dcve oplllent capital 629311•000 i u,/iooo 6>411~,000 91591,000 '1,3016,000 16,36, ,000 20 93 6,86,08,000 1,000 6,86,09,000 stationery and printing revenue i 94 9,01,000 9,01,000 department or atomic energy revenue 95 15t,82,000 iii 76,000 15~,8g,ooo ill, ,76,000 atomic encrjy research, development and industrial projects l<e • lue capital 96 19,111,54,000 19,111,54,000 9>41,23,000 9>41,113,000 nuclear power scbemes rmlenue capital 97 1,98,s4,000 1,98,54,000 departmen t of culture revenue 98 arcbaeology revenue 1,16,08,000 1,16,08,000 99 2,00,48,000 ii,oo,~ooo 1,10,68,000 1,10, ,000 deoartment or electronic revenue capital 100 deoartment or s,4~,1i9,ooo 1833,000 5,4i,1i9,ooo i ,33,000 ~cience and technology revenue fcapital 101 3,67,50,000 367,50,000 survey of india revenue 102 8,s2,68,ooo 8,52,68000 grano to council nf scientific and inriultrial research revenue 103 department of space revenue capital 6,90,95,000 i 690,95,000 5m,04,000 i 5044,04,000 1 ____ suidi not exceeding services and purpolcl total no of 5 vote voted by parliament charged on the: conlolidawd fund -----~ ra ri' ~rj mi,ooo lok sabha revenue fh,60000 94,80,000 104 rajy satbha revenue 35,1i3,ooo z4000 105 3537,000 10 106 ~artment of arliamentary affairs revenue 4,19,000 ,19,000 chaao&d~14ff houii-hold au lf~s , ,iy pruidmt revenue ia,oo,ooo z3,00000 is 107 secretariat of the viee-preaident revenue 93,000 93,000 chaaobl)-(lllitm pub-ii'c serl'iee cmnmissulft revenue 5' 9000 20 i i total 1--a-7-66-,-oa-!2-7-,000--,-s4-0-9-,-93-,-3-z-000--!i ------------------------------ 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 ot: the consolidated fund of india of the money required to meet the expenditure charged on the consolidated fund and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government, excluding railways, for a part of the financial year 1979-80 satish agarwal president's recommendation under article 117 of the constitution of india[copy of letter no f (2) (13)-b(d) 179, dated the 9th march, 1979 from shri satish agarwal, minister of state in the ministry of finance to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation ofi certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1979-80, r~ommends under article 117 (1) and (3) of the constitution of india read with article 116(2) thereof·, the introduction of the appropriation (vote on account) bill, 1979, in lok sabha and also the consideration of the bill 2 the bill will be introduced in lok sabha immediately after the demands for grants, 'on account' for expenditure of the central government (excluding railways) for the year 1979-80 have been voted , a billto provide oor the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1979-80 (shri satibh agaru'al, minilter of state in the miniltry of finance) | Parliament_bills | 95191ab0-d943-59e1-9a43-6e8e4474b6c7 |
bill nr- '!- " 15 the delhi motor vehicles taxation (amendment) bill, 1982 - billfurther to amend the deth'i motor vehicles taxction act, 1962 be it enacted by parliament in the tbb'tythird year of the republic of india as follows:-1 (1) this act may be called the delhi motor vehicles taxation (amel'u:lment) act, 1982 short title and commencelj1ent ~ (2) it shall come into force on such date as the admfniitrator may by notification in the oftlcial gazette, ~point 67 of 1082 2 throughout the delhi· motor vehicles taxation act, 1962 (hereinafter referrec\ to as the princ;pal act) for the words "chief commissioner", whf>rever they occur, the word "admtniatrator" ilbai1 be sulle1:i, 10 tuted subltitution of "chief commissioner" by "administrator" 3 in section 2 of the principal aet, w dauw (a) tag fo1lowl, wuse shall be substituted, namely:-amendment ot section 2 i (a) "administrator" means the administrator of delhi appointed by the president under article 239 of the constitution;' t section 3 of the princi')a1 act shall be renumbered u sub-cuon (1) thereof and, after lublection (1) as 80 renumbered, the touowtni lubeetion ihall be 1nserted namely:- (2) the admlniatrator 1nay, by notification in the 0jftctal gazette, increase from time to time, the rate apecifled in schedule i 5 in relation to any motor vehicles: provl~ that the rate as 80 inerea&e'd shall tn no case exceed the rate as so specified by more than twenty-five per cent thereof" i in aectton 23 ot the principal act, for sub-aectton (3), the fouowtni suh-leetion shall be subs~tuted, namely:- 10 , (3) every rule made under this section and every notiftcatlon tssued under su~tion (2) of section s shall be laid, as soon 8s may be, after it is made or issued; before each house of parliament, whfle it is in session for a total period ofthlrty days which i may be eomprlsed in one session or in two or more successive 'sesslons, ~ and if, before the exl?try of the session immediatelv following the eeaton or the successive sessfons aforesaid both houses a~ tn ma1dn~ any modffteatjon in the rule or notiftcation, or both houses ~ that thf; rul~ should not be made or the notification should not be tssued the rule or notfftcat1on shllll therellfter have effect o1'\ly in ~ such modifted form or be of no effect, as the cas~ may be; 80, how-·ever, that any such modiftcatfon or annulment shall be wfthout ljre-1udee to the validity of rllytb1u~ 'p'i'p~nously fi,,,e 1tn~pr thllt ,,jle or notiftcatfod """"",, t for sehedulf' i to the- principal act, the following sehe'dule shall be i~ r;ubstttuted, namely:":'" ' ~ ~ (see section 3) pail't' a-mator fthic1el fitted ·loiely with paewaatie tyfei-i motor cydes &ad tricycles (inclwqg motor icooten and cycles with attachment cor pmpeilidgthe ume bymeehaftijed power): rupcal (6) ijoootcrcttes and auto-cyclea (fiat rattl) - twenty (i) tricycles (bat rate) fifty (4) motor cycles or tricyclca uaed for drawiug a ti'ailcf\ or tide car to tbc rate apoci6ed in () « (b) cr (e) abovejlwfifteen rupeci' j teo ii motor ~hides (adaptec:cand used for idvalids) ,the registctcd lmladen weight of which does not soeod thn:o hundred ldlopms - 15 ill motor vehiclm (includiug tricydr» uaed lor the transport of haulage of goods or materials, thl'" registered laden wei~ht of wbich-(a) does not r:xceed oue tonne ao (b) c:zccedj one toddc but docs do( exceed two tojulcl three hundred add ten (e) axcceds twn toddci but does dot exceed four tonncs four iwndred 8iid !ievc:ilt)' (4) ezceeds four tonnes but does dot exceed aix tolldcs six hundred and thirty (,) exoccda six'tonnea but does iwt ~-cced c'light tonnt'i'i seven hundred and eighty - - (f) eatccocii eight toodta but docs iaot exceed dinetonnes, , , niue uulldred &dd forty ci) exceeds nine tojmes out doei dot cjl-coccl ted tomes - 8levto buadred " , (") aceedi tt'n tonnes tv additional tax payable in respect ofvdlides tefernxf to in item tn\llat'ld ror dtawiag ~--description of moto, whitus ,annual rau of itjx for __ tor vlnd, !2 rupees ~ (ii) for each trailer the registered laden weight of which exceeds two tonnes: three hwldred provided that two or more vehicles shall not be chargeable under this item in respect of the same trailer to v motor vehicles (idduding tricycles) plying for hire end used for the transport of passengers, when-(a) licensed to carry, in au, rot more than twopassengcrs (cxcludingdriver) one hundt'ed 15 (b) licensed to carry, in all, more than two but dot more than four ~ii (excluding driver and conductor two hundred (c) licensed to carry, in all, more than four p'o-g" but not more than ax passengers (excluding driver and conductor) three lumdred and seventyfive (i) licensed to carry, in all, dlore than six pa'jsengers but dot more than eighteen paueragcn {excluding driver and conductor) six hundred and thirty (,)jicenmd to carry more than eightcjcd passengcn (excluding driver and conductor) the rates apecificd in (d) above plus~tyfour rupcea for· so every paaenger in addition to eightoed ,-eagcti which tile whicle· u :iojioenaed to carry, and rounded ofr 5s vt motor vehida 0\mccl by airline companies or corporations for carrying p8llengerb andstalf-(4) the aeatinc capacity of which does not exoecdfoar (excl~ driver) two hundred (b) the seating capacity of which exceads four but doel not exceed six (excluding driver) - ~ five huddted addaeventy ' (c) the seating capacity of which e&c:eeda six but does not exceed oilb~ (excluding driver) ' sut ~ aaulthmy description of motor demeles annual raj4 of iu for ide" motor wiiieii rupeea 5 (d) tbc eating capacity of which exceeds eighteen the tate specified in (t) above plus ninet,fo~ ~ for every person in addition to eighteen persons and rounded off to vii break:ttowq vans uaed for towing disabled vehicles and tower wagons used tor mamtenance of ovefhead electric lines 'fhree hundred and ten viii motor vchiclea pther than those liable to 15 tax under the foregoing provisions of troll schedule, the r~stered unlad~n weigh t of which-(a) do") q'>t exceed one th:>uj"nd kilogram one hwldrcdand tweuty-6ve (b) elcceeds one thowand kilograms but 130 does not exceed one thousand and five hundred kilograms ' one hundred and sixty (c) exceeds one thou'i'1nd and five hundred kilogram but doe, not exceed two thou,and kilograms '"i\tx) hundtcd and thirty (d) exceeds two thousand kilograms the ratc lpecified in (,) ·above plus ode hundred and fifty ~':lpeesror every one thousand ldjograms or part thereof' in addition to two thousand kilosrama· ix additioaal tax payable in rapec:t ofvohicloi referred to in item viii it such vehicles are used tor drawing trailers-(i) for eacll trailertbe registctcd unladen weight of which docs!wt exceed one tonne sixty (ii) for each trailer the registered unladen weight of which exceeds one tonne : one hundred and twenty pro~ed that two or morc vehicles ahall not be chargeable under this item in respect of the same ttailer pu:r b-motot vehicles other than those fitted solely with pneumatic tyres the rates shown in part a plus fifty per cen~ thtreol 45 n'0te-1'hc registered un1aclcn weight of motor vehicle shall be as specified in the ocrtificate of registration ", sectioq a 01 the delhi motor vehicles taxation act, 1962 (57 of 1962), provides that there shall be levied and collected on all motor veblc1e& used or kept for use in the union' territory of delhi a tax at the rates specified in schedule i to that acl the rates of motor vehicles tax which were last revised in 1969 are comparatively lower than those in the neighbouring stat~ during the last few years, there has beed significant increase in the costs of maintenance, construction and development of road& to meet the increasiilg traffic demand it is, therefore, proposed to increase the existing rates of tax od certair;l types of motor vehicles, such as, cars, jeeps, buses and goods vehicles it is, however, not proposed to increase the rates of tax od the motor vehiclea used for invalids, motorcycles, scooters, scooterettes, tricycles, autorickshaws and taxis slllce these are, by and large, used by comparatively weaker sections of the society the principal beneflciaries of the :idcrease will be the local bodies to whom the proceeds of the tax are distributable under section 20 of the said act schedule i sought to be substituted by clauae 6 of the bill gives eftect to the propos8ls 2 claas& 4 of the bid seeks to amend sec~n 3 of the act 10 as to empower the administrator to increase, from time to time, by notification ii1 the official gazette the rate specified in schedule i in relation to any motor vehicles it is subject to the condition that the rate so increaaed shall in no case exceed the rate speci1led in schedule i by more than twenty-five per cent provision has also been made that every notification so issued shall be laid before each house of parliament 3 clause 5 01 the bill provides for the amendment of the provision relating to the laying of rules before parliament to give effect to the recommendatiolul of the committees on subordinate legislation of the houses of parliament the amended ~rovision lays down that a nowlcation issued by the administrator under sub-sectiod (2) of section 8 of the wet act relating to the increase of the rate of motor vehicles tu shall also be similarly laid before each house of parliament 4 owortunity has also been taken to substitute the worda "chief ~ommfafdoner" by the word "administrator' in the said act 5 the bill seeks to achieve the above object8 nn dam; sitaram ke~r1 the 2t1d jtjj,,~ lob memorandum regarding delegated legislationclause 4 of the bill seeks to amend section 3 of the delhi motor vehicles taxation act, 1962, so as to enable the administrator to increase the rate of tax specified in schedule i to the said act in relation to any motor vehicles by notiflcation, trom time to time this is, however, sub ject to the condition that the rate as 80 increased shall'in no case exceed the rate specifted in the said scheciule i by more than twenty-ftve per cent thereof the notiftcation 80 illued will be placed before parliament the delegation of legislative power is thus of a normal character - - - - - - j>ftditiona z in this act, unless the context otherwise requires,-(0)· ,cchief commissioner" means the chief commissioner of deud; - - - - - 23 (1) - - - - - power to make rul (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 l)eriod of thirty davs which mav be comprfs~ in one session or in two successive sessions and if hefore thf! exnfrv of the smmon in which it is 80 laid or the serston immetliatelv following both houses aq'i'ee in makfne: nnv modifl~atfon in the rule ot hoth 'r'om~e~ ri1ree thl\t the rule shoum not be made the rule shall thereafter hava pfl'ect onlv in such mmifterl fnnn or be of no efl'ecl a~ tlle case mrv be: !m however thrt: any' such mo/nflcation or annulment "h"ll hp witllout pr"!judice to the vaudity of anything previously done under that rule schedtjt e i (see sectinn ~) part a-motor vehicles fitted solely with pneumatic tyrest motor evcles and tricvdr1i (inr1u(nnl!' motor seootel'i and cvde'l with attat'hment for nmpellinll' the saml": bv m~lum~d power)-(4) motor rvdf'ji lroo~ (flat ratt!' forty ([,) loooterettr1l and auto cycles (flat rate) twenty (e) trievcles (flat rau' fifty (ti) motor cvcles or tricycles \lied for drawing a trat1er or aide ear the rate specified in (ii) or (ii, or (e) above p/ulfifte«t rupees n motor vehicles (adapted and used for in- ,-vahds) the ~tered unladen wei~ht of ~ ,-which does not exceed two hundred and , fifty kilograms ten description of motor 'delaicies annual,ate tif tax for tach motor 'dehiele rupees iii motor vehicles (including tricycles) used for the transport or haulage of goods or materials, the registered laden weight ofwhicla-(a) does not exceed one tonne one hundred and seventy-five (6) exceeds one tonne but does not exceed two tonnes two hundred and fifty (c) exceeds two tonnes but does not exceed four tonnes three huncl~d and seventy-five - (ii) cxceeda four tolulcs but does not ex-clecld six toddes - five hundred (e) cxc:eede m tonnes but does not exceed eight tonnes six hwl(ired and twenty -five (j) exceeds eight tonnes but does not exceed nine toiule4 - seven hundred and fifty - (g) exceeds nine tonna but does not exceed ten tonnes eight hundred and 8evrntyfive (ii} exceeds ten tondci the rate specified in (g) above jiliuoue huddred and twentyfive rupeet1br every one tonne or part thereof in addition to ten tonnea· ' ,iv additional tax payable in respect of vehicles referrccl to in item iii, used cor drawing trailen--(a) for each ttailct the registered laden wright of which does not exceed two tondes 'one ihundred 'and' twentyfive ' (b) (or each trailer the registered jaden , weigbt of which exceeds two tonnes: two hundred and fifty provided th&t two or more vehicles shall not be chatpabje wader this item in, respect of the same trailer v motor' vehiclci (includidg tricycles) plying for hire and used for the transport of passengen,when-,,' | i\ | " ||--------------------|--------------|| (a) | || licensed | || to | || ,carry, | || in | au, || 'not | || mote | || than | " - || two | || pasaengen | || (excluding driver) | ore hundred || (6) | || licensed | || to | || carry, | || in | || au,mofe- | || than | || two | || bot | || iiot | || mare | || thad | || four | || paaaenaers | || (excluding driver | and |descripliml , motor vehicles (c) licensed to carry in all more than four paacngen but not more than iix pmieagets (excluding driver and conductor) three hundred and leventyfive (d) licensed to carry in au ~c tjaaq liz paiiiliii8uj bu,t not more than eighteen passengen (excluding driver and cod-ductor) five hundred (i) licensed to carry more than eightccm passengers (excluding driver and conductor) - ~ rat~ ~ in {ii> above phis ~eat,fiw rupees for every paiienguo in addition to piacd8ei'8 which abe widde is 10 lioe:nseel to carry subject to a ma-3cub= of two thobiatld seven iiwnited and fifty rupees per annum vi; motor vehicles owned by airline companies or corporatioas for carrying paaengers and stafr-(a) tbe· capacity of which doesnot ~ ~ (aclading driver) two hundred (6) the capl£ityof which exceeds four but does not exceed six (excluding driver) 'i'twm ~8dti"tyaft (c) the seating capacity of'which csceeds six but does not ~ eighteen (excluding driver) - : (d) tbe capacity of which exoeeds eighteen the rate specified in (c) above plus seventy-five rupees fbt ~ , ba· addition to ~ subject to a maximum of two tboujand ·ift " y ,,jmi' vii bteak-down vans uaed for towiug disabled vehicles viii motor vehicles other than thole liable to tu wider the foresoing proviaiodl of this schedule, the rqristcrett ___ wapt ofwhida (4i} does not ~ onewu kijd pmi' - 0 rupees (6) esceeda one thouwld kilograms but does dot exceed one thousand and five hundred kilograms one hundred and five (c) exceeds ode thouaand and five hundred kijograma but does not exceed twa thousand kilogrlms one hundred and seventyfive cd) exceeds two tf1?usand kilogram'! the rate specified in (r) above /jiiis ode hundred and twentyfive rupees for every ode thousand kilograms or part thereof in addition to two thousand kilograms ix additional tax payable in respect of vebiclea referred to in item viii, if such vehicles are used for drawing traijers-(i) for each traijer the registered unladen weight of which does not exceed one tonne fifty f one hundred - (ii) for each trailer the registered nladen weight of which esceeds one tot,me : - "j : " :1 provided that two or more vchic1~ shall not be -tp6le this ftim ill rwpett of the same trailer part b-motor vehicles other than thole fitted iolely with pneumatic tyres the rata ahown ill part a plus fifty per cent theteof non-the registered unladen weight ora motor vehicle ,hall be as specified in the certificate of registration - lull·further tel amend the delhi motor vehicles taxation act 1112 \'\ (shri sittl ram kesri, minister of stale in the ministnj of shipping end transport) | Parliament_bills | f3b67270-7615-5180-8d63-252f1232ce43 |
bill no , 0("3 the appropriatio'f (railways) bnlj • 1963 a billto authorise payment and aw"op1jation of certain furtjler • urns from and out of the consolidated 'und of lndia for the service of the financial year 1962-63 for the purposes of railways be it enacted by parliament in the fourteenth year of the republic of india s· foliows:-1 this act may be called the appropriation (railways) act, 1963 short title z from and o\,lt 01 the consolidated fwld of -india there may be l~uc of rs ~ paid and applled sums not exceeding those &-'-"'~ed in column 3 of 22,32,,8,000 -~ ~~~ the schedule amounting in the aggregate to the sum of twenty-two codsoudated crores, twenty-two lakh-; and fifty-eight thousand rupees towards =f~tbe defraying the several charges which will come in course of payment fidadcial during the ftnancial year 1962-63, in respect of the services relating year 1961-63 - 10 to railways specified in column 2 of the schedule 3 the suiiw authorised to be paid and applied from and out of a(lpropl'iathe consolidated fund of india by this act shall be appropriated for tlon the services and purposes expressed in the schedule in relation to the said year sums dot exceeding i no ! ------_ _ '" sen·ice an<\ purposes chamcd od : vote i voted by the codsou- i toral -+--_-:l ___ __ ·i_p_ar_uam __ ed_l_'i-_d_at_ed_pd_dd __ l-i ___ _ i i r~ lb irs - 5 i workidi bxpcuses-jtcsrs, i add maiatemdce i \ ':1,000 i 82,000 10 6 i workin 'bxpediles-()perltidai\ std 1,28,67,000 7 i woi'jdill expedses-operatiod: i i (fuel) ' 1,07,73,000 i 9 i w~ &penlics-miilccuan-l· i eous ezpensn : 1078,39,000 i 22,75,000 13 ()pca line works (revenuer,; labour welfue i 22,7 5,000 i 8,93,000 15 codstluction of new lincs ! 9,07,19,000 20 16 open line worka-additions: 8,95,14,000 i 1~o5,ooo 17 i oped line worb-replacemeats 8$5,54000 u,s6,ooo 868,10,000 _j __ _ __ tot~~ 11--_-~j- ~-~8-~~-a_~ooo-_-j-- --3-4~---o-l- -~-2-'2-_2-~-~8-_~-ooo-·- statement of objects and reasonsthe bill is introduced in pursuance of article 114(1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the con1iolidated fund of india and the grants made by the lok sa bha for expenditure of the central government on railways for the financial year 1962-63 swaran singh a bill to authorise payment and appropriation of certaill further swns from and out of the cunsolidated fund of india fur the service of the financial vear 1962-63 fur the purpuses of railways the president has, in pursuance of clauses (i) and (3) of article 117 of t he constitution ('f india, read with clause (2) cf article 115 thereof, recommended to lok sabha the introduction and consideration of the bill m n kaul :";ecrelary (sarda, swaratl singh minister of railways) - | Parliament_bills | ae21c2e4-272c-54b1-9001-0d101d59f98f |
as introduced in lok sabha bill no 116 of 2016 the indian penal code (amendment) bill, 2016 by shri pravesh verma, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—2 after section 376e of the indian penal code, 1860, the following section shall be inserted, namely:—insertion of new section 376f5"376f notwithstanding anything contained in any other law for the time being in force, whoever commits rape, his movable and immovable property shall be confiscated and delivered to the victim of rape:confiscation of movable and immovable properties of the convicted personprovided that if the person convicted of committing the offence of rape is married and has children, his movable and immovable property shall be distributed equally between the victim of rape and the wife and children of the convicted statement of objects and reasonsincidents of rape have increased in the recent days there has been considerable delay in filing the cases and the final verdict in the meanwhile, the victim is harassed not only by the defense lawyers but also by the society in case, she holds any job especially in private sector, she is removed from the job and her situation becomes worse when there is no one to take care of her and she is left to fend for herself all these conditions force her to lead a miserable lifetherefore, it is proposed that apart from punishment provided under the indian penal code, the movable and immovable property of a person who commits rape shall be confiscated and delivered to the victim this will not only act as a deterrent but also, to some extent, help the victim to come back from her agony and lead a dignified life as the family of the convicted person should also be taken care of, it is also proposed that where the person convicted of an offence of rape is married and has children, his property shall be divided equally between his family and victim of rapehence this billnew delhi;pravesh vermaapril 13, 2016 annexure indian penal code, 1860 (45 of 1860) 376(e) punishment for repeat offenderswhoever has been previously convicted of an offence punishable under section 376or section 376a or section 376d and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death lok sabha———— a billfurther to amend the indian penal code, 1860————(shri pravesh verma, mp)gmgipmrnd—250ls(s3)—02052016 | Parliament_bills | 8239c0cf-b0ff-5b28-85c0-8a121d64af21 |
bill no xlvi of 2010 the constitution (amendment) bill, 2010 a billfurther to amend the constitution of indiabe it enacted by the 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 on such date as the central government may, by notification in the official gazette, appointamendment of article 152 in article 15 of the constitution, for clause (1), the following clause shall be substituted, namely:—"(1) the state shall not discriminate against any citizen on grounds of religion, race, caste, sex, disability, place of birth or any of them"amendment of article 163 in article 16 of the constitution, for clause (2), the following clause shall be substituted, namely:—"(2) no citizen shall, on grounds only of religion, race, caste, sex, descent, disability, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state" statement of objects and reasonsthe consitution mentions specifically different spheres of discrimination and mandates equality of treatment it is only fair and just that when a large number of citizens come in the category of "disabled" and suffer from multiple discrimination, the constitution should offer protection against any such discrimination based on disability the amendment in articles 15(1) and 16(2) of the constitution is proposed to remove discrimination against disabled personsthe bill seeks to achieve the above objectives hence this billbrinda karat annexure extracts from the constitution of india 15 prohibition of discrimination on grounds of religion, race, caste, sex or place of birth—(1) the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them (2) no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state ———— a billfurther to amend the constitution of india————(shrimati brindra karat, mp)gmgipmrnd—4351rs(s3)—-27-08-2010 | Parliament_bills | fd860b96-2a0e-52e2-8081-a8233791767e |
the gold (control) amendmetff bill, ~969 ~-2 be/as introduced in lok sabha-l , - 1 page 2, line 36-after "supervision" omit -2; page 3, line 2,-" ', , for "s'ub-c lau_ses"l' read "sub-c)ause ii --3 page 3, line 21,-~fter "refit:lery" 2!!l!i " " , 4 page 4, line 31,-" ii i insert after " e f !' ect '! 5 page 4, line 38,-after "be i' , " " " , 6 page 5, line 40,'; ill "person" ~ "persons" 7 page 6, line 4,-i2! "appicab1e" read "applicable" 8 page 6, line 6,-for "for" ~ ','after" " 9 page 6 line 7,-for -, "substituted" 10 page 6, line 28,-" " - after "opportuni ty" orllit -11 page 6, line 30,-after "be" 2mii " " , 12 page 7, line 38,-after "hereby" omit -" n , 13 page 8, line 5,-for "field" read "fil~d" --14 page 8, line 9,-after "petitions" insert ti " , 15 page 8, line 10,-after "27 (2){ d)," insert "27 (6) n 16 page 8, line 15~-after "17(2)(d)" insert ii " , , 17 page 8, line 20-" ii - after "viz" insert li page 14, line 33,-'1( omit nnot" - -19 page 16,-i for the exi~ting!ma~inal heading to section 88,-: ,-"dea lers, etc, when to be deemed to have abetted an offence" sravana 4, 1 91 (seka) bui no 6z of 1%9 the gold (control) amendment bill, [969 a billto amend the gold (control) act, 1968 be it enacted by parliament in the twentieth year of the republic ot india as follows:-1 (1) this act may be called the gold (control) amendment act, short title l!jti~ and comment-e-s (2) it shall be deemed to have come into force on the 3rd day of july, ment 1969 i \ i, -~ 011968 z in section 5 of the gold (control) act, 1968 (hereinafter referred to amendment as the principal act) in 6ub-section (2) ,-of !ection 5 (i) in clause (a), the word "and", occurring at the end, shall be 10 omitted; (ii) clause (b) shall be omitted amendmedt of section 8 3 in section 8 of the principal act, for lsub-section (2), the following sub-section shan be, and shan be deemed always to have been, subatttuted, namely:-ii (2) save as otherwise provided in this act, a person may,-(a) (i) acquire or agree to acquire the ownership, possession, s custotiy or control of, or (ii) buy, accept or otherwise receive or agree to buy, accept or otherwise receive, any ornament, unless he knows or has reason to believe that such ornament, being required to be included in a declaration, has not 10 been so included; (b) sell, deliver, transfer or otherwise dispose of, or agree to sell, deliver, transfer or otherwise dispose of, any ornament, but shall not do so if the ornament, being required to be included in a declaration, has not been so included" 15 4 in section 17 of the principal act,-amendmeftt ofsection 17 (i) in sub-section (2), for clause (d), the following clause shall be, and shall be deemed always to have been, substituted, namely:-"(d) shall be subject to such conditions and restrictions as may be prescribed"; 20 (ii) for sub-section (6), the following sub-section shall be, and shall be deemed always to have been, substituted, namely:-"(6) (a) no application for the issue of a licence to commence or carry on business as a refiner shall be granted unless the administrator, after making such inquiry as he may think fit, is a, satisfied with regard to the following matters, namely:-(i) the security of the premises where the applicant intends to carryon business as a refiner, the suitability of such premises for being used as a refinery, and the existence therein of arrangements for the storage of gold before and 30 after refining; (ii) the existence, in such premises, of equipment for the manufacture of standard gold bars, ar for assaying of gold, and the quality and adequacy of sucli equipment; (iii) the existence, in such premises, of facilities for the 3' exercise of supervision, an~ control by the administrator or any other person authorised by him in this bebalf; (iv) the competence of the applicant to manufacture standard gold bars; and (11) such other matters as may be prescribed 40 (b) no application for the renewal of a licence to carry on business as a refiner shall be rejected unless-(1) the holder of such licence has been given a reasonable opportunity of presenting his case, and (2) the administrator is satisfied that-(i) the application for such renewal lias been mnde after the expiry of the period specified therefor, 01' (ii) the refinery does not continue to satisfy the matters specified in sub-clauses (i), (ii), (iii) or (v) of clause (a) , or (iii) any statement made by the applicant at the i time of the issue or renewal of the licence was incorrect or false in material particulars, or (iv) the applicant has contravened any term or condition of the licence or any provision of this act or any rule or order made thereunder or of any dther law iq for the time being in force in ,so far as such law prohibits or restricts the bringing into or taking out of india of any goods (including coins, currency, whether indian or foreign, and foreign exchange) or the dealing in such goods by way of acquisition or otherwise ij (c) notwithstanding anything contained in clause (u) or clause (b), a licence to commence or carry on business as a refiner shall not be issue'd or renewed if the administrator, after giving the applicant a reasonable opportunity of presenting his case, is satisfied that the entire volume of the refining business done, or proposed to be done, by the applicant may be conveniently done at 6 refinery, established or run by government or by a corporation owned or controlled by government (el) every order granting or rejecting an application for the issue or renewal of a licence shall be made in writing" 25 s in section 26 of the principal act, in claus~ (c), after the words "to amendment a licensed dealer", the words "or too such other person or authority as of section 26 may be specified by rule made in this behalf" shall be inserted 6 in section 27 of the principal act,-amendment (i) in sub-section (2), for clause (d), the following clause shall of section 2'1 be, and shall be deemed always to have been, substituted, namely:-30 "(d) iball be subject to such conditions and restrictions as may be prescribed"; (ii) for sub-section (6), the following sub-section shall be, and shall be deemed always to have been, substituted, namely:-35 "(6) (4) no application for the issue of a licence to commence or carry on business as a dealer shall be granted unless the administrator, having regard to such matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be issued ~b) no application for the renewal of a licence to carry on business as a dealer shall be rejected unless the holder of such licence has been given a reasonable opportunity c1f presenting his case and unless the a\iministrator is satisfied that-4' (i) the applicoation for such renewal has been made after the expiry of the period specified therefor, o'r ' (ii) any statement made by the applicant at the time of the issue or renewal of the licence was incorrect or false in material particulars, or (iii) the applicant has contravened any tenn or c01ldi~ tion of the licence or any provision of this act or any rule s or order made thereunder or of any other law for the time being in force in so far as such law prohibits or restl'icts the bringing into or taking out of india of any goods (including coins, currency, whether in'dian or foreign, and foreign exchange) or the dealing in such goods by way of acquisition or 10 otherwise, or (iv) the applicant does not fulfil the prescribed contiitions (c) every order granting or rejecting an application for the issue or renewal of a licence shall be made in writing"; (iii) after sub-section (6), the following sub-section shall be is inserted, namely:-"(6a) where the central government, having regard to the quantity of gold produced in india and the supply therein of gold through lawful channels, is of opinion that it is necessary (1't expedient in the interests of the general publlc so to do, it may, ao notwithstanding anything contained in this section, direct the administrator to restrict or reduce the number of licensed dt'alers to such extent and in such manner as may be specified by rules made in this behalf: provided that no such rules shall come into force until the as expiry of the period referred to in sub-section (3) of section 114 and if, before the expiry of the said period, both houses of parliament agree in making any modification in the rule or both houses of parliament agree that the rule should not be made, the rule shall come into force only in such modified form or be of 110' )0 effect as the case may ba" amen4ment of section 11 7 in section 31 of the principal act, in the first proviso, for clause (i) the following clause shall be, and shall be deemed always to have been, substituted, namely:-"(i) any ornament, unless he knows or has reason to believe that is such ornament, being require-d to be included in a declaration, has not been so included," 8 for section 32 of the principal act, the following section shall be, substituted, namely:-substitution of new sec· t! on for set' tion 82 "32 (1) save as otherwise provided in this act, no licensed dealer 40 shall have, at any time, in his possession or custody primary gold in any form except in the form of standard gold bars: posselislon of primary ,old by licensed deall'1" provided that bothing in this section shall apply to primary gold which ia obtained in the process of, or in connection with, the making, manufacturing, preparing or repairing of one or more articles 45 or ornaments, if the total quantity of such primary gold in the possession or custody of such dealer does not, at any time, f"xceed-(a) four hundred grammes, if he does not employ any artisan, 5 (b) five hundred grammes, if he employs not more than ten artisans, (c) one thousand grammes, if he employs more than ten but not more than twenty artisans, (d) two thousand grammes, if he employs more thrn twenty 10 artisans: provided further that the central government may, having regard to the needs of the trade, volume of business and the interests of the general public, increase the quantitative limits specifi~d in the toregoing proviso is (2) where a licensed dealer has cut a standard gold bllr and has transferred or delivered a part thereof to a certified goldsmith or en artisan for the purposes specified in section 35, he may, notwithstanding anything contained in sub-section (1), have in his possession or custody the remnant of such bar which is left with him, and 20 in computing the quantities specified in the first proviso to sub-section (1), such remnant shall be excluded" 9 in section 39 of the principal act,-amendment (~) in sub-section (2), for clause (c), the followldg clause shall of set'tion 39 be, and shall be deemed always to have been, substituted, namely:-as "(c) shall be subject to such conditions and restrictions as may be prescribed"; (ii) in sub-section (4), for clause (e), the following clause shall be, and shall be deemed always to have been, substitute\:l, namely:-"(e) a person who belongs to a prescribed category or class 30 to which, in the opinion of the central government, the certificate may be granted"; (i'ii) after sub-section (4), the following sub-section shall be inserted, namely:-35 "(4a) where the central government, having regard to the interests of the general public, is of opinion that for the continuance or development of the industry of semi-manufacturet' and manufactures of gold, it is necessary 80 to do, it may, notwithstanding anything contained in sub-section (4), by notiftcation, empower the administrator to enter1x:lin applications for the grant of certificates referred to in sub-section (1), from person who possess such qualifications and fulfil such conditions as may be prescribed" | 10 | for seotion ||------------------------|----------------|| otnew | || iee- | || substituted, namely: - | || tion | || 10r | || 1ec- | || hon | 46 |"46 the total quantity of primary go'ld in the possession or custody, wh,etber individually or collectively, of the artisans employed by a licensed dealer shall not, at any time, exceed the quantitative limit appiooble, under sub-section (1) of section 32, to such dealer" 11 (1) in section 50 of the principal act, in sub-section (1) ,-5 limitli on primllty gold which an artlaan may have in hia possession amendment of section 50 (a) for the words "to such goods,-", the fo'llowing words shall be, and shall be deemed always to have been substitut~, namely:-"suspend such licence or certificate, as the case may be, pending the completion of any inquiry or trial against the holder of such licence or certificate, for making such incorrect or false 10 statement or for such contj:"avention, as the case may be: provided that no such licence or certificate shall be suspended for a period exceeding ten days unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action"; is (b) clause (i) shall be omitted; (c) for clause (ii) and the proviso occurring after that clause, the following sub-section shall be, and shall be deemed always to have been, substituted, namely: - "(1a) the administrator may, if he is satisfied, after making 20 such inquiry as he may think fit, that the holder of any licence or certificate issued, renewed or continued under this act has made such incorrect or false statement es is referred to in subsection (1) or has contravened the provisions of such law, rule or order as is referred to in that sub-section, cancel such licence 25 or certificate, as the case may be: provided that no licence or certificate shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action" 1z for section 88 of the principal act, the following section shall be, 30 substituted, namely:-substitution of new sec_ tion for lectior 88 dealers, etc, when to be deemed to have abetted an offence "88 (1) a dealer or refiner who knows or has reason to believe, that any person employed by him has, in the course of such employment, contravened any provisions of this act or any rule or order made thereunder, shall be deemed to have abetted an offence against 35 this act: provided that no such abetment shall be deemed to have taken place if such dealer or refiner has, as expeditiously as possible, and in any case before the expiry of two days from the date on which he comes to know of the contravention or has reason to believe that 40 such contravention has been made, intimated in writing to the gold control officer, the name of the person by whom such contravention was made and the date and other particulars of such contravention (2) whoever is deemed, under sub-section (1), to have abetted an offence against this act, shall be punishetl with imprisonment for 4s a term which may extend to three years and shall also be liable to tine" 5 10 13 for section 100 of the principal act, the following section shall be substitution substituted namely: _ o! new sec-, hon for section 100 "100 (1) every licensed dealer or refiner or certified goldsmith, precautions as the case may be, shall, before accepting, buying or otherwise re- to be taken ceiving any gold from any person, take such steps as are specified by ~a~e~censed the central government by rules made in this behalf, to satisfy him- refine; or self as to the identity of the person from whom such gold is rroposed certified to be accepted, bought or otherwise received by him ,oldsmith before (2) if on an inquiry made by a gold control officer the person acquir~g from whom a licensed dealer or refiner or certified goldsmith is any ,0 purported to have accepted, bought (if otherwise received any gold is not found at the address mentioned by the licensed dealer refiner or certified goldsmith or at any other address ascertained from the first-mentioned address, the gold control officer may call upon such dealer, refiner or certified goldsmith, as the case may be, to establish that he had taken the steps specified by the rules made ujlder subsection (1) 20 30 (3) if such dealer, refiner or certified goldsmith, as the case may be, omits or fails, when called upon so to do, to establish that he had taken the steps specified by rules made untier sub-section (1), it shall be presumed, until the contrary is proved, that such gold was accepted, bought or otherwise received by such dealer, refiner or certified goldsmith, as the case may be, in contravention of the provisions of this act (4) nothing in this section shall apply to a petty transaction expzanation-in this sectiun, "petty transaction" means a transaction in which the total weight of any primary gold, article or ornament which is accepted, bought or otherwise received from the same person in the course of a day, does not exceed twenty-five grammes" 14 in section 114 of the principal act, in sub-section (2), clause (j) amendment shall be re-iettered as clause (k) and before clause (k) as so re-iettered, of ection 3s the following clause shall be inserted, namely: _ 114 "(j) the types or classes of cases in which any authorisation may be made by the administrator;" 6 ot 1988 15 (1) the gold (control) amendment ordinance, 1969, is hereby, repeal repealed and saving 60t 1869 46 of 1868 40 (z) notwithstanding such repe~l, anything done or any action taken, inclutling any notification, order or rule made, direction given, notice, licence or certificate issued, pennission, authorisation or exemption granted, whether under the gold (control) act, 1968, or the gold (control) amendment ordinance, 1969, shall, in so far as it is not inconsistent with 4s the pl'<1visions of the gold (control) act, 1968, as amended by this act, be deemed to have been done, taken, made, given, issued or gi1mted, as the case may be, under the corresponding provisions of the gold (control) act, 1968, as amended by this act l'he bill seeks to replace the gold (control) amendment ordinance, lytiy, by which the gold (control) act, 1968, was amended 2 the gold (control) act, 1968, was challenged before the supreme court in three writ petitions field by licensed dealers and/or money-lenders the supreme court upheld the constitutional validity of the act as a whole and also upheld parliament's competence to enact the legislation numerous provisions of the act which were specifically impugned in the said writ petitions also survived the challenge as tv their vali\:lity sections 5(2) (b), 27(2) (d), 32, 46, 88 and 100 were, however, declared by the bupreme court to be invalid 3 the above-mentioned provisions which have been declared by the ::>upreme court to be invalid are being substituted by new provisions which have been drafted having regard to the observations made by the supreme court certain other provisions of the act, viz, sections 17 (2) (d) 17 (6) ond 39 (2) (c), which are similar in nature, substance or language to those which have been declared by the supreme court to be invalid are also being modified in the light of the observations made by the supreme court opportunity is also being taken to amend some other provisions of the act, viz sections 8(2), 26,31,39(4),50 and 114, in the light of the experience gained in the working of the act p c sethi new delhi; the 18th july, 1969 recommendation under article 117 of the constitution of india[copy of letter no 1/47/69-gcii (1), tiated the 18th july, 1969 from shri prakashchand b sethi, minister of state in the ministry of finance to the secretary, lok sabha] the vice president acting as president having been informed of the subject matter of the gold (cq'dtrol) amendment bill, 1969, namely, to amend the gold (control) act, 1968, has recommended, under clause (3) of article 117 of the constitution, the bill for consideration by the lok sabha , 'p')} "~'' '''-;,' i ·'~~1 ' ',,~- '/'" ' th~ bipwhi~h seeks to replace the gold (control) amentlment ordinan~, 1969, does not contain any provision which involve an, expenditure' from' the consolidated fund of india the implementation of the ~~q~w~ ()f the bul, wo!j,ld, however, necessitate the deployment of ~qgle twl 2 the staff required for the implementation of the provision id~lud~ in this,am il ajrea4y in position the annual recurring expentliture 9d ~~ req,~~jn~n~ of personnel is of the order of bs 30 lakha as against the said expenditure, there is an annual income of rs 151akhs (apptoxfmately) the net recurring annual expenditure od the enforcement ot gold goq~l ii of· the orejer of ra 15 lakha 3 the bill would not require any addition to the staft whieh is al ready in poiition therefore, the bill, if enacted, would not 1:4lvolve any expenditure on requirement of personnel and fin~ces in addj;~9n to what is being incurred at present on the eator~~t of gold c~tf01 4 the bw dciiis ,not involve any non-recurrinb expe~e~, , the bill provides for the fiqiding of rules under section 114 of the gold (control) act 1968 with regarti to the following matters, namely:-(i) conditions and restrictions to which licences issued to dealers or refiners or certificates issued to certified goldsmiths shall be subjedj (ii) additional jiultters which should be taken into consideration before disposing of an application for the grant of a licence to oommence or carry on business as a refiner; (iii) person or authority to whom gold recovered during the course of silver refining may be disposed of; , " (tv) matters which shall be taken into eonsideration before grant-~g or rejecting an application for the issue or renewal of a licence to commence or carry on business ai a dealer; (,,) additional category or class af person who shall be eligible to apply for the grant of a certificate referred to in section 39; (vi) qualiftcations on the possession of which and conditions on the fulftlment of which en application for the grant af a certiftcate to a person, who is not covered by any of the category specified in section 39(4), may be entertained; (vii) steps which a licensed dealer or refiner or certifted goldmnith should take to satisfy himself as to the identity of the penon from whom any gold is proposed to be accepted, bought or otherwise received by him; ("u,i) types or classes of cases in which any authorisation may be made by ilie admin:!strator 2 clause 6 af the bill seeks to insert a new sub-section, namely subsection (sa), in section 27 that sub-section empowers the central government to direct the administrator to restrict or reduce the number of ucensed dealers in certain circumstances the extent to which and the manner in which such restriction or reduction may be made is to be prescribed by rules provisions have, however, been made to the effect that luch rules shall not come into force until iliey have been laid before parliament for ilie period specifled in sub-section (3) of section 114 parliament will thus have an opportunity to consider such rules before they came into force j1 such rules are disapproved by parliament, they would not come into force at all: and if they are modified by parliament they would come into force in such modified form 3 the delegation of legislative power is, therefore, of tl normal character '~""''~-';""''''''''''-''''-'''~' annexure - ltracts from: the gold (control) act, 1968 (-t5;oi' 1968) - • •- ; (i; i, chapter ii •, ,, ' ~trator am) gold control oiticds - - - - 5 (1) - - , ej power ot , (2) the administrator may, so fat as it appears to him to be necel- adrniru-sary 01' expedient· for' carrying out the 'provisions of this 'aet; /by lorder- ::':~ec (4) regulate, after consultation with the reserve bank of india, ti::, and t~ price at which any go'ld may be bought or sold, and' or ~:' 'f> ~ ~< '(6) 'regui8te 'by iicences, permits 'br' othehv1~, the'ti1anilfacture, - tlistributioh, tr~port, acquisition, possession, transfer, 6isposal; 'use or consumption of gold - - - - - chapter iii restrictions relating to the manufacturj:, acqulsi'iiom', , possbssion, salj:, transi'd 08 dellvdy of gold8 (1) - - - - e (2) a person-kestrlctiona reprcuaa aequiaitiod (4) may, subject to the provisions of section 16,-1x •• ion (i) acquire or agree to acquire the ownership, pouesaiod, and custody or control of, or ' = (ii) buy, accept or otherwise receive or agree to' buy, accept or otherwise receive, or (iii) sell, deliver, transfer or otherwise di~e o~, any ornament which is not required to be included in 11 declaration; (b) shall not,-(i) acquire or agree to acquire the ownership, po8hllion, custody or control of, or (ii) buy, accept or otherwise receive, or agree to buy,' accept, \ buy or otherwise receive, or (iii) sell, deliver, transfer or otherwise dispose dl; or agree to sell, deliver, transfer or otherwise dispose of, any ornament which is required to be included in a declutilod wlleaa luch ornament has been included in a declaration which has been duly made by the perscm who intends to ae1l, deliver, transfer bl' otherwise dispose of such ornament - - - - - 'clupnr'vi ,,~ - - - ri:mtas - (2) a licence issued under this secuon,-- - - - - (a) may contain such conditions, limitations and restrictions u tbe administrator may tbinlr fit to impose 6dd difterent conclitions, lljditauoill add reitrlctiona may' "be imposed for anrerent clusea of ,·"0 l" re~ers - - - - - ,:;)),(6) ,on recel~t of ~ a})ru~~od for the lssue~r renew~ of aucence udtier tbla aectlan the 'adinihjiti'ator 'may, lifter ttilldds'such jdqulry u any, as 'he may consider necessary, by order in mlting,either'1ssue orl renew the licence, or reject the application for the sauie: provided that no licence shall be issued or renewed under this section unless the administrator, having regard to the following matters, is satisfied that the licence should be issued or renewed, namely:-~ (a) the number of refineries existing in the region in which the applicant intends to carryon business as a refiner, (b) the anticipated demand, as estimated by him, for refining facilities in that region, i (c) the facilities existing in that region for the assay of gold by ~~ 'any method6ther than the toueh-stone method, , , (d) the turnover of the applicant, if he is already carrying on btibinwas a retln'er, durl:tlg two years bnmedtately ipreceding the date of application for the renewal of the licence, " (e) the suitability ami security ~f the premises where the applicant intends to carry on business as refiner, and the existence therein of arrangements for the storlge of gold before and after reftning, ;:; , (1), the existence or the probability of existence in the refinery or '\he' prophsed 'refinery, 'ils the case maybe,' of 'equ'ipment for the manufacture of standard gold bars and 'the ttuldity (mid' adequacy of : such equipment, (g) the competence of the,p~1fcint ·to"irtmt&'~ standard , ~ ,gon ban, (h) the ex'istence ot' jfaei'll ties 'in the: re1inery' !of)'tlle" exercise of ~ :~on"and mntral'by the administrator or any ·otber pe1'8on { ~~lri1t1icnisedby him in this '~al1, (i) the existence of any refinery established or run by government, - --_ u) the suitability af the aplslieant, (k) the' 'public m1etestj ~lid (1) such other matters as may be prescribed - - - - ~26 ~veryperson who refines or melis' ~ilver, inc1udirig itslf1l1oys'silvor shall-- - - - ' i'eftfter to keep record (c) sell such gold within a period of thirty days from the date of ,old of such declaration (jj: within such further period as, on sufficient recovered cause' being shown, may be allowetl by tlteadministrator, ,to a) li'cens- fro~ ed refiner or, if so authorised by the administrator, to a 1ieehsed ~~nina ,dealer chaptervn- - dealers •27 (1) - - licensing of dealers (3) " a licence' imred '1mder ihis section,- - - - - (d) may contain such conditions, liinitations and restrietions as the admftiisti'ator may think fit to impose and different conditions, limitations and restrictions 1nay be imposed for different· classes of dealers - - - - - (6) on receipt of an application for the issue or renewal of a licence uuder'-this section, the administrator may, aftermakidg suoh inquiry, if any, ashe may co'ilsider necessary, by order in writing; either issue or renew the' licence, or 'reject the application for the same: ,provi\ied that no licence shall be issued or renewed under this section unless the administrator, having regard to'the following matters, is satisfied tlmtthe licence should be issued or renewed, 'namely:-(a) the number of dealers existins in the region in which the applicant intends to carry on business as ,a dealer, (b) the anticipated demand, as estimated by him, for ornaments in that region, (c) the turnover of the applicant, if he had been carrying on business as a dealer prior to the commencement of part xiia of the defence of india rules, 1962, during thetwo years immediately pre ceding such commencement, or, in the case of an application for the renewal of a licence, the date of the application for such renewal, (d) the previous experience, if any, of the applicant with regard to the making, manufacturing, preparing, repairing or polishing of, ar dealing in, ornaments, (e) the suitability of the applicant, (f) the suitability of the premises where the applicant intends 'to earry on business as a dealer, (g) the public interest, and (h), such other matters as may be prescribed - - - - - acquiai- 31 save as otherwise provided in thia act, no licensed dealer shall buy tioll of or otherwise acquire or agree to buy or otherwise acquire or accept or :~~ by a otherwise receive or agree to accept or otherwise receive any artiele, or- er nament or primary gold from a person who is not a licensed dealer or refiner: provided that any such dealer may buy or otherwise acquire or accept or otherwise receive or agree to buy or otherwise acquire or accept or otherwise receive from a person who is not a licenaed dealer or refiner,- (i) any ornament which is not required to be included in a dec-laration or any ornament which, being required to be inclu\ied in a declaration, has been 80 included, - - - - - provided further that where any such dealer haa delivered any article, ornament or primary gold to his artisan or a certified goldsmith, for the purpose of making, manufacturing, preparing,repairing or polishing any ornament, he may, after such ornament has been made, manufacturetl, prepared, repaired or polished, take back such ornament from the brtilan or certified goldsmith, as the case may be i" posse38ion 32 save as otherwise provided in this act, no licensed dealer shall oflpdrimgo b ary either awn or have at any time in his possession, custody or control pd- ya licensed mary gold 10 any farm except m the form of standard gold bars: dealer provided that such dealer may, unleu the central government (havini regard to the needs of the trade, volume of business and pubuc interest) otherwise directs, own or keep in his possession, custody or control not more than-(a) four hundred grammes, if he tloes not employ any artisan, (b) five hundred grammes, if he employs not more then ten artisans, (c) one thousand grammes, if he employs more than ten but not not more than twenty artisans, (d) two thousand grammes, if he employs more than twenty artisans, - - of primary gold in any form other than in the form of standard gold bars - - - chapter viii - - certified goldsmiths •at (1) - - certified goldamitha - (2) the certificate referred to in sub-section (1)-- - - - (c) may contain such conditkms, limitations anti restrictions, as the administrator may think fit to impose and different conditioill, limitations end restrictionl may be imposed for different classes of certified goldsmiths - - - - - (4) on anti from the commencement of this act, the following classes of persons shall be eligible to apply for the grant of a certifioate, namely:-- - - - - (e) a person who belongs to a category or class to which, in the opinio'd of the administrator, the certificate may be granted in the public interest e:cplanation-a person who is engaged as a hired labourer by a certified goldsmith shall not be eligible to receive a certificate under this section - - - - - chapl'er ix- - - - - 48 the total quantity of primary gold in the possession, custody or ijmits on control, whether individually or collectively, of the artisans employed by primary a licensed dealer shell not, at any time, exceed the limits specified in gohl? h w ic an section 32 artiaan - - - - - ma)'have mhia p0888ision chapter x 'j cancellation and suspension ol" licences and cerlificateso of 1908 50 (1) the administrator may, if he has any reasonable cause to be- cancellalieve that the homer of any licence or certificate issued, renewed or con- tion or tinued under this act has made any statement in, or in relation to, any subpedsion application for ~e issue or renewal of a licence (jt for the issue of a cer- ~! = tiftcate under this act which is incorrect or false in material particulars cate or has contmvened any provisions of part xiia of the defence of india rules, 1962, the gold (control) ordinance, 1968, or of this act or any rule or order made thereunder or of any other law for the time being in force which prohibits, restricts or regulates the bringing into or taking out of india of any goods [inclutiing coins, currency (whether indian or foreign) and foreign exchange] or the carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing such goods or the making of any payment in relation to such goods,-(i) suspend sucn licence ar certificate, as the case may be, pending the completion of any inquiry or trial against the holder of such licence or certificate, as the case may be, f:c1r such contravention, or (ii) cancel such licence or certificate, as the case may be: provided that no such licence or certificate shall be suspended for a perioti exceeding ten days or cancelled unless the holder thereof has been gi~n a ~le o~rtunity of showing cause against the propoed action - - - - - chapter xv- - - - dealers, 88 (1) a aealer or refiner who knows or has reason to believe that any etc, provision ~ 1j1i~ act or any rule or order made thereunder has been, or ;:e:ed is ~iag, contravened, by any person employed by him in the course of to have such employment, shall be deemed to have abetted an offence against abetted an this act ' offence (2) whoever abets, or is deemed underswrsection (1) to havte abette'd, an offence against this act, shall be punished with imprisonment for a tenn which may extend to three years and shall also be lieb1e to fine - - - - chapl'er:x!vi miscel~vfj - , - - , precau 100 every licensed dealer f!r refiner or certified goldsmith shall, before tiot\l aeeepl!ng, buying or otherwise reeeiving any gold from any person, take to betaken all reasortable steps to satisfy himse-itas to the identity of such person :nsed and if, after an inquiry made by an otftcer buthorised in this behalf by dea1er~ the administrator, it is fuund toot such person is not either rea\:i11y traeecartifted able or is a fictitious pwson, it shall: be presumeq unless such dealer or goldsmith, refiner or certified goldsmith, as the case may be, establishes that he had ~~rihg taken all reasonable steps to sau,fy himse:lf &ii to the identity of such perany gold son, that such gold was bought, acquired, accepted or received by such licensed ~a1er ol" refiner or certified goldsmith, as the case may be, in contravention of the provisions of this act - - - - power to make ru,le& iu (1) - - (2) in particl,llar, and without prejud,ice to the foregohlg power, such rules may provide for all or any of the following matters, namely:-- - - - - • ·(i) regulating the use and ~onsujd,ptiqn of gold qy industrial users and other persons; tj) y otiier matter which is nqwredkj be, or 'may be, pnitrjribed - - - - a bill to amend the gold (control) act, [968 " (shri prakashchani b sethi, minister oj state in the ministry oj finance) | Parliament_bills | f7c99bd6-782b-567e-8ebd-6a152fbc7383 |
bill no 31 of 1990 "'~:a the code of criminal procedure (amendment) bill, 1990 a billfurther to amend the code oj criminal procedure, 1973 be it enacted by parliament in the forty-first year of the republic of india as follows:-1 (1) this act may be called the code of criminal procedure (amendment) act, 1990 5 (2) it shall be deemed to have come into force on the 19th day of february, 1990 short title and commence! ment ! in the code of criminal procedure, 1973 (hereinafte,r referred to as the code of criminal procedure), in chapter xii, after section 166, the following sections shall be inserted, namely:-insertion of 'new 8ections looa and l6se, )0 "166a (1) if, in the course of an investigation into an offence, the investigating ooicer or an office,r superior in rank to the investigating officer, has reason to believe that evidence may be available in a country or place outside india, he may issue a letter of request-15 (i) to the authority competent to investigate such offence in that country or place to examine orally any person· supposed to be acquainted with the facts and circumstances of'the case and to reduce into writing any statement made in the cour!e of such lctter of request to competent authority for inves tig:ltion in a country or place outside india examination and also to require such person or any other person to produce any document or thing whkh may be in his possession pertaining to the case; or (ii) to the authority competent to direct such an investigation in that country or place to cause it to be made in like 5 manner, and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the officer issuing such letter (2) notwithstanding anything contained in sub-section (1), if, 10 in the course of an investigation into an offence an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside india, any criminal court may issue a letter of request to a court or an authority in that country or place competent to exa- 15 mine orally any person supposed to be acquainted with the facts and circumstances of the case and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so tak~ or co\lected or the authenticated copies thereof or the thing 20 so collected to the court issuing such letter (3) the letter of request shall be transmitted in such manner as the central government may specify in this behalf (4) every statement recorded or document or thing received under sub-section (1) or sub-section (2) shall be deemed to be the 25 evidence collected during the course of b:lvesttgation 1lnder this chapter 166b (1) upon receipt of a letter of request u-om a cow-t or an authority in a country or place outside india competent to issue such letter in that country or place for the examination of any 30 person or production of any document or thing in relation to an offence under investigation in that country or place, the central government may, if it thinkc; fit-letter of request from a count'ry or place outside india to a court or an authority for investieation in india (i) forward the same to the chief metropolitan ma,is$rate or chief judicial magistrah~ or su('h metropolitan ~trate or 35 judicial magistrate as he may appoint in this behalf, who shall thereupon sdmmon the person before him and record his statement or cause the document or thing to be produced: or (~> send the letter to any police o~r for investiffltion who ajaall therei\pon investipte into tbe offence in the same 40 majuler, as if the offence had been committed within india (z) ajl the evidence taken or collected under sub-8t'ction (1) or iil~tn ~opies th~reof ofthe~( so ~llected • spall be farwardad by the magj$trate or police 'o~cer, as the case may be, to the 5 central government for transmirsion to the court or the authority issuing the letter of request, in such manner as the central government may deem fit"_ 3 (1) the code of criminal procedure (amendment) ordinance, hepcal 5 1990 is hereby repealed and ord 1 of 199()' sqvtne (2) notwithstanding such repeal anythin~ done or any action taken under the code of criminal procedure, as amended by the said ordinance, shall be deemed to have been done or taken under the code of criminal procedure as amended by this act statement of objects and reasonsthe investigating authorities in india were handicapped in collecting evidence, available in a foreign country or place in respect of a crime committed by a citizen of india outside the country, due to the absence of a specific provision in the code of criminal procedure 1973 hence an ordinance was promulgated on the 19th february, 1990 to amend the code for the purpose 2 a new section 166a had been inserted in the code to enable the investigating authorities and the criminal courts to issue letter of request to their counterparts in foreign countries to collect evidence and transmit the same to the authority or court issuing such letter every evidence so collected shall be deemed to be evidence collected during the course of investigation 3 having regard to the principle of reciprocity, another section namely section 166b had also been inserted in the code for facilitating letters of request to be sent by foreign investigating agencies or courts to their counterparts in india for similar purposes, 4 the bill seeks to replace the aforesaid ordinance new delln; mufti mohammed sa yeed the 6th march, 1990 ,~ " , billfurther to amend the code of criminal procedure, 1973 (shn mufti mohom",, s0tleed, minister of home ab"',) | Parliament_bills | 1d162e3d-4d1e-54c8-81db-e3ee19029df2 |
bill no 95 of 2010 the repatriation of prisoners (amendment) bill, 2010 a billto amend the repatriation of prisoners act, 2003be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 this act may be called the repatriation of prisoners (amendment) act, 2010short title statement of objects and reasonsthe repatriation of prisoners act, 2003 was enacted to provide for the transfer of certain prisoners from india to a country or place outside india and reception in india of certain prisoners from a country or place outside india the said act came into force on the 1st january, 20042 it is proposed to substitute the words "martial law" appearing in clause (c) of subsection (2) of section 5 of the aforesaid act with the words "military law", as the expression "martial law" is not relevant in the current indian context this expression occurred in the aforesaid act due to oversight at the time of passing of the bill in 2003, which needs to be corrected3 this bill seeks to achieve the above objectp chidambaramnew delhi;the 2nd august, 2010 annexureextract from the repatriation of prisoners act, 2003(49 of 2003) 5(1) consideration of request by central government(2) on receipt of the information under sub-section (1), if the central government is satisfied that— (c) the prisoner has not been convicted for an offence under the martial law; and lok sabha———— a billto amend the repatriation of prisoners act, 2003————(shri p chidambaram, minister of home affairs) | Parliament_bills | d1565ba5-4b8d-5bd1-a613-451260c01f80 |
the railway passenger fares bill, 1957(as introducbd in lok sabha) the railway passenger fares bill, 1957 (as introduced in lok sabba) a billto provide for the levy of a tax on railway fares be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the railway passenger fares act, 1957 short title 2 in this act, unless the context otherwise requires,-deftdldou s (a) 'fare' means the total amount of all charges of whatever nature payable by a passenger or gr9up of passengers, and includes-(i) haulage charges for supply of carriages of particular types; (ii) empty haulage charges on tourist cars and salood8; 10 (iii) charges for pilot engines; and (iv) charges for dining cars attached to special trains; but does not include-(i) the tax payable under this act; is (ii) terminal taxes, pilgrim taxes and tolls on bridges; (iii) reservation charges; and (iv) hire, detention and stabling charges in respect of pauenger traffic booked in reserved carriages and special trains; 20 (b) 'passenger' means any person travelling on a railway in any description or class of train or carriage on payment of his fare, whether at full rates or at concessional rates; (c) 'railway' and 'railway administration' have the meanings respectively assigned to them in the indian railways act, 1890 9 01' 1890 ltyj of ta 3 (1) subject to the provisions of this act, there shall be levied ~tenpr and collected on fares paid by passengers carried by any railway 5 in india, whether by itself or in conjunction with any other mode of transport or in conjunction with railways in any adjacent country, a tax at the rate specified in that behalf in the schedule (2) the tax levied under sulhection (1) shall be collected by the railway administration as an addition to the fares, and the railway 10 admjnistration shall have all the powers and remedies for the recovery thereof· as though the same were a rate or fare which the railway administration is empowered to levy under the indian railways act, 1890 9 of 1890 ruin for 4 in computing the tax payable under this act, the following is ~_ rules shall apply, namely:-iciiioi' fuel rule i-the tax leviable shall, wherever necessary, be rounded oft to the nearest naya paisa, fractions of half-a-naya patisa and over being counted as one, and less than half being disregarded rule 2-in the case of return tickets, the rate of tax shall be 20 based on the distance for a single journey rule 3-in the case of tickets issued from or to out-agencies or city booking oftlces, the tax shall be leviable only in respect of the fare at~ributable to the actual journey by railway rule 4-the amount of the tax for any distance shall, wherever 25 necessary, be so adjusted that the aggregate amount of the fare and tax for such distance is not less than the aggregate amount of the fare and tax for any lesser distance in any case power t c:scmpt 5 the central government may, by notification in the oftlcial gazette and for reasons to be specified therein, exempt, either in 30 whole or in part and either absolutely or subject to such conditions as it may specify, any passengers or class of passengers from the tax leviable under this act power to 8 (1) the central government may, by notification in the make rule ofticia1 gazette, make rules to carry out the purposes of this act 3s (2) in particular, and without prejudice to the generality of the foregoing power, rules so made may,-(a) i regulate the collection by or on behalf of the railway administratioll of the tax levied under this act, and provide for the authority to which, and the time and manner ill which, ~ the tax shall be paid; (b) prescribe the fonn of the returns to be submitted by any authority collecting the tax and the particulars to be 5 contained therein and the manner in which it is to be verified (3) in making any rules under this section, the central government may direct that a breach thereof shall be punishable with fine which may extend to one thousand rupees for each such breach | decription | of | traffic ||------------------------------------------------|-------|-----------------------|| rate | | || of | | || tgz | | || 1 | | || passengers travelling by railway for distances | | || up | | || to | | || 30 | | || miles (inclusive) | | || 5% | | || of | | || fare | | || 2 | | || passengers travelling by railway for distances | | || from | | || 31 | | || miles to | | || 500 | | || miles (inclusive) | | || 15% | | || of | | || fare | | || 3 | | || passengers travelling | by | railway for distances || over | | || 500 | | || miles | | || 10% | | || of | | || fare | | || 4: | | || pasaengers travelling on mileage coupons | | || 12,% | | || of the | | || cost | | || of | the | ceupodl || nil | | || 5 | | || passengers travelling on season tickets | | | statement of objects and reasonsthe object of this bill is to impose a tax on fares payable by passengers travelling by railway under article 269(1) of the constitution, the proceeds of the tax less the portion attributable to union territories shall be assigned to the states concerned the principles of such distribution will have to be formulated by parliament by law nzw dblhi; the 15th may 1917 t t krishnamachari memorandum regarding delegated legislationin the case of railways administered by companies, it is necessary to regulate the collection of taxes under this law by means of rules made by the central government the tax may also have to be collected by other authorities on behalf of the railways clause 6, therefore, authorises the central government to make rules providing for the regulation of the collection of taxes, the authority to which the taxes so collected may be paid, the form in which returns should be made and the like the rule-making power is of a normal character billto provide for the levy of a tax on railway fares the president has, in pursuance of clause (i) of article ii7 and clause (i) of article 274 of the constitution of india, recommended to lok sabha, the introduction of the bill m n kaul, s~cretary (shri t t krishnamachari, minister of finance) | Parliament_bills | bb1907f9-7ba7-5eee-87d7-0b6c705057a9 |
bill no lxxx of 2010 the destitute and neglected women (welfare) bill, 2010 a billto provide for the maintenance and welfare measures to be undertaken by the state forthe destitute, neglected, old, infirm or physically challenged widow, divorcee orunmarried women through establishment of an authority and formatters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the destitute and neglected women (welfare) 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 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 other cases, the central government;(b) "authority" means the destitute and neglected women welfare authority established under section 3;5(c) "destitute" in relation to a women who may be a widow, divorcee or unmarried means a women who has no relative or kinsmen to support her or who has no independent and adequate source of livelihood including the livelihood to her minor children dependent on her or any women stricken with infirmity owing to old age, physical deformity, ailment, mental imbalance and who lives uncared for;(d) "prescribed" means prescribed by rules made under this act; (e) "widow" means an adult female human being whose husband has died after her legal marriage103 (1) the central government shall, as soon as may be, by notification in the official gazette, establish the destitute and neglected women welfare authority for the purposes of this act;establishment of destitute and neglected women welfare authority(2) the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued;15(3) the headquarter of the authority shall be at chandigarh in the state of punjab and the authority shall establish its branches in all the states and union territories at such conspicuous places as may be prescribed; and20(4) the authority shall have a secretariat with such number of officers and employees, with such terms and conditions of service as may be necessary for the efficient functioning of the authority as may be prescribed(5) the authority shall consist of—(a) the minister of women and child development of the union council of ministers who shall be ex-offico chairperson of the board;25(b) a deputy-chairperson preferably a woman with such qualifications as may be prescribed to be appointed by the central government;(c) five women members of parliament of whom three shall be from the lok sabha and two from the rajya sabha to be nominated by the respective presiding officers of each house;30(d) three members representing the union ministry of human resource development and social justice and empowerment to be appointed by the central government;(e) not more than five members to be appointed by the central government in consultation with the governments of states, by rotation in alphabetical order, to represent the governments of the states; and35(f) four members to be appointed by central government from amongst the non-governmental organizations working for destitute women or neglected womenfunctions of the authority4 (1) it shall be the duty of the authority to promote by such measures, as it thinks fit or appropriate, welfare measures for destitute or neglected women or widows of the country40(2) without prejudice to the generality of the provisions of sub-section (1) the authority shall,—(a) maintain district-wise register of destitute or neglected women or widows who are in need of assistance from the authority with such details and in such manner as may be prescribed;45(b) work out plans and formulate schemes for the welfare of destitute or neglected women or widows covered under this act;(c) give wide publicity through the electronic and print media about the welfare measures being undertaken by the authority; and(d) perform such other functions not inconsistend with the provisions of this act, as may be assigned to it by the appropriate government from time to time 5 the appropriate government shall, on the recommendation of the authority, provide the women covered under this act, the following facilities, namely:—facilities to be provided by appropriate government5(a) monthly allowance of two thousand five rupees, if the woman is having anydependent children and rupees one thousand five hundred in case she has no dependent child as subsistence allowance;(b) free medical aid and legal aid; (c) free education including technical education to dependent children;10(d) free residential accommodation wherever necessary; (e) gainful employment after imparting vocational education; and (f) such other facilities, as may be necessary, for her rehabilitation, properdevelopment, and for maintaining a respectable life in the society:15provided that if any woman covered under this act either gets gainful employment orremarries, all the facilities provided to her and to her dependent in accordance with the provisions of this act, shall be withdrawn from the date of the gainful employment or remarriage, as the case may be206 the central government shall provide adequate funds to the authority, after dueappropriation made by parliament by law in this behalf, from time to time for carrying out the purposes of this actcentral government to provide funds act to have over-riding effect7 the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to women covered under this act25power to make rules8 the central government may, be notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsin our country, a large number of women particularly those belonging to lower and middle income groups of the society become destitute after the death of their husbands divorced women or unmarried women too are either neglected by their families or have no means to support them in many cases, the widows are thrown out of the households many of them work as housemaids for their survival and to support their children but even this is not possible for the infirm, old, physically or mentally challenged women and so they lead a miserable life and very often subsist on alms, which they get from begging sometimes they are forced into flesh trade and become sex workers to avoid starvation, which makes their lives disgraceful the position of destitute women is more dreadful in rural areas, as being illiterate, they subjected to exploitation it is expedient to stop the exploitation of the destitute, neglected women or widows in a welfare state like india and provide financial assistance and other essential facilities to such women so that they live honourably in the society for this reason, a destitute and neglected women welfare authority should be set up to ensure that the conditons of destitute, neglected women or widows should not become so miserable as may enable the unscrupulous elements of the society to exploit the situationhence this billavtar singh karimpuri financial memorandumclause 3 of the bill provides for the establishment of the destitute and neglected women welfare authority clause 5 provides for certain facilities to the destitute and neglected women clause 6 lays down that central government shall provide requisite funds the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore may involve as recurring expenditure per annum non recurring expenditure to the tune of one hundred crore may also involve 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 only the delegation of legislative power is of normal character———— a billto provide for the maintenance and welfare measures to be undertaken by the state for the destitute, neglected, old, infirm or physically challenged widow, divorcee or unmarried women through establishment of an authority and for matters connected therewith or incidental thereto————(shri avtar singh karimpuri, mp)gmgipmrnd—6690rs(s3)—28022011 | Parliament_bills | 258af52d-fc2c-56e9-8123-5b98c96a1d82 |
bill no iv of 2008 the public financial institutions (conversion of loans to companies into equity share capital) bill, 2008 a billto provide for conversion of the entire loan amount given by the public financial institutions to the companies into equity share capital to give powers to the financial institutions to exercise control over the companies taking loan from them and matters connected therewithbe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the public financial institutions (conversion of loansto companies into equity share capital) act, 2008(2) it shall come into force at once5definitions2 in this act, unless the context otherwise requires,—(b) "public financial institutions" means the financial institutions specified in section 4a of the companies act, 19561 of 195653 notwithstanding anything contained in the companies act or in any other law for the time being in force, the entire amount of loan given by any public financial institution to any company shall be deemed to have been converted into equity share capital of the company if the loan so advanced exceeds fifty per cent of the total equity capital of the companyconversion of loan amount of companies into equity share capital in certain cases savings4 the provisions of this act shall be in addition to and not in derogation of the provisions of the companies act, 1956 statement of objects and reasonsin our country almost all the companies, big or small, mainly exist on loans taken from the public financial institutions such as the industrial credit and investment corporation of india, industrial finance corporation of india, industrial development bank of india, life insurance corporation of india and unit trust of india apart from taking loans from the public financial institutions the companies particularly owned by big industrial houses take huge loans from the banking sector also in most of the cases the loan amount exceeds more than fifty per cent of the total capital of the companies thus the moneys are de facto invested in such companies by the public financial institutions and banks but all the benefits derived therefrom accrue to the owners of these companies and industrial houses as a result, the industrialists and business houses in our country are prospering on the money of public financial institutions and banks it has also been the practice with the industrial sector that after taking huge loans the companies do not bother to return the money and the interest accrued thereon and often resort to creating legal hurdles deliberately in the recovery process initiated by such public financial institutions as a result, huge public funds are lying blocked with the companies in the private sector sometimes it happens with the connivance of the greedy elements in the public financial institutions but in most of the cases the companies default deliberately it has also been noticed that after taking, loans the companies declare themselves sick and force the government to take them over and the government has to write-off the loans and also pay compensation to the owners of the companies such cases are clear instances of frauds committed by the owners of the companies but, unfortunately, these frauds are legalised in one way or the otherif it is made mandatory that where the loan amount is more than 50 per cent of the total equity capital of company, the entire loan should be converted into equity share capital of the company held by the public financial institution advancing the loan to the company so that the institution can have a strong say in the affairs of the company for taking due care of the repayment of loans with interest in the national interest moreover, in such circumstances, the owners will also not be in position to cripple the company deliberately and declare it sick it will put a check on the financial management of the companythis bill seeks to achieve the above objectss s ahluwalia———— a billto provide for conversion of the entire loan amount given by the public financial institutionsto the companies into equity share capital to give powers to the financial institutions to exercise control over the companies taking loan from them and matters connected therewith————(shri s s ahluwalia, mp)gmgipmrnd—4739rs(s-5)—29-12-2008 | Parliament_bills | 7ef735c8-da80-5abc-b55a-2e431d95df1b |
bill no 95 of 2014 the repealing and amending bill, 2014 a billto repeal certain enactments and to amend certain other enactmentsbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the repealing and amending act, 2014 2 the enactments specified in the first schedule are hereby repealed to the extent mentioned in the fourth column thereof53 the enactments specified in the second schedule are hereby amended to the extentand the manner mentioned in the fourth column thereofrepeal of certain enactmentsamendment of certain enactments savings4 the repeal by this act of any enactment shall not affect any act in which such enactment has been applied, incorporated or referred to;5and this act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;10nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;nor shall the repeal by this act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force the first schedule (see section 2)15 repeals| year | no | short title | extent of repeal ||-----------------------------------------|-------|-------------------------------------------------------------------------|--------------------|| 1897 | 4 | the indian fisheries act, 1897 | the whole || 1947 | 47 | the foreign jurisdiction act, 1947 | the whole || 20 | | | || 1978 | 49 | the sugar undertakings (taking over of management) | the whole || act, 1978 | | | || 1993 | 46 | the employment of manual scavengers and construction | the whole || of dry latrines (prohibition) act, 1993 | | | || 1999 | 30 | the representation of the people (amendment) act, 1999 | the whole || 25 | | | || 1999 | 33 | the indian majority (amendment) act, 1999 | the whole || 1999 | 34 | the administrators-general (amendment) act, 1999 | the whole || 1999 | 36 | the notaries (amendment) act, 1999 | the whole || 1999 | 39 | the marriage laws (amendment) act, 1999 | the whole || 2001 | 30 | the repealing and amending act, 2001 | the whole || 30 | | | || 2001 | 49 | the mariage laws (amendment) act, 2001 | the whole || 2001 | 51 | the indian divorce (amendment) act, 2001 | the whole || 2002 | 26 | the indian succession (amendment) act, 2002 | the whole || 2002 | 37 | the legal services authorities (amendment ) act, 2002 | the whole || 2002 | 72 | the representation of the people (third amendment) act, 2002 the whole | || 35 | | | || 2003 | 3 | the transfer of property (amendment) act, 2002 | the whole || 2003 | 4 | the indian evidence (amendment) act, 2002 | the whole || 2003 | 6 | the representation of the people (second amendment) | the whole || act, 2002 | | | || 2003 | 9 | the representation of the people (amendment) act, 2002 | the whole || 40 | | | || 2003 | 24 | the election laws (amendment) act, 2003 | the whole || 2003 | 40 | the representation of the people (amendment) | the whole || act, 2003 | | | || year | no | short title | extent of repeal ||---------------------|-------|---------------------------------------------------------------------|--------------------|| 2003 | 46 | the election and other related laws (amendment) | the whole || act, 2003 | | | || 2003 | 50 | the marriage laws (amendment) act, 2003 | the whole || 5 | | | || 2004 | 2 | the representation of the people (second amendment) | the whole || act, 2003 | | | || 2004 | 3 | the delimitation (amendment) act, 2003 | the whole || 2005 | 4 | the delegated legislation provisions (amendment) | the whole || act, 2004 | | | || 2005 | 39 | the hindu succession (amendment) act, 2005 | the whole || 10 | | | || 2006 | 31 | the parliament (prevention of disqualification) | the whole || amendment act, 2006 | | | || 2008 | 9 | the delimitation (amendment) act, 2008 | the whole || 2008 | 10 | the representation of the people (amendment) act, 2008 | the whole || 15 | | | || 2009 | 41 | the representation of the people (amendment) act, 2009 | the whole || 2010 | 30 | the personal laws (amendment) act, 2010 | the whole || 2010 | 36 | the representation of the people (amendment) act, 2010 the whole | || 2012 | 29 | the anand marriage (amendment) act, 2012 | the whole || 2012 | 33 | the administrators-general (amendment) act, 2012 | the whole || 20 | | | || 2013 | 28 | the parliament (prevention of disqualification) | the whole || amendment act, 2013 | | | | the second schedule (see section 3) amendments25yearnoshort titleamendments201325the prohibition of employment as manualin the proviso to sub-section (3) ofscavengers and their rehabilitation act,section 1, for the words "the2013notification", the words "the saidnotification" shall be substituted30201417the whistle blowers protection act, 2011(a) in the enacting formula, forthe words "sixty-second year", the words "sixty-fifth year" shall be substituted; and35(b) in sub-section (1) of section 1,for the figures "2011", the figures"2014" shall be substituted statement of objects and reasonsthis bill is one of those periodical measures by which enactments which have ceased to be in force or have become obsolete or the retention whereof as separate acts is unnessary are repealed or by which the formal defects detected in enactments are corrected2 the notes which follow explain the reasons for the amendments suggested in such of those items of the bill in respect whereof some detailed explanation is necessary3 clause 4 of the bill contains a precautionary provision which it is usual to include in the bill of this kindnew delhi;ravi shankar prasadthe 6th august, 2014 notes on the second schedule1 the prohibition of employment as manual scavengers and their rehabilitation act,2013—the amendment proposed to the act seeks to rectify the mistake that had inadvertently crept in at the time of enactment of the act2 the whistle blowers protection act, 2011 - the amendments proposed to the act seek to rectify patent errors annexureextract from the prohibition of employment as manual scavengers and theirrehabilitation act, 2013(25 of 2013) chapter i preliminary1(1) short title, extent and commencementprovided that the date so notified shall not be earlier than sixty days after the date of publication of the notification in the official gazette extracts from the whistle blowers protection act, 2011(17 of 2011) be it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the whistle blowers protection act, 2011short title, extent and commencement lok sabha———— a billto repeal certain enactments and to amend certain other enactments————gmgipmrnd—2064ls(s-3)—06-08-2014 | Parliament_bills | 41491914-e304-5527-bfb4-a4b3e1721502 |
financial memorandum; clause 3 of the bill provides for formulation of a crop insurance scheme clause 5, provides that the premium in respect of crop insurance shall be borne by the central - 4 government and the state governments clause 6 provides that it shall be duty ofthe central _ government to pay the farmers the insurance amount due to loss of crops clause 7 provides for constitution of an expert committee to make assessment of the loss suffered by the farmers clause 8 provides for supply of all essential commodities to farmers for their daily heeds free of cost till they are paid the insurance amount fhe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india the state governments will also incur expenditure from their respective consolidated funds in respect of payment of premium of crop insurance and procurement of excess crop production it is likely to involve an annual recurring expenditure of about rupees five hundred crore from the consolidated fund of india ; ~n a non-recurring expenditure of about rupees fifty crore is also likely to be involved, memorandum regarding delegated legislat ionclause 11 of the bill empowers the central government to make rules for carrying out he purposes of the bill as the matters will, relate to detail-only, the delegation of legislative ower is of anormal character | Parliament_bills | 11a181ba-ecb9-5592-9c0d-bb9188012aa6 |
bill no 49 of 2015 the palliative care (education and training) bill, 2015 byshri om prakash yadav, mp a billto provide for recognition of palliative care as an integral part of health care system of the country; education and training in palliative care in medical colleges and institutions;treatment facilities in hospitals and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the palliative care (education and training) act, 2015(2) it shall come into force on such date, not being later than three months from the date of assent, as the central government may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,—definitions5(a) "palliative care" means care given with the intention of improving the qualityof life of persons with a terminal illness by—(i) treatment which controls and relieves pain, distress, discomfort or othersymptoms caused by, related to or coincidental with terminal illness; and(ii) psychological, social and spiritual help and support;(b) "prescribed" means prescribed by rules made under this act; and (c) "terminal illness" means an illness, disease or condition which,—(i) is inevitably progressive and fatal, and (ii) cannot be reversed by treatment53 (1) on and from the date of commencement of this act, the central government shall take all necessary steps to recognize palliative care as an integral part of the health care systemcentral government to recognize palliative care10(2) for the purposes of sub-section (1), the central government may direct the indian medical council to take such steps, as may be necessary, for comprehensive study in palliative care and to make palliative care an integral part of health care system and medical education in the countryformulation of a policy for palliative care4 the central government, in consultation with the state governments, shall formulate a policy for palliative care with a view to create awareness about palliative care and to encourage the non-governmental organizations working in the field of palliative care15 5 every medical college or institution imparting medical education or training shall, within a period of two years from the date of commencement of this act, provide teaching and training of palliative care in such manner as may be prescribedmedical colleges to impart teaching and training in palliative care hospitals to provide palliative care6 (1) every medical institution or hospital established and run by the central government or a union territory administration shall, within a period of two years from the date of commencement of this act, provide palliative care to persons with terminal illness20(2) the state governments shall be informed of the palliative care to be provided to persons with terminal illness in hospitals under clause (1) so that they may also provide for it in the hospitals being run by thempower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act2530(2) every rule made under this 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 reasonspalliative care which is aimed at reducing or relieving the pain suffered by the terminally ill patients is not recognized or considered in india as an integral part of our medical system the palliative care coverage at national level is less than three percent while in the state of kerala it varies between thirty to seventy percent in various districts the state has also formulated a policy on palliative care in a modern society, it is necessary that this system finds its place as an integral part of our medical system with facilities to teach and train the people it is also necessary that the medical colleges provide facilities for teaching and training in palliative carepalliative care is a combination of medical treatment with humane attitude, friendly environment, love and affection for patients who are terminally ill with no possibility of cure such patients could be provided with conditions where they could be relieved of pain if all these are put together, such patients would at least be able to live their last days peacefullya civilized society is expected to have this attitude towards those persons who are afflicted by diseases which have no cure to provide succour to such persons, it is necessary that the government should recognize palliative care as an integral part of our health care systemthe bill aims at creating educational and training facilities and institutional mechanism to give a push to palliative care with the provision of assistance to the non-governmental organizations working at grass root level with the help of government institutionsthe bill seeks to achieve these objectivesnew delhi;om prakash yadavfebruary 9, 2015 financial memorandumclause 5 of the bill provides that every medical college or any other institution imparting medical education or training shall provide teaching and training of palliative care clause 6 provides that every hospital or nursing home under the central government or the union territory administration shall provide palliative care for terminally ill persons while the expenditure relating to medical institutions under state governments will be met out of the consolidated funds of the respective states, the expenditure relating to medical institutions under the union territory administration and the central government, shall be met out of the consolidated fund of india the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a non-recurring expenditure of rupees one hundred crore will be involveda recurring expenditure of rupees five crore is also likely to be incurred memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for recognition of palliative care as an integral part of health care system of thecountry; education and training in palliative care in medical colleges and institutions;treatment facilities in hospitals and for matters connected therewith————(shri om prakash yadav, mp) | Parliament_bills | 956dd41c-b2d2-5dd6-a318-db8b20c58b7e |
bill no 6 of 2015 the high court of madhya pradesh (establishment of a permanent bench at bhopal) bill, 2015 byshri alok sanjar, mpa billto provide for establishment of a permanent bench of the high court at bhopalbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 (1) this act may be called the high court of madhya pradesh (establishment of a permanent bench at bhopal) act, 2015establishment of a permanent bench of high court of madhya pradesh at bhopal statement of objects and reasonsbhopal is the capital of madhya pradesh however, the high court of the state is located at jabalpur madhya pradesh being a vast state, people face a lot of inconvenience to travel long distances to reach the high court to pursue their cases this is time consuming and also expensive there has been a long pending demand from the people of the state for establishing a bench of the high court at the capital of the stateif a bench of the hight court is established at bhopal, it would greatly help the people belonging to bhopal, raisen, rajgarh, sehore, vidisha, betul, harda and hoshangabad districts to effectively pursue their caseshence this billnew delhi;alok sanjardecember 2, 2014———— a billto provide for the establishment of a permanent bench of the high court at bhopal————(shri alok sanjar, mp)gmgipmrnd—4163ls(s3)—05-02-2015 | Parliament_bills | d531516a-9235-57f8-ae0e-073acbb21a8c |
assembly ofa state and the legislative assembly of the national capital 'territory of delhi shall cease to have effect on the expiration of a period of fifteen years from the commencement of the constitution (one hundred and eighth amendment) act, 2008: provided that nothing in this article shall affect any representation in the house of the people, the legislative assembly of a state or the legislative assembly of the national capital territory of delhi until the dissolution of the then exiting house, legislative assembly ofa state or the legislative assembly of the national capital territory of delhi, as the case may be" 8, the amendments made to the constitution by the constitution (one hundred and eighth amendment) act, 2008 shall not affect any representation in the house of the people, the legislative assembly of a state or the legislative assembly of the national capital territory of delhi until the dissolution of the house, the legislative assembly of state or the legislative assembly of the national capital territory of delhi, as the case may be, in existence at the commencement of the said act 'amendment not to affect ation in the howse of the people 'or legislative assembly of a state or llegistaive 'assembly of the national caps teititory of delhi 'the issue of empowerment of women has been raised in different fora in the country from time to time, political empowerment of women is rightly perceived as a powerful and indispensable tool for eliminating gender inequality and discrimination the government in its national common minimum programme has stated that it will take lead to introduce legislation for one-third reservation of seats for women in vidhan sabhas and in the lok sabha the aforesaid idea followed by debate amongst the political parties and in intellectuals has paved way in getting the insight in the matter 2 asa first step to achieve the aforesaid objective, reservation for 'women in panchayats and municipalities was provided by insertion of articles 243d and 2431 in the constitution vide the constitution (seventy-third amendment) act, 1992 and the constitution (seventy-fourth amendment) act, 1992, respectively, the next step towards this direction was the introduction of the constitution (eighty-first amendment) bill, 1996 in the eleventh lok sabha on 12th september, 1996 which sought to reserve not less than one-third of total number of seats filled by direct election in the house of the people and in the legislative assemblies of the states for women the said bill was referred to the joint committee of parliament which further strengthened some of the provisions of the bill by extending the provision of reservation for women even in those cases where number of seats was less than three in a state ora union territory the constitution (eighty-first amendment) bill, 1996, as reported by the joint committee, however, lapsed with the dissolution of the eleventh lok sabha, 3 again attempt was made to provide reservation for women in lok sabha and the state assemblies and in the legislative assembly of the national capital territory of dethi for a period of fifteen years from the 'commencement of the proposed enactment, by introducing the constitution (eighty-fourth amendment) bill, 1998 in lok sabha on 14th december, 1998 'the said bill lapsed on the dissolution of the twelfth lok sabha yet, another attempt was made by introducing the constitution (eighty-fifth amendment) bill, 1999 in lok sabha on 23rd december, 1999 but this bill also had not been pursued due to lack of consensus amongst the political parties 4, the government has decided to reintroduce a bill on the lines of the aforesaid bills seeking to provide for reservation for women in the house of the people and in the legislative assemblies of the states this is in fulfillment of the people's mandate 5 the bill seeks to achieve the aforesaid objectives new detut; the sth may, 2008 extracts from the constitution of india'special 239aa = e bs ae : ' a ; to dain (8) the total number of seats in the legislative assembly, the number of, seats reserved for scheduled castes, the division of the national capital territory into territorial constituencies (including the basis for such division) and all other 'matters relating to the functioning of the legislative assembly shall be regulated by law made by parliament | Parliament_bills | ac1c7377-58a0-599a-aa65-fc3f9d460571 |
bill no ix of 2006 the farmers (protection from natural calamities and other welfare measures) bill, 2006 a billto provide for the protection of farmers who are frequently affected by natural calamities and lose their crops, livestock, dwelling units, household items and foodgrains due to such calamities by paying them adequate compensation and for welfare measures such as old age pension, removal of indebtedness, remunerative prices for their produce to be undertaken by the state 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 farmers (protection from natural calamities and other welfare measures) act, 2006short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government of that state and in other cases the central government;(b) "farmer" means a person who owns land or cultivates land for agricultural or horticultural purpose and includes the spouse of such a farmer;(c) "fund" means the farmers welfare fund established under section 5; (d) "natural calamity" includes drought, floods, cyclones, tsunami, earthquakes, hailstorms, extreme cold conditions, and such other conditions as may be notified by the appropriate government from time to time;(e) "old age" means where the farmer has attained the age of sixty years or more;(f) "prescribed" means prescribed by rules made under this act;compensation to farmers affected by natural calamity(g) "scheme" means the farmers credit scheme framed under section 83 (1) notwithstanding anything contained in any other law for the time being in force, every farmer who has been affected by natural calamity by losing his crop, livestock, movable or immovable property shall be entitled to and shall be paid adequate compensation by the appropriate government in accordance with the provisions of this act(2) the amount of compensation, payable to a farmer affected by natural calamity shall be such as may be specified by the central government from time to time, by notification in the official gazette and while specifying the compensation, the total loss suffered by a farmer due to the natural calamity shall be taken into account(3) every claimant for payment of compensation under this act shall apply to the officer so appointed by the appropriate government for the purpose in prescribed form giving such relevant information as may be prescribed:provided that a village panchayat may apply for compensation for all the affected farmers of the village and it shall be deemed that each farmer has applied for the compensation under this act(4) every claim for compensation under this act shall be finalized and the payment made within thirty days of filing of the claim(5) the appropriate government shall provide quality seeds, manure, fertilizers, etc to every farmer who lost his crop due to natural calamity for restarting the agricultural operationsspecial provisions with regard to loans4 (1) notwithstanding anything contained in any other law for the time being in force, it shall be mandatory for all the public, private and co-operative sector banks and financial institutions to provide loans on easy terms with nominal or without interest to the farmers affected by natural calamity to restart the agricultural operations and allied activities and to withstand the severity of the calamity and its aftermath(2) the banks and financial institutions referred to in sub-section (1) shall also not recover the earlier loan given to the farmers by them who have been affected by natural calamity for at least one year after the calamity and the farmers shall not be denied fresh loans on this ground5 (1) the central government shall, as soon as may be, by notification in the official gazette establish the farmers welfare fund for the purposes of this act(2) the initial corpus of the fund established under sub-section (1) shall be five thousand crore rupees of which four thousand crore rupees shall be provided by the central government, after due appropriation made by parliament in this behalf and one thousand crore rupees shall be provided by the state governments in proportion to their farmers population relevant for the purposes of this act(3) after the initial constitution of the fund, moneys shall be provided to the fund by the central and state governments in such proportions and in such manner as may be prescribed from time to time(4) the fund shall also consist of moneys received from general public, body corporates, financial institutions, domestic and foreign, as donations, gifts, etc(5) the fund shall be utilized for the welfare of farmers in such manner as may be prescribed6 (1) the appropriate government shall take such appropriate measures as it may deem necessary and expedient for the removal of indebtedness amongst the farmers and in particular shall endeavour to save them from the local moneylenders who exploit the farmersremoval of indebtedness amongst the farmers(2) for the purposes of sub-section (1) the appropriate government shall, endeavour to give remunerative prices and provide compulsory insurance for the produce of the farmersold age pension to farmers7 (1) the appropriate government shall, on an application made in the prescribed form, pay old age pension to every old farmer which shall not be less than one thousand rupees per month from the date of commencement of this act:provided that the old age pension shall be subject to revision on the basis of prevailing price index(2) the old age pension payable under sub-section (1) shall be paid to the farmers by the appropriate government in such manner as may be prescribed(3) any farmer who is in receipt of any pension from the appropriate government other than the one under this act or is having adequate source of income shall forfeit his right to claim old age pension under this actfarmers credit scheme8 (1) the central government shall in consultation with the government of the states, frame a scheme to be known as the "farmers credit scheme" to be executed by banks and financial institutions(2) the scheme shall provide for,—(a) the terms and conditions for extending credit to farmers; (b) the extent to which the credit can be given and settling of previous loans taken, if any;(c) the nominal interest that may be charged on farmers credit; (d) the concessions which are to be given in respect of the credit in case of natural calamity;(e) such other things which the central government may deem necessary for the purposes of this act (3) the central government shall issue such guidelines to the banks and financial institutions as it may deem necessary for carrying out the purposes of this act9 the central government shall, after due appropriation made by law by parliament in this behalf, provide the adequate funds at the disposal of the states for carrying out the purposes of this actcentral government to provide requisite funds act to supplement other laws10 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 any part of the country dealing with the welfare of farmerspower to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsours is a vast country and so is the number of farmers which is in crores and they constitute nearly seventy per cent of our total population due to its vastness, natural calamities do occur in one part or the other almost round the year for instance, the whole of rajasthan, parts of gujarat, maharashtra, bihar, uttar pradesh, jharkhand, madhya pradesh, chhattisgarh, etc are drought prone every year half of bihar is flooded and the other, half faces drought similarly, in southern states, coastal areas the lashed with cyclones or even by tsunami whereas other parts face drought conditions many parts of the country face earthquake, hailstorm, cloud bursts, extreme cold conditions and other natural calamities farmers mostly bear the brunt of such natural calamities they lose their crops, livestock and many a time their dwelling units and household items including foodgrains despite this, the farmers are hounded by the moneylenders to get back their money taken by the farmers hoping to repay after reaping the good harvest but natural calamity dashes their hopes and with this, many of them end their lives thousands of farmers have committed suicide in recent years in andhra pradesh, maharashtra, punjab, uttar pradesh, madhya pradesh, tamil nadu, karnataka, etcit is a pity that our farming community is under indebtedness and it is a chronic and continuing problem for them which has to be removed through consistent efforts due to increase in life expectancy, the number of old farmers is increasing very fast and most of them are not supported by their children due to various reasons compelling them to lead a miserable lifesince ours is a welfare state, the government is duty bound to provide social security to the farmers by giving them old age pension, remunerative prices and come to their rescue at times of distress by giving them adequate compensation if they are affected by natural calamity and by taking other welfare measureshence this billsantosh bagrodia financial memorandumclause 3 of the bill provides for the compensation to farmers affected by natural calamity clause 5 establishes farmers welfare fund clause 7 provides for old age pension to farmers and clause 9 provides that central government shall provide requisite and adequate funds to states 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 five thousand crore may involve as recurring expenditure per annuma non-recurring expenditure to the tune of rupees five hundred crore may also involve memorandum regarding delegated legislationclause 11 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character rajya sabha———— a billto provide for the protection of farmers who are frequently affected by natural calamitiesand lose their crops, livestock, dwelling units, household items and foodgrains due to such calamities by paying them adequate compensation and for welfare measures such as old age pension, removal of indebtedness, remunerative prices for their produce to be undertaken by the state and for matters connected therewith and incidental thereto————(shri santosh bagrodia,, mp)mgipmrnd—1760rs(s-4)—28022006 | Parliament_bills | b0838fc6-d100-5287-b154-b0e4ede2e332 |
c01rigenda to the ad r01-·ri cltion (no5) bill, 1969 (to bel/as introduced in lok sabha )1 pnge 3, line 24,-for "charged" read "cha:1ged-1t 2 page 3, line 29, column 2, against vote no 125,-for "m try" read "minis trylt 3 in the docket page,-for it amount spentrt read -ii amounts spent" ···· lllf'~r dru;tt - ~, • ~'\" ~,~ - • '\ • , ;~:;:io~ ,:: •• ,c;",' :;;; ~~ ""'" " the appropriation (no5) bill, 1969 a billto provide for the authorisation of appropriation of moneys out of the t:onsoliaated fund of india to meet the amounts spent on certain services during the fi:nancial year ended on the 31st day oj march, 1968, in excess of the amounts granted jor those services and for that year be it enacted by parliament in the twentieth year of the republic of india as follows:-1 this act may be called the appropriation (no5) act, 1969 short title 2 from and out of the consolidated fund of india, the sums specified s in column 3 of the schedule amounting in the aggregate to the sum of twenty-six crores, five lakhs, sixty-nine thousand, nine hundred and sixty-one rupees shall be deemed to have been authorised to be paid and applied to meet the amount spent for defraying the charges in respect of the services specified in column 2 of the schedule during the 10 financial year ended on the 31st day of march, 1968, in excess of the amounts granted for those services and for that year iasue of rs26,05, 69,961 out of the con-solidated fund of india to meet cer-tain exce expendi ture tor the year ended on the 31st march, 1968 appro-priation 3 the sums deemed to have been authorised to be paid and applied from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 1968 appro-priation 3 the sums deemed to have been authorised to be paid and applied from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 1968 1 2 3 no, bxciiti of 5 vote i services and purposes voted charged ponion ponion total ri ri ri ministry of commerce 99,592 i 99,'92 jo 4 ministry of defence 18,448 i 18,448 5 defence services -effective-army 18,85,is,"0 i 18,8515570 8 defence service_non-effectin 75,030436 7503436 21 stamps 14,04,444 1404444 pensions and other retirement benefits 21,26,534 2126,534 2615 38 ministry of health and family planning \ 7,973 7913 1 49 delhi - " ~,j8106 238•106 i 51 andaman and nicobar bland 64,,0,698 64,0,698 52 tribal areas 93,75,374 9375374 60 ministry of informatioll and broadcasting 3~ 50414 20 7 i i ministry of law ~: 92,584 92,,84 83 roads 13800433 1380,433 95 i posta and telegraphs-working expenen 1,24,24596 124>24,,96 100 department of parliamentary main 2,052 ,0,2 charged '}tajf, hou~ehold and auowances 25 of the president i j) 8059 13,18,710 ii7 (ommuted vafue ofpensiod' ) 13,18,710 i 120 loans and advances by the central government , 41,01~43 1041,08,243 i25 other capital outlay of the m try of home affairs - 7,19,365 719365 30 128 cattal outlay on multi -purpose river cl:icjdel - - - 47,4',33° 47045330 total 2362,15ss3 z"jj4"ob 26,0,,69961 statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india read with ai'ticle 115 thereof to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure ineurred in excess of the appropriations charged on the fund and the granta made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 3llt day of march, 1968 p c sethi president's recommendation under article 117 of the constitution of india[copy of letter no f5(1)-bi69, dated the 18th november, 1969 from sbri prakashchand b sethi, minister of state in the ministry of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to me~t the amounts spent on certain services during the financial year ended on the 31st day of march, 1968, in excess of the amounts granted for the said services and for that year recommends under clauses (1) and (3) of article 117 of the constitution read with sub-clause (2) of article 115 thereof, the introduction of the appropriation (no5) bill, 1969, in the lok sabha and also recommends to the lok sabha the consideration of the bill a billto provide for the authorisation of appropriation of moneys out of the qmsolidated fund of india to meet the amount spent on certain services during the financial year ended on the 31st day of march, 1968, in excess of the 8dlo1mts granted for those services and for that year (shri praitlswfiiiil b sithi, minuter of state it tile mitristry of p;"~) | Parliament_bills | 537b0ac8-e6bb-5c00-8bf2-69294dd2f8a8 |
bill no 129 of 2014 the private schools (regulation) bill, 2014 by shri sunil kumar singh, mp a billto regulate the functioning of private schools and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the private schools (regulation) act, 2014(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "appointed day" means the date of commencement of this act; (b) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(c) "authority" means the private schools education authority constituted by the appropriate government under section 3;5(d) "prescribed" means prescribed by rules made under this act; and (e) "private school" means an unaided school, whether recognized or not, which is not run by the appropriate government, or its local authority or any other authority designated or sponsored by appropriate government and includes a pre-primary, primary, middle, higher secondary and senior secondary school and also other institutions which impart education or training below the degree level but does not include an institute which imparts technical education103 (1) with effect from the appointed day, the appropriate government shall, by notification in the official gazette, constitute an authority to be known as the private schools education authority to regulate within its territorial jurisdiction, the functioning of private schools and conditions of service of teachers working in such schoolsconstitution of private schoolseducation authority(2) the authority shall consist of,—15(a) a chairperson to be appointed by the appropriate government; and (b) a maximum of twelve members to be appointed by the appropriate government:provided that the number of members shall, in no case, be less than six20(3) the chairperson and other members referred to in sub-section (2) shall be chosen from amongst the persons who have special knowledge and at least twenty years of experience in the field of education(4) the term of office and conditions of service of the chairperson and the other members shall be such as may be prescribed(5) the appropriate government shall appoint such number of officers and staff to assist the authority, as it considers necessary for its efficient functioning25functions of the authority4 (1) it shall be the duty of every authority to regulate the functioning of private schools and conditions of service of teachers, under its jurisdiction(2) without prejudice to the generality of the provisions contained in sub-section (1), the authority may,—(a) fix the student-teacher ratio for each standard;30(b) put a ceiling on the tuition fee and other charges, including payments in the form of sports fee, computer fee or any other fee of similar nature, which is charged by a private school for a particular class;(c) fix the hours of duty for teachers; (d) monitor the funds collected by the schools; and (e) perform such other functions as may be prescribed35power to make regulations5 (1) the authority, with the previous approval of the approval of the appropriategovernment, may make regulations consistent with this act for regulating the minimum qualifications for recruitment, and the conditions of service of teachers of the private schools40(2) subject to any regulation that may be made in this behalf, no teacher of a private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of the authority6 the salary, allowances, medical facilities, pension, gratuity, provident fund and other benefits of the teachers of private schools shall not be less than those of the teachers of the corresponding status in schools run by the appropriate governmentsalary, allowances and other benefits to teachersfee and other charges7 no private school shall charge a tuition fee or collect other charges or receive payments, in excess of the amounts specified by the authority:5provided that every private school shall obtain prior approval of the authority for charging tuition fee or collecting other charges or receiving payments, exceeding the amounts specified by the authorityclosing down of school108 if the appropriate government, on receipt of a report from the authority, is satisfiedthat the managing committee of any private school has neglected to perform any of the duties imposed on it by or under this act or any rules or regulations made thereunder and that it is expedient in the interest of school education to close down such school, it may, after giving reasonable opportunity of being heard to the managing committee of the school, order closing down of such school for such period as it may consider appropriate:provided that if the school is a recognized private school, the appropriate government may also withdraw its recognition159 the provisions of this act shall be in addition to and not in derogation of any otherlaw or rules made thereunder for the time being in forceact not in derogation of other lawspower to remove difficulties10 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:20provided that no order shall be made under this sub-section after the expiry of twoyears from the appointed day(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentpower to make rules2511 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act30(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament , while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule35(3) every rule made by the state government under this act shall be laid, as soon asmay be after it is made, before the state legislature statement of objects and reasonsnowadays running an unaided private school has become a business there are a number of unaided private schools throughout the country being run by a handful of persons the main aim of these persons is to earn money rather than to impart quality education these schools are charging hefty tuition fee besides other charges in the name of donations, building funds, computer fee, etc these schools after availing the necessary tax concessions are not investing the funds collected by them for the development of the schools the teachers in these schools are underpaid and are also not given service benefits like medical facilities, provident fund, etc there are cases of arbitrary retrenchment and suspension of teachers the management works in connivance with officials of education department the women teachers are subjected to various kinds of harassment thus, education is not safe in the hands of such unscrupulous persons overcharging of fee on one hand and underpayment to teachers on the other hand is the modus operandi of these people the tax laws are violated with impunity therefore, it has become necessary to set up an adequate mechanism to monitor, regulate and control the thriving education business not only to ensure that children get good quality education, but also to protect the parents from exploitationhence this billnew delhi;sunil kumar singhnovember 3, 2014 financial memorandumclause 3 of the bill provides that the appropriate government shall, within its territorial jurisdiction, establish private schools education authority to regulate the functioning of the unaided private schools 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 a sum of rupees one crore will be involved as recurring expenditure per annum from the consolidated fund of indianon-recurring expenditure to the tune of rupees twelve lakh is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the authority to make regulations for regulating the minimum qualifications for recruitment and conditions of service of teachers of private schoolsclause 11 empowers the appropriate government to make rules for carrying out the purposes of the bill the matters in respect of which rules and regulations may be made are matters of administrative details and procedure and, as such, the delegation of legislative power is of a normal character————— a billto regulate the functioning of private schools and for matters connected therewith or incidental thereto————(shri sunil kumar singh, mp)gmgipmrnd—2664ls(s3)—01-12-2014 | Parliament_bills | 93cbb22e-3b9c-5660-b512-a9b7a08267c6 |
(ii) for clause (i), the following clause shall be substituted, namely:— '(@) "goods" means any property including live animals, containers, pallets or such other articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under the deck;'; (iii) in clause (j), for the words "road, rail", the words "road, air, rail" shall be substituted; (iv) for clauses (k) and (j, the following clauses shall be substituted, namely:— '(® "multimodal transportation" means carriage of goods, by at least two different modes of transport under a multimodal transport contract, from the place of acceptance of the goods in india to a place of delivery of the goods outside india;'; () "multimodal transport contract" means a contract under which a multimodal transport operator undertakes to perform or procure the performance of multimodal transportation against payment of freight; (la) "multimodal transport document" means a negotiable or nounegotiable document evidencing a multimodal transport contract and which can be replaced by electronic data interchange messages permitted by applicable law; (v) in clause (m), in sub-clause (ii), for the words "not as an agent either of the consignor or of the carrier", the words "not as an agent either of the consignor, or consignee or of the carrier" shall be substituted; (vi) after clause (q), the following clauses shall be inserted, namely:— '(r) "special drawing rights" means such units of accounts as are determined by the international monetary fund; (s) "taking charge" means that the goods have been handed over to and accepted for carriage by the multimodal transport operator;' 3 in section 4 of the principal act,— amendment of section 4(i) in sub-section (3), for clause (a), the following clause shall be substituted, namely:— "(a) (i) that the applicant is a company, firm or proprietary concern, engaged either in the business of shipping, or freight forwarding in india or abroad with a minimum annual turnover of fifty lakh rupees during the immediately preceding financial year or an average annual turnover of fifty lakh rupees during the preceding three financial years as certified by a chartered , accountant within the meaning of the chartered accountants 38 of 1949act, 1949; (ii) that if the applicant is a company, firm or proprietary concern other than a company, firm or proprietary concern, specified in sub-clause (i), the subscribed share capital of such company or the aggregate balance in the capital account of partners of the firm, or the capital of the proprietor is not less than fifty lakh rupees"; (i?) in sub-section (3), after the proviso, the following provisos shall be inserted, namely:— "provided further that any applicant who is not a resident of india and who is not engaged in the business of shipping shall not be granted registration unless he has established a place of business in india: provided also that in respect of any applicant who is not a resident of india, the turnover may be certified by any authority competent to certify the accounts of a company in that country"; (iii) for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:— "(4) a certificate granted under sub-section (3) shall be valid for a period of three years and may be renewed from time to time for a further period of three years at a time (5) an application for renewal shall be made in such form as may be prescribed and shall be accompanied by such amount of fees as may be notified by the central government: provided that such fees shall not be less than rupees ten thousand and shall not exceed rupees twenty thousand (6) the competent authority shall renew the registration certificate granted under sub-section (3) if the applicant continues to fulfil the conditions as laid down at the time of registration" 4 in section 6 of the principal act, for sub-section (1), the following sub-section amendment of section 6 all be substituted, namely:— "(1) any person aggrieved by, refusal of the competent authority to grant or renew registration under section 4 or by cancellation of registration under section 5, may prefer an appeal to the central government within such period as may be prescribed" amendment of section 7 5 in section 7 of the principal act, in sub-section (/), the fotlowing proviso shall be nseried, namely:— "provided that the multimodal transport operator shall issue the multimodal transport document only after obtaining, and during the subsistence of a valid insurance cover" 6 in section 9 of the principal act,— amendment of section 9(i) for clause (a), the following clause shall be substituted, namely:— "(a) the general nature of the goods, the leading marks necessary for identification of the goods, the character of the goods (including dangerous goods), the number of packages or units and the gross weight and quantity of the goods as declared by the consignor;"; (ii) for clause (4), the following clause shall be substituted, namely:— "(h) the date or the period of delivery of the goods by the multimodal transport operator as expressly agreed upon between the consignor and the multimodal transport operator;"; (iit) for clause (x), the following clause shall be substituted, namely: "(k) freight payable by the consignor or the consignee, as the case may be, to be mentioned only if expressly agreed by both the consignor and the consignee;"; (iv) after clause (0), the following proviso shall be inserted, namely:— "provided that the absence of any of the particulars listed above shall not affect the legal character of the multimodal transport document" amendment of 7 in section 13 of the principal act, in sub-section (/), for the second proviso, the section 13 following proviso shall be substituted, namely:— "provided further that the multimodal transport operator shall not be liable for loss or damage arising out of delay in delivery including any consequential loss or damage arising from such delay unless the consignor had made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator" amendment of 8 in section 14 of the principal act, in sub-section (/), for the explanation, the section 14 following explanation shall be substituted, namely:— "explanation—for the purpose of this sub-section, where a container, pallet or similar article is stuffed with more than one package or units, the packages or units enumerated in the multimodal transport document, as packed in such container, pallet or similar article of transport shall be deemed as packages or units" 9 in section 15 of the principal act, the following proviso shall be inserted, namely:— amendment of section 15 "provided that the multimodal transport operator shall not be liable for any loss, damage or delay in delivery due to a cause for which the carrier is exempted from liability in accordance with the applicable law" 10 after section 20, the following section shall be inserted, namely:— insertion of new section 20a period of responsibility "20a the responsibility of the multimodal transport operator for the goods under this act shall cover the period from the time he has taken the goods in his charge to the time of their delivery" 11 in the indian carriage of goods by sea act, 1925, in schedule, in article i, for amendment of act 26 of 1925 clause (c), the following clause shall be substituted, namely:— '(c) "goods" includes any property including live animals as well as containers, pallets or similar articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under deck;' statement of objects and reasonsmultimodal transportation of goods act, 1993 (hereinafter referred to as an act) was enacted to regulate the multimodal transportation of goods by law with a view to reducing and eliminating interruption in the continuous movement of goods from their origin to the ultimate destination as well as to reduce the costs and delays and thereby to improve the quality of transport services this act provides a legal regime to govern on a uniform basis, the liabilities and responsibilities of a multimodal transport operator who can provide services under a single document to shippers engaged in international trade 2 there are two basic international arrangements which are of significance in the area of multimodal transportation the united nations convention on international multimodal transport of goods, 1980 lays down the responsibilities and liabilities of multimodal transport operators at the international level, whereas the unctad/international chamber of commerce (icc) rules have gained universal acceptance in the international multimodal transportation of goods in order to bring the act in line with both the united nations convention and the unctad/icc rules and also to ensure its better acceptance on the basis of the experience gained so far during the implementation of the act, it is proposed to amend the act as follows:— (a) in section 2, it is proposed to substitute definitions of the expressions "carrier", "goods", "multimodal transportation", "multimodal contract" and to amend the definition of the expression "multimodal transport operations" it is further proposed to insert new definitions of multimodal transport document", "special drawing rights" and "taking charge" in this section; (b) to amend section 4 to make certain additional provision relating to registration of multimodal transportation it is thus proposed to provide that a firm or a proprietary concern can also be registered as a multimodal transport operator at present, only a company can be registered as a multimodal transport operator further, it is proposed that all foreign applicants other than the one engaged in the business of shipping must have a place of business in india and in case of foreign applicants, the turnover is to be certified by a competent authority of the foreign country to which the applicant belongs the period of the:validity and renewal of certificate of registration is being increased from one year to three years the fee for renewal is also proposed to be increased from rupees two thousand to a sum of money which shall not be less than ten thousand rupees but shall not exceed rupees twenty thousand a provision for renewal of registration has also been proposed in this section; (c) itis proposed to provide the right of appeal in section 6 to an aggrieved person against the refusal of the competent authority to register any person or to renew the certificate of registration; (d) it is proposed to amend section 7 to provide that a multimodal transport operator should possess a proper insurance cover before issuing a multimodal transport document this is necessary to protect the interest of shippers; (e) it is proposed to provide in section 9, which deals with contents of multimodal transport document, that particulars relating to the general nature of the goods mentioned in the document shall be the same as are furnished by consignor further, it is proposed that the date or period of delivery of the goods by the multimodal transport operator shall be as expressly agreed upon between the shippers and the multimodal transport operator it is further proposed that the freight payable shall be mentioned only if expressly agreed by both consignor and consignee lastly, it is proposed that the absence of any of the particulars mentioned in this section shall not affect the legal character of the document; (/) it is proposed to amend section 13 to provide that the multimodal transport operator shall be relieved from liability for any consequential loss or damage arising from delay in delivery of the consignment unless consignor has made a declaration of interest in timely delivery which is accepted by the multimodal transport operator; (g) 1t is proposed to provide in section 15 that a multimodal transport operator shall not be liable for any loss, damage or delay in delivery due to a cause for which the carrier is exempted from liability in accordance with the applicable law; (a) it is proposed to insert a new section 20a so as to define the period of responsibility of multimodal transport operator; and (i) it is proposed to amend the definition of the expression "goods" in the carriage of goods by sea act, 1925 on the lines of the definition contained in international instruments 3 the bill seeks to achieve the above objects new delhi; rajnath singh the 28th july, 2000 memorandum regarding delegated legislationclause 3 of the bill empowers the central government to prescribe by rules the amount of fee which shall be paid along with an application for renewal of certificate of registration 2 clause 4 of the bill empowers the central government to prescribe by rules the period within which an appeal against order of refusal of the competent authority to grant or renew registration or cancellation thereof may be filed before the central government 3 the matters in respect of which rules may be made are matters of procedure and detail and it is not possible to incorporate the same in the bill the delegation of legislative power is, therefore, of a normal character annexure extracts from the multimodal transportation of goops act, 1993 (28 of 1993) definitions 2 in this act, unless the context otherwise requires, - (a) "carrier" means a person who is engaged in the business of transporting for hire goods by road, rail, inland waterways or sea; (i) "goods" includes-— (j) containers, pallets or similar articles of transport used to consolidate goods; and cd animals; (j) "mode of transport" means carriage of goods by road, rail, inland waterways or sea; (k) "multimodal transportation" means carriage of goods by two or more modes of transport from the place of acceptance of the goods in india to a place of delivery of the goods outside india; (j "multimodal transport contract" means a contract entered into by the consignor and the multimodal transport operator for multimodal transportation; (m) "multimodal transport operator" means any person who— (i) concludes a multimodal transport contract on his own behalf or throug another person acting on his behalf; (ii) acts as principal, and not as an agent either of the consignor or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract; and (iii) is registered under sub-section (3) of section 4; registration 4 (1) for multimodal transportation (3) on recepit of the application, the competent authority shall satisfy that the applicant fulfills the following conditions, namely:— (a) (i) that the applicant is a shipping company or a company engaged in the business of freight forwarding in india or abroad with a minimum annual turnover of fifty lakh rupees during the immediate preceding financial year or an average annual turnover of fifty lakh rupees during the preceding three financial years as certified by a chartered accountant within the meaning of the chartered accountants 38 of 1949act, 1949; (ii) that if the applicant is a company other than a company specified in subclause (i), the subscribed share capital of such company is not less than fifty lakh rupees; (b) that the applicant has offices or agents or representatives in not less than two other countries, and on being so satisfied, register the applicant as a multimodal transport operator and grant a certificate to it to carry on or commence the business of multimodal transportation: provided that the competent authority may, for reasons to be recorded in writing, refuse to grant registration if it is satisfied that the applicant does not fulfil the said conditions (4) a certificate granted under sub-section (3) shall be valid for a period of one year and may be renewed from time to time for a further period of one year at a time (5) an application for renewal shall be made in such form as may be prescribed and shall be accompanied by a fee of two thousand rupees appeal 6 (/) any person aggrieved by an order made by the competent authority under section 5 may prefer an appeal to the central government within such period as may be prescribed contents of multimodal 9 the multimodal transport document shall contain the following particulars, namely:— transport document (a) the general nature of the goods, the leading marks necessary for identification of the goods, the character of the goods (including dangerous goods), number of packages or units and the gross weight and quantity of the goods; (h) the date or the period of delivery of the goods at the place of delivery; (k) freight payable by the consignor or the consignee, as the case may be; chapter iv | responsiblities and liabilities of the multimodal transport operatorbasis of 13 (j) the multimodal transport operator shall be liable for loss resulting from— (a) any loss of, or damage to, the consignment; (b) delay in delivery of the consignment and any consequential loss or damage | liability ||--------------|| multimodal || transport || operator |arising from such delay, where such loss, damage or delay in delivery took place while the consignment was in his charge: provided that the multimodal transport operator shall not be liable if he proves that no fault or neglect on his part or that of his servants or agents had caused or contributed to such loss, damage or delay in delivery: provided further that the multimodal transport operator shall not be liable for loss or damage arising out of delay in delivery unless the consignor had made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator explanation—for the purposes of this sub-section, "delay in delivery" shall be deemed to occur when the consignment has not been delivered within the time expressly agreed upon or, in the absence of such agreement, within a reasonable time required by a diligent multimodal transport operator, having regard to the circumstances of the case, to effect the delivery of the consignment | Parliament_bills | ab96260e-9b0f-5715-9f05-5887d1ef451e |
bill no 14 of 2017 the constitution (amendment) bill, 2017 by shrimati meenakashi lekhi, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of article 217words "sixty-five years" shall be substitutedamendment of article 2243 in article 224 of the constitution, in clause (3), for the words "sixty-two years", thewords "sixty-five years" shall be substituted statement of objects and reasonsclause (1) of article 217 of the constitution allows every judge of high court to hold office until he attains the age of sixty-two years clause (3) of article 224 of the constitution provides that no person appointed as an additional or acting judge of a high court shall hold office after attaining the age of sixty-two years the age of retirement of the high court judges, which was fixed at sixty years in the beginning, was enhanced to sixty-two years by the constitution (fifteenth amendment) act, 1963 since then, no revision has taken place in this regardthe department related parliamentary standing committee on personnel, public grievances, law and justice, in its 39th report dated the 29th april, 2010, has recommended to raise the retirement age of the judges of the high courts from sixty-two years to sixty-five years hence, in view of this it is expedient and necessary to enhance the age of the supreme court judges from sixty-two to sixty-five years further, most of the reasons adduced by the fifth central pay commission in support of its recommendation for increasing the age of retirement of the central government employees, such as global practices, increase in life expectancy, improved health standards, need for utilization of experience and wisdom of senior employees, etc would also apply to the judges besides this, after their retirement the judges are being appointed by government in various tribunals, appellate tribunals and other bodies which is antithesis and not in consonance with the spirit of the preamble of the constitution the increase in age of retirement will altogether stop the employment of judges after their retirementindependence of judiciary is an essential attribute of rule of law, which is a basic feature of the constitution judiciary must be free from all pressures including the pressures from executive as well as psychological pressure on the judges related to their future after retirement the judges are required to ensure the independence and impartiality of judiciary by keeping themselves free from any allurement of employment under the government after their retirementthe constitution of india, specifically prohibits the chairman of union public service commission and its members and the chairman of state public service commission and its members for further employment either under the government of india or under the government of any state the constitution of india, on the other hand nowhere restricts or prohibits retired chief justice and judges of the high courts to hold further employment either under the government of india or under any of the state governmentsarticle 148 (4) provides that the comptroller and auditor-general shall not be eligible for further office either under the government of india or under the government of any state after he has ceased to hold his officethe chief justice and judges of the various high courts, the comptroller and auditor general of india, the chairman of union public service commission, the chairman of the state public service commission and the members of these commissions are constitutional functionaries and they should be kept free from all kinds of allurement of employment under the government after cessation of their officeit is presumed that reappointment of judges would have effect of undermining the independence and fairness of judiciaryin view of the present state of vacancies of judges in high courts, it is extremely difficult to clear the heavy pendency of cases in the high courts increasing the age of retirement by three more years would restrict occurrence of new vacancies on account of superannuation for the next three years during which time the existing backlog in vacancies could be cleared this would have a clear impact on reduction of pendency of cases in the high courtsit is, therefore, proposed to increase the age of retirement of judges and additional or acting judges of high courts to sixty-five yearshence the billnew delhi;meenakashi lekhinovember 23, 2016 annexure extract from the constitution of india appointment and conditions of the office of a judge of a high court217 (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of high court, shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years: 224 (1) (2) appointment of additional and acting judges(3) no person appointed as an additional or acting judge of a high court shall hold office after attaining the age of sixty-two years———— a billfurther to amend the constitution of india————(shrimati meenakashi lekhi, mp)gmgipmrnd—4060ls(s3)—31-01-2017 | Parliament_bills | a72587f7-435f-5720-b840-09b303c34bbb |
statement of objects and reasonsexploding population of the country is one of the major hurdles in the progress of the country if we can check the increase in population then we can expect to give reasonable standard of living to the people of the country some strong measures are required to check this menace some benefits should also be given to the people to encourage them to adopt small family norm the bill provides for some harsh measures for those who do not come forward to help in achieving the goal of population control alongside, some benefits are provided to those who adopt the sniall family norm hence this bill new deu; bachi singh rawat march 23, 1998 financial memorandumse 7 of the bill provides that any person who procreates only one child and gives ing that he shall not procreate another child shall be provided with nodation at subsidised cost and ration items from fair price shops at reduced price e central government the bill, therefore, if enacted would involve expenditure consolidated fund of india it is likely to involve a recurring expenditure of tupees one hundred crore per annum yo non-recurring expenditure is likely to be involved memorandum regarding delegated legislationcluase 9 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules to be made relate to matters of detail only the delegation of legislative power is of a normal character | Parliament_bills | 646cbbe5-ef92-52be-ad20-c231afc101a1 |
the finance bill, 1961(as introduced in loic sabha on 28th february, 1961) the finance bill, 1961 (as introduced in lok sabha)1 page ¥i:, line 1,-for "ag ement" ~ "agreement" 2 page 13, line 37,-for "1 tmes" ~ "i tems" 3 page 15, line 23,-~ at the end 4 page 18, line 14,-ii" , for "nominor" read "no minor" 5 page 18, line 24,-~ at the end "11 , 6 - page 24, line 39,-for "whieh" ~ "which" 7 page 24, line 46,-for "view" ~ "view" 8 correct line numbers on pages 2 to 6, 9 to 12, 14, 25, 26, 29, 31 and 33 new delhi· » march 4, 196~1~~~~~~~ phalguna 13, 1882 (saka) bill no 10 of 1961 the finance bill, 1961 (as introduced in lok sabha) abill to give effect to the financial proposals of the central government for the financial year 1961-62 be it enacted by parliamellt in the twelfth year of the republic of india as follows:-1 (1) this act may be called the finance act, 1961 short title and com-(2) save as otherwise provided in this act, sections 3 to 10 inclu- mencemedt 5 live shall be deemed to have come into force on the first day of april, 1961 2 (1) subject to the provisions of sub-sections (2), (3) and (4), income-tu' for the year beginning on the 1st day of april, 1961,-and super-- (a) income-tax shall be charged at the rates specified in tax 10 part i of the first schedule, and, in the cases to which paragraphs a, band c of that part apply, shall be increased by a surcharge for purposes of the union and a special surcharge, calculated in either case i~ the manner provided therein; and is 11 of 1822 - 20 (b) super-tax shall, for the purposes of section 55 of the indian income-tax act, 1922 (hereinafter referred to as the income-tax act), be charged at the rates specified in part n of the first schedule, and, in the cases to which paragraphs a, b and c of that part apply, shall be increased by a surcharge for purposes of the union and a special surcharge, calculated in either case in the manner provided therein (2) in making any assessment for the year ending on the 31st day of march, 1962,-(a) where the total income of an assessee, not being a company, includes any income chargeable under the head "salaries", the income-tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of income-tax payable according to the rates applicable under the operation of the finance act, 1960, on his total income the same proportion as the 5 amount of such inclusion qears to his total income; (b) where the total income of an assessee, not being a com-11 of 1980 pany, includes any income chargeable under the head "salaries" on which super-tax has been or might have been deducted under the provisions of sub-section (2) of section 18 of the income-tax 10 act, the super-tax payable by the assessee on that portion of his total income which consists of such inclusion shall be an amount bearing to the total amount of super-tax payable according to the rates applicable under the operation of the finance act, 1960, on his total income the same proportion as the amount of such 15 inclusion bears to his total income 13 of 1880 (3) in making any assessment for the year ending on the 31st day of march, 1962, where the total income of a company, other than the life insurance corporation of india established under the life insurance corporation act, 1956, includes any profits and gaim from 20 life insurance business, the super-tax payable by it shan be the 31 of 1958-aggregate of the tax calculated-(i) on the amount of profits and gains from life insurance business so included, at the rate applicable to the life 1ns1u'!lee corporation of india in accordance with paragraph e of part ii 25 of the first schedule; and (ii) on the remaining part of its total income, at the rate applicable to the company on its total income - (4) in cases to which section 17 of the income-tax act applies the tax chargeable shall be determined as provided in that section, 30 and with reference to the rates imposed by sub-section (1) (5) in cases in, which tax has to be deducted under section 18 of the income-tax act at the prescribed rates, the deduction shall be made at the rates specified in part iii of the first schedule (6) for the purposes of this section, and of the rates of tax 35 imposed thereby, the expression "total income" means total income as determined for the purposes of income-tax or super-tax, as the - case may be, in accordance with the provisions of the income-tax act, and the expression "earned income" has th~ meanidi l18igned to it in clause (6aa) of section 2 of that act 40 s t i 3 in section 4 of the income-tax act, in sub-section (3) ,-amendment of section 4-(i) ~fter clause namely:-(ii), the following clause shall be inserted, s ",(ha) any income of an association or institution established in india having as its object the control, supervision, regulation or encouragement in india of the games of cricket, hockey, football, tennis or such other games or i!ports as the central government may specify in this ibehalf from time to time by notification in the ofticial 10 g~ette: provided that-(i) the association or institution applies its income, or accumulates it for application, solely to the objects for which it is established; is (ii) no part of the income of the association or institution is distributed in any manner to its members except as grants to any association or institution affiliated to it; and (iii) the association or institution is, for the time 20 being, approved for the purpose of this clause by the central government by general or special order"; (ii) in clause (riva) , for the second provis'), the following provisos shall be inserted, namely:-'provided further that in the case of a person referred 2s to in this clause whose contract of service was approved by the central government before the commencement of his - service, this clause shan have effect as if for the words "during the financial year in which he arrived in india and the financial year next following", the words "during the thirty-six months commencing from the date of his arrival in india" had been substituted and as if the proviso immediately preceding had been omitted: provided also that where a person referred to in the pro-35 - 40 ~sp imm~iately preceding continues to remain in employ-,ment in india after the expiry of the thirty-six months commencing from the date of his arrival in india and the tax on his income chargeable under the head "salaries" is paid by the employer to the central government, the tax so paid by the employer for a period not exceeding twenty-four ,months following the expiry of the said thirty-six months shall not be included in his total income'; (iii) in clause (xvi), after the words "international bank for reconstruction and development", the words "or under a loan - a~~ement between the central government and the development loan fund of the united states of america," shall be inserted and after the words "under a loan agreement with the said bank", the words "or fund, as the case may be," shall be inserted s amendment of section 7 amendment or section 9 4 in section 7 of the income-tax act, in the proviso to explanation 2, after the words "a central, state or provincial act", the words, letters and figures "or any payment of retiring gratuity received after the 1st day of june, 1953 under the new pension code applicable to the members of the defence services" shall be inserted and shall be 10 deemed always to have been inserted 5 in section 9, in sub-section (2), after the third proviso, the following proviso and explanation shall be inserted, namely:-"provided further that in respect of a building the erection of which is begun and completed after the 1st day of april, 1961, the annual value for a period of three years from the date of such is completion shall be reduced by a sum equal to the aggregate of-(a) in respect of any residential unit (comprised in the building) whose annual value does not exceed six hundred rupees, by the amount thereof; and (b) in respect of any residential unit (comprised in the ~ building) whose annual value exceeds six hundred rupees, by an amount of six hundred rupees, so, however, that the income in respect of any residential unit shall in no case be a loss explanation-where a residential unit is in the occupation 2s of the owner for the purposes of his own residence, and the annual value thereof is computed in accordance with the first proviso, such computation will be made as if the fourth proviso had been omitted" i in section 10, in sub-section (2),-30 amendment of section 10 (i) in clause (vi), after the words "in the case of machinery or plant, to twenty per cent of the cost thereof to the assessee:" and before the proviso, the following paragraph shall be inserted, namely:-"and where the buildings have been newly erected after 3s the 31st day of march, 1961, such buildings being used solely" for the purpose of residence of persons employed in the business and drawing remuneration not exceeding two hundred rupees per mensem, a sum (which shall not be deductible in determining the written down value) equal to twenty per 40 cent of the actual cost of the building to the assessee in respect of the previous year of erection of the building:"; (ii) in clause (vib) ,-s (i) for sub-clause (i) and sub-clause (ii), the followin, aub-clauses shall be inserted, namely:-10 "(i) in the case of a ship acquired after the 31st day of december, 1957, forty per cent and in the case of a ship acquired before the 1st day of january, 1958, twentyfive per cent of the actual cost of the ship to the assessee; and (ii) in the case of machinery or plant installed before the 1st day of april, 1961, twenty-five per cent and in the case of machinery or plant installed after the 31st day of march, 1961, twenty per cent of the actual cost of the machinery or plant to the assessee"; (2) in the first proviso, after the words "any person other than the government", the words "or for any consideration not connected with any amalgamation or succession referred to in clause (vic)" shall be inserted; 20 (iii) after clause (vib) , the following clause shall be inserted, namely:-'(vic) (i) where in a scheme of amalgamation, a company (hereinafter in this sub-clause referred to as the prede-·cessor) sells or otherwise transfers to the company formed in pursuance of the predecessor's amalgamation with that company (hereinafter in this sub-clause referred to as the successor) any ship, machinery or plant in respect of which development rebate has been allowed to the predecessor under clause (vib) ,-30 35 (i) the successor shall continue to fulfil the conditions mentioned in the first proviso to clause (vib) in respect of the reserve created by the predecessor and in respect of the period within which such ship, machinery or plant shall not be sold or otherwise transferred and in default of any of these conditions, the provisions of subsection (11) of section 35 shall apply to the successor as it would have applied to the predecessor had it committed the default; - (2) the balance of development rebate, if any, still outstanding to the predecessor in respect of such ship, machinery or plant shall be allowed to the successor in accordance with explanations i and ii of clause (vib) , so, however, that the total period for which the balance 5 of development rebate shall be carried forward in the assessments of the predecessor and the successor shall not exceed the period of eight years specified in explanation i to clause (vib) and the successor shall be treated as the assessee in respect of such ship, machinery or 10 plant lor the purposes of clause (vib) and this sub-clause; explanation-for the purposes of this sub-clause, "amalgamation" means the merger of two companies (each of which is hereinafter in this explanation referred to as the amalgamating company) to form one com- 15 pany (hereinafter in this explanation referred to as the amalgamated company) in such a manner that-(a) all the property of the amalgamating companies immediately before the amalgamation becomes the property of the amalgamated company by virtue 20 of the amalgamation; (b) all the liabilities of the amalgamating companies immediately before the amalgamation become the liabilities of the amalgamated company by virtue of the amalgamation; and 25 (c) all the shareholders of the amalg8lqating companies immediately before the amalgamation become shareholders of the amalgamated company by virtue of the amalgamation, otherwise than as a result of the acquisition of property 30 of one company by another company pursuant to the purchase of such property by the other company or as a re$ult of the distribution of such property to the other company after the winding up of the company; 1 of 195ft (ii) where a firm is succeeded to by a private company, as defined in the companies act, 1956, in the business carried 35 on by it as a result of which the firm sells or otherwise transfers to the private company any ship, machinery or plant, the provisions of sub-clause (i) of this clause shall, so far as may be, apply to the firm and the company; 40 e3:planatio7t-the provisions of this sub-clause shall apply only where-(a) all the property of the firm before the succession becomes the property of the company; s (b) all the liabilities of the firm immediately before the succession become the liabilities of the company; and (c) all the partners of the firm immediately before the succession become shareholders of the company;'; (iv) after clause (xiv), the following clause shall be insert-' 10 ed, namely:-"(xiva) in respect of any special reserve created by - financial corporation which is engaged in providing long term finance for industrial development in india, an amount not exceeding ten per cent of the total income carried to such is reserve account: provided that, the corporation is for the time being approved by the central government for the purposes of this clause: provided further that where the aggregate of the amounts 20 carried to such reserve account from time to time exceeds the paid-up share capital (excluding the amounts capitalised from reserves) of the corporatioo no allowance under this clause shall be made in respect of such excess;"; (v) in clause (xv), the following provisos shall be inserted, 25 namely:-"provided that no expenditure in the nature of entertain-- ment expenditure shall be allowed in the case of an assessee other than a company: provided further that in the case of a company, no expen-30 diture in the nature of entertainment expenditure shall be allowed which exceeds the aggregate amount computed as hereunder-3s - (i) on the first rs 10,00,000 of the profits and gains of the business [computed before making any allowance under clause (vib) or in respect of entertainment expenditure] at the rate of 1 % or rs 5,000 whichever is higher (ii) on the next rs 40,00,000 of the profits and gains of the business (computed in the manner aforesaid) at the rate of f% s (iii) on the next rs 1,20,00,000 of the profits and gains of the business (computed in the manner aforesaid) at the rate of 1% 10 (iv) on the balance of the profits and gains of the business (computed in the manner aforesaid) nil" '1 in section 15c of the income-tax act,-(a) in sub-section (1), after the word "undertaking" wherever it occurs, the w(\rds "or hotel" shall be inserted; (b) after sub-section (2), the following sub-section shall be is inserted, namely:-"(2a) this section applies to any hotel which-(a) starts functioning on or after the first day of april, 1961 and is not formed by the splitting up, or the reconstruction of business already in existence or by the 2c transfer to , new business of building, machinery or plant previously used in any other busines,s; (b) is owned and run by a company registered in the taxable territories with a paid-up capital of not less than five hundred thousand rupees; 25 o (c) is run in premises which are owned by the comp8!\y; (d) has such number and types of guest rooms and provides such amenities as may be prescribed, having regard to the population and the tourist importance of 30 the place in which the hotel is located; and (e) is for the time being approved for the purposes of this sub-section by the central government"; (e) in sub-sections (3) and (5), after the woms "industrial undertaking", the words "or a hotel" shall be inserted; 3' (d) in sub-section (4),-(i) after the words "industrial undertaldng", the wozu : "or a hotel" shall be inserted; (ii) the following explanatio7\ shall be inserted, namely:-s "explanation-the amount of dividend in respect of which the tax is not payable under this sub-section shall be computed in accordance with such rules as may be made in this behalf by the central board of revenue"; (e) in sub-section (6), for the words "shall apply", the words "shall, in relation to an industrial undertaking, apply" shall be substituted; 10 (1) after sub-section (6), the following sub-section shall be inserted, namely:-"(7) the provisions of this section shall, in relation to a hotel, apply to the assessment for the financial year next following the previous year in which the hotel start is functioning and for the four assessments immediately succeeding" 8 in section 23a of the income-tax act, in sub-section (1) ,- ~~ (a) in clause (ii), the word "or" shall be added at the end; 23a and 20 (b) after clause (ii), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 1960, namely:-- "(iii) that at least 75 per cent of the share capital of the company is throughout the previous year beneficially held by an institution or fund established in the taxable territories for a charitable purpose the income whereof is exempt under clause (i) of sub-section (3) of section 4;" • in section 3'5 of the income-tax act, in sub-section (11) ,-amencimedi (a) in clause (i), after the words "other than the govern- of section 3', 30 ment", the words "or for any consideration not connected with any amalgamation or succession referred to in clause (vic) of sub-section (2) of section 10", shall be inserted; - 3s (b) the following explanation shaube inserted, namely:-"explanatton-for the purposes of this sub-section, a successor referred to in sub-clause (i) or sub-clause (ii) of clause (vic) of sub-section (2) of section 10 shall be deemed to be the assessee even in respect of an allowance by way of development rebate made to the predecessor, and any tax ~)'~ - restlltmg from the recomputation of the total income for any previous year of the predecessor shall be payable by the successor 10 in section 56a of the income-tax act, in clause (i) of sub-section (1), after item (20), the following item shall be inserted, namely:-s amendment of section ha "(21) refractories;" amendment of arl32 of 11134 11 the indian tariff act, 1934 (hereinafter referred to 'as the tariff act), shall be amended in the manner specified in 'the second schedule 12 in the indian tariff (amendment) act, 1949, in sections 4 and 10 5, for the 'figures "1961", the figures 4'1962" shall be substituted amendment of act 1 of iimii 13 tn the first schedllle to the central excises and salt act, 19m,-amendment of act 1 of 1944 (a) in item no2, for the entry in the third column, the entry "fifty-five rupees per quintal" shall be substituted; is (b) in item no 4,-'(1) under "i unmanufactured tobacco-"-() for sub-item (i), the following sub-item shall be substituted, namely:-"(i) ifftue cured and used in the manufacture of cigarettes tworwees and fifty naye paise" j (ia) in sul>-item (4), for the entry in the third column, the entry "two rupees" shall be submituted; (m) in sub-item (s), for the entry in the third column, the entry "ode rupee and fourteen naye paise"shall be substituted; (iv) in sub-item (8), for the entry in the third column, the entry "twenty-two naye paise" shall be substituted j (2) under "ii manufactured tdbacco-"-35 ('l for sub-item (i), the following sub-item shall be substituted, namely:-"(i) clprs and cheroots of which ,per hundred the value-40 | (ia) | exceeds | rs ||------------------------------|--------------|--------|| is | | || a hundred, but | nine rupeee | || does not | | || exceed | rs | || 2s | | || a | | || hundred | | || (ii,) | | || exceeds | | || rs | | || s | | || a hundred, but | | || three | | || rupees | | || does | not | exceed || rs is | | || a | | || hundred | | || (iv) | | || exceeds | | || rs | | || i | | || '2s | | || a hundred, seventy-five naye | | || but | | || does | not | exceed || rs | | || s | | || a | paise"; | || hundred | | |10 (ii) in sub-item (2),-(a) for sub-items (2) (i), (2) (ii), (2) (iii) and (2) (iv), the following shall be substituted, namely:-"(i) exceeds rb 35 a thousand is (i) exceeds rs 30 a thousand, but does not exceed rs 35 a thousand 20 twenty-three rupees and seventy-five naye paise twelve rupees and seventy-five naye paise eleven rupees and fifty naye paise" j (ii) exceeds rs 25 a thousand, but docs not exceed rs 30 a thousand (b) sub-items (2)(v), (2)(vi), (2)(vii), (2) (viii) and (2) (ix) shall, respectively, be re-numbered as 25 sub-item~ (2)(iv), (2)(v), (2)(vi), (2)(vh) and (2) (viii); (c) in item no7, for the entry in the third column, the entry "ninety-five rupees and fifty-five naye paise per kilolitre at ju~een degrees of centigrade thermometer" shall be substitut~d; (4,) in lted! no9, for the entry in the third column, the entry "sixteen per cent ad valorem plus ninety-two rupees and ten ;o8ye paise per metric tonne" shall be substituted; (8) in item no 13, for the entry in the third column, the ~ "'l'wen~y rupees per quintal" shall be substituted; 3s (i) in itejxj no 14, for the entries in the third column against each of the sub-items specified below, the following entries as are set out in the corresponding column against that sub-item ihall be substituted, namely:-' , " i (~) (a) nineteen rupees and seventy-five naye paise per quintal seventy naye paise per kilosram (n) (2) seventeen rupees and twentyfive naye paise per quintal (3) (i) seventeen rupees and twenty-five naye paise per quintal s (i) twenty-nine rupees and fifty naye paise per quintal (ii, forty-two naye paise per litre ninety-eight naye paise per live (iv) 10 (4) (, seventy naye paise per kilogram (ia) seventeen rupees and twentyfive naye paise per quintal (ii) fifty-six naye paise per litre (s) seventeen rupees and twenty- 15 five naye paise per quintal, if sold by wetght; fifty-six naye paise per litre, if sold by volume 20 ii twenty-eight naye paise per litre eighteen naye paise per litre iii () one rupee and forty naye paise per litre 25 (is) fifty naye paise per kilogram, if sold by weight; eighty-five naye paise per litre, if sold by volume ; (g) after item no 14, the following items shall be inserted, name1y:- 30 "j4-\ soda ash two rupees per quintal j4b caustic soda-| () | if | in | a solid form ||----------|---------------|-------|-----------------|| (i, | ifin | | || lye | | | || four | rupees | per | quintal || four | rupees | per | quintal || basis | | | || ~; | | | || of | hundred | per | cent 35 || strength | | | || of | caustic soda | | || 14c | glycerine | seventeen rupees | per | quintal ||-----------|---------------|---------------------|---------|-------------|| 14d | | | | || dyes | deriveq | from | fifteen | per || ad | | | | || fjalorem | | | | || coal | tar | and | coal | || tar | derivatives, | | | || s | | | | || used | in | any | dyeing | || process, | all | sorts | | || i4b | | | | || patent | or | proprie- | ten | per cent || ad | | | | || fjalorem | | | | || tary | medicines | | | || as | | | | || defined | in | clause | | || 10 | | | | || (d) | | | | || of | section | | | || 3 | | | | || of | | | | || the | drugs | act, | 1940 | || (23 | | | | || of | 1940), | not | con- | || taining | alcohol | | | |14f cosmetics and toi- twenty-five per cent ad flalorim!' j let preparations, namely:-() face cream and snow (il) face powder (iii) talcum powder 20 (ifl) hair lotion, cream and pomade (h) after item no is, under the heading chemical, the followidg items shall be inserted, namely:-icisa plastics, all sorts, twenty per cent ad flalorim namely:-f, | ()' | moulding powders, ||--------------------------|----------------------|| gra- | || nules | and || mosetting and thenno- | || plastic) | || (il) | || polyethylene films, lay- | || battubingsand pvc | || sheets (that is to say, | || polyvinyl | chloride || sheets) | || isb | || cellophane | twenty || ad | || fjalorem" ; | || 3s | || - | |() in item no 17, for the entries in the third column against subitmes (i), (2), (4), (5), (6), (7), (8), (9) and (10), the entries "fifty naye paise per kilogram", "one rupee per kilogram", "thirty-five naye paise per kilogram", "fifteen naye paise per kilogram", "thirty-five naye paise per kilogram", "thirty-five naye paise per kilogram", "thirty-five naye paise per kilogram" "fifty naye paise per kilogram" and "fifty naye paise per kilogram" shall, respectively, be substituted; u) after item no 18, the following items shall be inserted, !18idely:-'isa cotton twist, yarn and thread, all sorts, in or in relation to the manufacture of s which any process is ordinarily carried on with the aid' of power-(i) of 3s or more counts ; fifteen naye paise per kilogram (2) of less than 3s counts ten naye paise per idiogram 10 explanation-for multiple-fold yam, "count" means the count of the basic single yam is 18b woollen yarn, all sorts including knitring wool, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power-(i) worsted yam; ten per cent ad valorem (2) others five per cent ad valorem'; (k) after item no 23, the following items shall be inserted, namely:-2s "23a glass and glass-ware-- (i) sheet glass and plate ten per cent ad valorem glass i' (2) laboratory glassware five per cent ad valorem (3) glass shells, glass ten per cent lid valor"" ~bes and chimneys for ps and lanterns 30 (4) other fclassware includ-fifteen pet cent ad valor"" ing tab eware 23b chinaw arb and porcelainware, all sorts,-3s (i) tableware fifteen per cent ad valor", (2) sanitaryware fifteen per cent ad ",alor"" (3) glazed tiles ten per cent ad vawr"'" (4) not otherwise specified ten per cent ad wikw-" ; (l) u\:er item no 26, the following items shall be insertod bameiy: -s "z6a copper and copper alloys containing not less than fifty per cent by weight ofcopper,-10 (i) manufactures, the follow- three hundred rupees per metric ing, namely, plates, tonne sheets, circles, strips and foils in any fonn or size (2) pipes and tubes ten~per cent a ~ 26b zinc,-is (i) manufactures, the follow- three hundred rupees per metric ing, namely, plates, tonne sheets, circles, strips and foils in any fonn or size (2) pipes and tubes ten per cent ad fjq/o,em"; (i"') inltem no 27, after su~item (6), the fouowin; sub-itein shall be inserted, namely:-u(e) pipes and tubes ten per ceinad fiijior,m" ; (n) after item no 29, the following item shall be inserted, name1y:-"29a air conditioning twepty per cent ad fjiilo"m" machinery, all sorts (0) after item no 33, the following item shall be inserted, namely:-- "33a wireless receiving twenty per cent ad fjaior","; sets, all sorts, in-cluding transis-tor sets and radiq-daams, with or without loud-speaker (p) in item no 38, for the entry in the third column, the entry "sixty-five naye paise for every 1,000 matches or fraction thereof" shall be 3s substituted; (q) after item no 39, the following item shall be inserted, name1y:-- "40 refrigerators and twenty per cent ad fjaiorem" parts thereof, such as are specially de-signed for use with refrigerators 14 in the central sales tax act, 1956, in section 14,-amendment of act '1 01 1958 (i) in item (iia), for the figures "12", the figures 1119" shall be substituted; (ii) in item (vii), for the figures and letter "12a", the figures 1122" shall be substituted; 5 (iii) in item (viii), for the figure "8", the figure "i" shall be substituted; (iv) in item (i,r), for the figure 119", the figure 114" shall be substituted ; (v) in item (x), for the figures and letter 1112b", the figures 10 "21" shall be substituted; (vi) after item (x), the following item shall be inserted and shall be deemed to have been inserted with effect from the 1st day of march, 1961, namely:-"(xi) silk fabrics, as defined in item 20 of the first is schedule to the central excises and salt act, 1944" amencilnent 01 act 58 of 191'1 15 in the additional duties of excise (goods of special importance) act, 1'957,-(a) in clause (c) of section 2,-(i) after the words "cotton fabrics", the words "silk fab- 20 rics" shall be inserted; (ii) after the figures "19", the figures "20" shall be inserted; (b) in' sub-section (1) of section 3, after the words "cotton fabrics", the words "silk fabrics" shall be inserted; 2s (e) in the first schedule,-(1) in item no 4,'-::' (i) under "i unmanufactured tobacco", for subitem (1), the following sub-item shall be substituted; namely:-30 "(1) if flue cured and used in the manufacture of cigarettes nil"; (2) under "ii manufactured tobacco"-per hundred - (a) for sub-item (1), the following sub-item shall be substituted, namely: -3s "(i) ci~rs and·cheroots·of which -- the value-(a1 exceeds rs 25 a hundred:' three ,ruoees and ~:ty-five naye 40 | two | rupees | and | twen- ||---------------------|------------------------|------------|--------------|| ty-five naye paise | | | || (i) | | | || exceeds rs is a | hundred, | but | || does | not | exceed rs | || 2s | | | || a | hun- | | || dred | | | || s | | | || (i;'1 | | | || exceeds | | | || ri | 5 | | || a | hundred, | but | seventy-five || does | | | || not | exceed rs is a | hun- | paise || dred | | | || (it') | | | || exceeds rs | | | || i | | | || '25 | | | || a | | | || hundred, | fifteen naye paise" ; | | || but | does | not | exceed rs || s | | | || a | | | || hundred | | | |10 (b) in sub-item (2), for sub-items (2)(i) and (2)(ii), the following shall be substituted, namely:-"(2)(i) exceeds rs 35 a thousljnd seven rupees and seventy naye paise" ; is (c) the sub-items (2) (iii), (2) (iv), (2) (v), (2) (vi), (2) (vii), (2) (viii) and (2) (ix) shall, respectively, be renumbered as sub-items (2) (ii), (2) (iii), (2) (iv), (2) (v) (2) (vi), (2) (vii) and (2) (viii); (3) after item no 19, the following item shall be inserted, namely:-20 "20 silk fabrics thirty naye paise per square metre"; (d) in the second schedule, in part 111,-(i) in clause (a) of paragraph 5, after the words "cotton fabrics", the words "silk fabrics" shall be inserted; and (ii) in the proviso to paragraph 6, after the words "cotton fabrics", the words "silk fabrics" shall be inserted 16 in schedule i to the indian stamp act, 1899, in entry 47,-:r:~~ent 30 (a) in sub-entry a(i) (i), in the first column, the words of 1899 - "fifteen naye paise or" shall be omitted; and (h) in sub-entry e, in the second column, the following proviso shall be inserted, namely:-35 1 ef 1944 "provided that if the total amount of duty payable is not a multiple of five naye paise, the total amount shall be rounded off to the next higher multiple of five naye paise n for the year beginning on the first day of april, 1961, no duty discmftinalu-' anceolt under the central excises and salt act, 1944 or the tariff act shall duty be levied in respect of salt manufactured in, or imported into, india - 40 18 of 1931 declaration under the pro1)i<;ional collection of ta:res act, 1931 it is hereby declared that it is expedient in the public interest that the provisions of clauses 11, 12 13 and 15 of this bill shall have immediate effect under the provisional collection of taxes act, 1931 2009(b)ls-3· - (see section 2) part i income-tax and surcharges on income-tax paragraph a(i) in the case of every individual who is married and every hindu undivided family whose total income does not exceed rs 20,000 in either case- rates of income-tax| ri | ri ||---------|---------|| ra | || (i) | || on | || the | || fint | || 3,000 | || of | || total | || 3300 | || of | || total | || 1 | || income | income || (2) | || on | || the | || aext | || 2000 | || | || 1100 | || | || (3) | || on | || the | || next | || 2500 | || | || 2,500 | || 0 | || (4) | || on | || the | || next | 2,500 || " | || 2,500 | || | || (5) | || on | || the | || next | || 2500 | || ii | || 2~00 | || ii | || 3600 | || ohotal | || nil | || income | || 10400 | || | || 3% | || 2500 | || | || 6% | || 20 | || 2500 | || ii | || 9% | || 2500 | || " | || 11% | || 2,500 | || | || 14% | || 5,000 | || | || 18% | || (~) | || on | the || deet | || 2,500 | || | || 2,500 | || | || (7) | || on | || the | || nat | || $,000 | || " | || 5,000 | || | |(ii) in the case of every individual who is not married and every 25 individual or hindu undivided family whose total income in either case exceeds rs 20,000 and in the case of every unregistered firm or other association of persons, not being a case to which any other paragraph of this part applies:-rl 30 (i) on the fint 1,000 of total income tv;l (2) on the next 4,000 " '3% (3) on the next 2,500 6% (<t) on the next 2500 ii ii 9% (5) on the next 2,500 " n% 35 (6) on the next 2500 ii 14% (7) on the next 5,con " 18% (8) on the balance of total iilcome 25%: provided that for the purposes of this paragraph---(i) no income-tax shall be payable on a total income which doe> not exceed the limit specified below; (ii) the income-tax payable shall in no case exceed half the 5 amount by which the total income exceeds the said limit; (iii) the income-tax payable by an individual who is married or a hindu undivided famhy whose total income exceeds in either case rs 20,000 shall not exceed the aggregate of-10 (a) the income-tax which would have been payable if the total income had been rs 20,000; (b) half the amount by which the total income exceeds rs 20,000; the limit aforesaid shall be-15 (i) rs 6,000 ill the case of every hindu undivided family which as at the end of the previous year satisfies either of the following conditions, namely:-(a) that it has at least two members entitled to claim partition who are not less than eighteen years of age; or 20 (b) that it has at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other living member of the family; (ii) rs 3,000 in every other case ' surcharges on income-tax 25 the amount of income-tax computed at the rates hereinbefore specified shall be increased by the aggregate of the surcharges calculated as under:-(a) a surcharge for purposes of the union equal to the sum of-(i) five per cent of the amount of income-tax; and 3s (ii) where the earned income included in the total income exceeds rs 1,00,000, ten per cent of the difference between the amount of income-tax which would have been payable on the whole of the earned income included in the total income if such earned income had been the total income and the amount of income-tax payable on a total income of rs 1,00,000; - (b) a special surcharge at fifteen per cent of the difference between the amount of income-tax on the total income and the amount of income-tax on the whole of the earned income, if any, included in the total income if such earned income had been the total income: provided that-(i) no surcharge for purposes of the union shall be payable where the total income does not exceed the limit specified below; s (ii) no special surcharge shall be payable in the case of an assessee whose total income does not include any income from dividend on ordinary shares if his total income does not exceed the limit specified below, and where the total income includes any dividends on ordinary shares, such limit shall be increased 10 by rs 1,500 or the amount of the said dividends, whichever is less: provided further that-(a) where the total income includes any dividends on ordinary shares, the surcharge for purposes of the union and is the special surcharge shall not in each case exceed half the amount by which the total income exceeds the respective 1imits applicable in either case; (b) the surcharge for purposes of the union and the special surcharge, both together, shall not exceed half the amount by 20 which the total income exceeds the limit specified below; the limit aforesaid shall be-(i) rs 15,000 in the case of every hindu undivided family which satisfies as at the end of the previous year either of the following conditions, namely:-2s (a) that it has at least two members entitled to claim partition who are not less than eighteen years of age; or (b) that it has at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other living 30 member of the family; (ii) rs 7,500 in every other case exptanation-for the purposes of this paragraph, in the case of every hindu undivided family governed by the mitakshara law, a son shall be deemed to be entitled to claim partition of the 35 coparcenary property against his father, or grand-father notwithltandinl any custom to the contrary in the case of every local authority,-rate of income-tax on the whole of the total income 30% surcharge on income-tax 5 the amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the union of 5 per cent of the amount of income-tax 10 in every case in which under the provisions of the income-tax act, income-tax is to be charged at the maximum rate,-rate of income-tax on the whole of the total income 25% surcharges on income-taxis the amount of income-tax computed at the rate hereinbefore specified shall be increased by the aggregate of the surcharges calculated as under:-(a) a surcharge for purposes of the union of five per cent of the amount of income-tax; and 20 (b) a special surcharge of fifteen per cent of the amount of income-tax - paragraph din the case of every company,-rate of income-tax on the whole of the total income 20% in the case of every registered firm,-rates of inccnne-tax - (1) on the first rs 40,000 of total income 30 (2) on the next rs 35,000 of total income (3) on the next rs 75,000 -of total income (4) on the balance of total income nil 5% 6% 99' part ii super-tax and 8urcharges on 8uper-tczzparagraph a in the case of every individual, hindu undivided family, unregistered firm and other association of persons, not being a case 5 to which any other paragrap\l of this part applies,-rates of super-tax nil 5% 15% 20% 30ro 35% 40% 45% (1) on the first rs 20,000 of total income (2) on the next rs 5,000 of total income (3) on the next rs 5,000 of total income (4) on the next rs 10,000 of total income (5) on the next rs 10,000 of total income (6) on the next rs 10,000 of total income (7) on the next rs 10,000 of total income (8) on the balance of total income surcharges on super-taxthe amount of super-tax computed at the rates hereinbefore specified shall be increased by the aggregate of the surcharges calculated as under:-(a) a surcharge for purposes of the union equal to the sum 20 of-(i) five per cent of the amount of super-tax; and (ii) where the earned income included in the total income exceeds rs 1,00,000, ten per cent of the difference between the amount of super-tax which would have been 25 payable on the whole of the earned income included in the total income, if such earned income had been the total income and the amount of super-tax payable on a total income of rs 1,00,000; (b) a special surcharge at fifteen per cent of the di1ference 30 between the amount of super-tax on the total income and the amount of super-tax on the whole of the earned income, if any, included in the total income, if such earned income had been the total income paragraph b in the case of every local authority,-rate of buper-taz on the whole of the total income • 11% surcharge on super-taxthe amount of super-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the union of 121 per cent of the amount of super-tax paragraph c sin the case of every association of persons being a co-operative society as defined in clause (sb) of section 2 of the income-tax act,-rates of super-tax (1) on the first rs 25,000 of total income nil 10 (2) or the balance of total income 16% surcharge on super-taxthe amount of super-tax computed at the rates hereinbefore specified shall be increased by a surcharge for purposes of the union of 121 per cent of the amount of super-tax is paragraph din the case of every company, other than the life insurance corporation of india established under the life insurance corporation act, 1956,- rates of super-tax20 on the whole of the total income 55%: provided that-(i) a rebate at the rate of 45 per cent on so much of the total income as consists of dividends from a subsidiary indian company formed and registered before the 1st day of april, 1961; at 25 the rate of 40 per cent on so much of the total income as consists of dividends from any other indian company formed and registered on or after the 1st day of april, 1959; and at the rate of 35 per cent on the balance of the total income shall be allowed in the case of any company which-30 - 3s (a) in respect of its pr:'lilts liable to tax under the income-tax act for the year ending on the 31st day of march, 1962 has made the prescribed arrangements for the declaration and payment within india of the dividends payable out of such profits in accordance with the provisions of sub-section (3d) of section 18 of that act; and - (b) is such a company as is referred to in sub-section (9) of section 23a of the income-tax act with a total income not exceeding rs 25,000; (ii) a rebate at the rate of 45 per cent on so much of the total income as consists of dividends from a subsidiary indian 5 company formed and registered before the 1st day of april, 1961; at the rate of 35 per cent on so much of the total income as consists of dividends from any other indian company formed and registered on or after the 1st day of april, 1959; and at the rate of 30 per cent on the balance of the total income shall be allowed 10 in the case of any indian company which satisfies condition (a) but not condition (b) of the preceding clause; (iii) a rebate at the rate of 45 per cent on so much of the total income as consists of dividends from a subsidiary indian company formed and registered before the 1st day of april, 1961; is at the- rate of 22 per cent on so much of the total income as consists (:f dividends from an indian company, not being a subsidiary, formci and registered on or after the 1st day of april, 1959 and before the 1st day of april, 1961; at the rate of 35 per cent on so much of the total income as consists of dividends from any indian 20 company formed and registered on or after the 1st day of april, 1961; at the rate of 25 per cent on so much of the total income as consists of royalties received from an indian concern in pursuance of an agreement made by it with the indian concern on or after the 1 st day of april, 1961 and which has been approved by the 25 central government in this behalf; and at the rate of 12 per cent on the balance of the total income shall be allowed in the case of any company not entitled to a rebate under either of the preceding clauses: provided further that-(i) the amount of the rebate under clause (i) or clause (ii) of the preceding proviso shall be reduced by the sum, if any, equal to the amount or the aggregate of the amounts, as the case may be, computed as hereunder:-(a) on the bgf,tegate of the 51u1l1 computed ill the manner at the rate ot ioo% 35 pfovided in clause (i) of the iil"cond p~oviso to p;'ragraph d of part ii of the first schedule to the finano:e a:t 1960 al reduced hy the amowlt, if any whieh is deemed to hwe been taken into account, in ~c4'ordance with clause (ii) of the laid proviso, for the purpose of reducinl the rebate mentioned in clause (i) of the said proviso to nil ; and (;) on' the amount representing the face value of any at the rate of 121% bonus shares or the amount of any bonus issued to itt shareholden during tbe previous year with a vic1f to idcrealin, the paid-u,p cepi~l; (ii) where the sum arrived at in accordance with clause (i) of this proviso exceeds the amount of the rebate arrived at in accordance with clause (i) or clause (ii), as the case may be, of the preceding proviso, only so much of the amounts of reduction 5 mentioned in sub-clauses (a) and (b) of clause (i) of this proviso as is sufficient, in that order, to reduce the rebate to nil shall be deemed to have been taken into account for the purpose: provided further that the super-tax payable by a company, the total income of which exceeds rupees twenty-five thousand, shall not 10 exceed the aggregate of-(a) the super-tax which would have been payable by the company if its total income had been rupees twenty-five thousand; and (b) half the amount by which its total income exceeds is rupees twenty-five thousand explanation-for the purposes of this paragraph, where any portion of the profits and gains of a company is not included in its total income by reason of such portion being agricultural income, the amount representing the face value of any bonus shares and the 20 amount of any bonus issued to its shareholders shall each be deemed to be such proportion thereof as the average of the total income of the company in the five previous years in which the company has been in receipt of taxable income immediately preceding the relevant previous year bears to the average of its total profits and gains (excluding capital receipts) for the preceding five years aforesaid, 2s reduced by such allowances as may be admissible under the incometax act which have not been taken into account by the company in its profit and loss accounts for the preceding five years aforesaid 30 in the case of the life insurance corporation of india established under the life insurance corporation act, 1956,-11 of 1956 | rate | of ||-------------------------------------------------|-------|| on the whole of its profits and gains from life | || insurance business | || | 22·5% |part iii 3s - rates for deduction of tax under section 18 of the income-tax act at the prescribed rates in every case in which under the provisions of section 18 of the income-tax act, tax is to be deducted at the presoribed rates 2009 (b) ls--4 - deduction shall be made from the income subject to deduction at the following rates:-income-tax super-tax rates of surcharges rate of rates of iuper-ta: surcharges 5 rate of incometim surcharge specla1 for surcharge purposel of the umod i in the cue 01 - j'eriod other thad - cdmpiidy-(6) in 1dd1tion, where the penon il ode whom the penon responsible for paylq the income baa no i'aiod to believe to be reaident in the taable territoriea, od the whole income 2 in the cue of a company-(a) in every cue-incfim company referred to in section 56a of the income-to act); and (6) in addition, where the company is neither 4n indian compayable by any of itl subsidiary indian companies 196x, or by an indian com{jidy referred to in section sm of the income-to: act)-(x) on dividendi payable by an indian company, not beina a iublidlary, formed and reglltered on or after the lit day of april, 1959 and before the lit day of april, 1961 - - - - - (2) on dlvidends payable by any indian company formed and i'ciiatered on or after the ;ut day of aprij, 1961 , , , , , , , (3) 011 any other dividendi (i') oil the income from royalties payable by an indian concern in purauance of an agreement which is made by it with the indian concern on or after the lit day of april, x96x and which has been approved by the c:mttal gcm:mmeat in this behalf, - - (iii') _, other income, not beida income from dividend •• (see section 11) part i in the first schedule to the tariff act,-s (i) in item no 8(2), for the entries in the fourth and sixth columns, the entries "50 per cent ad valorem" and "40 per cent ad valorem", respectively, shall be substituted; (ii) in item no 9(3), for the entries in the fourth and sixth, columns, the entries "100 per cent ad valorem" and "921 pel: cent ad valorem", respectively, shan be substituted; 10 (iii) in item no 9(5), for the entries in the fourth and sixth columns, the entries "rs 3,07 per kilogram" and "rs 3,00 per kilogram", respectively, shall be substituted; 15 (iv) in item no 12(4), in the third column, the word "revenue" shall be inserted, and for the entry in the fourth column, the entry "50 per cent ad valorem" shall be substituted; (v) in item no 22(3), for the entries in the fourth column against sub-items (a) and (b), the entries "rs 23'50 per litre" and "rs 14·70 per litre", respectively, shall be substituted; (vi) in item no 22(4),-20 (1) for the entry in the fourth column against sub-item (a), the entry "rs 44·00 per litre of the strength of london proof or 170 per cent ad valorem, whichever is higher" shall be substituted; - (2) for the entry in the fourth column against sub-item (b) (i), the entry "rs 58·70 per litre or 170 per cent ad valorem, whichever is higher, plus the excise duty for the time being leviable on like articles if produced or manufactured in india, and where such duty is leviable at different rates, the highest duty" shall be substituted; 30 3s - (3) for the entry in the fourth column against sub-item (b) (ii) the entry "rs 44·00 per litre of the strength of london proof or 170 per cent ad valorem, whichever is higher, plus the excise duty for the time being leviable on like articles if produced or manufactured in india, and where such duty is leviable at different rates, the highest duty" shall be substituted; (vii) in items nos 22(5) (b) (i) and 22(5)(b)(u), in each of the entries in the fourth, fifth and sixth columns the words "plus the excise duty for the time being leviable on like articles if produced or manufactured in india, and where such duty is leviable at different rates, the highest duty" shall be added at the end; (viii) in item no 24(3), fol' the entries in the fourth and s sixth columns, the entry "rs 33·00 per kilogram" shall be substituted; (ix) in item no 28a, in each of the entries in the fourth, fifth and sixth columns, the words "plus the excise duty for the tij;ne being leviable on like articles if produced or manufactured 10 in india, and where such duty is leviable at different rates, the highest duty" shall be added at the end; (ox) in items nos 28(3) and 39, for the entry against each of them in the fourth column, the entry "10 per cent ad valorem" ~hall be substituted; is (xi) in items nos 28(4), 28(14), 28(30), 28(34), 30(1), 30(13), 30(15), 30(16), 47(3), 47(4), 47(5), 47(6), 48(3), 48(7), 48(8), 48(9) and 70(1), in the entry against each of them in the fourth column, the words "plus the excise duty for the time being leviable on like articles if produced or manufactured in india, 20 and where such duty is leviable at different rates, the highest duty" shall be added at the end; (xii) in items nos 28(8) and 66(b), for the entry against each of them in the fourth column, the entry "50 per cent ad valorem plus the excise duty for the time being leviable on 2s like articles if produced or manufactured in india, and where such duty is leviable at different rates, the highest duty" shall be substituted; (xiii) in item no 30, for the figures "40" and "~o" in the fourth and fifth columns, the figures "50" and "40", respectively, 30 shall be substituted; (xiv) in items nos 31, 31(2), 31(3), 45(b)~ 45 (c) and 7l(b), for the entry against each of them in the fourth column, the entry "75 per cent ad valorem" shall be substituted; (xv) in item no 31(1), for the entries in the fourth and 3s sixth columns, the entries "75 per cent ad valo'7'em" and "65 per cent ad valorem", respectively, shall be substituted; (xvi) in items nos 39(1), 39(2), 39(3), 40, 63(28) and 87, for the entry against each of them in the fourth column, the -entry "50 per cent ad valorem" shall be substituted; 40 (zvii) in item no 44, for the figures "40" in the fourth column, the figures "50" shall be substituted; (zviii) in items nos 45(a), 53, 80 and 81, for the entry against each of them in the fourth column, the entry "100 per cent ad valorem" shall be substituted; (n) in items nos 72, 72(1), 72(2) and 72(3), for the entry against each of them in the fourth column, the entry "15 per cent ad valorem" shall be substituted; 10 (xx) in items nos 73, 73(1) and 77, for the entries against each of them in the fourth and fifth columns, the eritries "50 per cent ad valorem" and "40 per cent ad valorem", respectively, shall be substituted; is 20 (xxi) in items nos 73(21), 73(22) and 75(19), for the entry against each of them in the fourth column, the following entry shall be substituted, namely:-"the excise duty for the time being leviable on like articles if produced or manufactured in india and where such duty is leviable at different rates, the highest duty; and the duty so leviable shall be in addition to the duty which would have been levied if this entry had not been inserted"; (xxii) in items nos 74(2) and 74(3), for the entry against '!ach of them in the fourth column, the entry "25 per cent ad valorem" shall be substituted; and 25 - (xxiii) in item no 75(1), for the figures "75" in the fourth column, the figures "100" shall be substituted | part | ii ||-----------------|--------|| , | || item | || name | of || staodard | || rate | || of | duty || no | || duts' | || plefeentw rate | of || duty | || if | || the | || irticle | || ilth~or | || man | || of | || dundon | || of | || protecriye | || ratei | || of | || duty | || the | united || a british | || kingdom | || colon, | || s | || 6 | || i | || 2 | || 3 | || | || 7 | | 10 in the first schedule to the tariff act,- (i) after item no 12(4), the following item ahall be inserted, namely :- 1z(4a) malt - revenue 100 per cent ad valorem - (ia) after item no 59(6), the following item shall be inserted, namely :-| | 59 (7) ||----------------|---------------|| is | || china | || and | porcdainware, || sorts,- | || (i) | || tableware | || (2) | || sanitaryware | || (3) | || glazed | || tiles | || reyenue | || the | aci&e || duty | || for | || the | || time | || being leviable | on || like articles | || if | || produced | || or | || manufactured | || in | || india, | || and | where such || is | || leviable | at || highest | duty || so | || leviable | || shall | || be | || in | || addition | to || the | duty || levied | || if | || this | entry || beeu | || inserted | || (4) | || not | || otherwise | || specified | || 20 | |(iii) after item no 60(8), the following item shall be inserted, namely :-2s - 60(9) glass and glassware,-revenue the acise duty for the time (i) sheet glass and plate glass being leviable on like articles (2) laboratory glassware if produced or manufactured in (~glass shells, g\8s8 globes india, and where such duty i~ and chimneys for lamps and leviable at different rates, 30 lanterns the highest duty ; and the duty 10 leviable shall be in addition to the duty which would bne been levied if this entry had not been inserted - (4) other glassware including tabkwatt - - 3s (ill) after item no 63(14), the following item shall be inserted, namely :- 63(14a) high carbon steel stripa of thick-preferential aas - s mid or below revenue so per cent ad fjilifjl'ml 40 per ceat gil wildrmr (ii) after item no 64(s), the following item shall be inserted, nam~y :-40 c 64(6) copper and copper alloys con-revenue the excise duty for the time being taining not less than fifty per leviable on like articles if procent by weight of copperduced or manufac:tured in india, and where such duty is leviable (i) manufactures, the fouowidg at different rates, the highest namely, plates, sheet9, dr-::, ; and the duty so leviable cles, strips and foua in any be in addition to the duty form or size which would have been levied 4s (2) pipes and tube& if this cotty bad not been inserted (in) after item no 68(4), the following item shall be inserted, namely :-| 50 | ||--------------------------|---------|| 68(5) | || zmc;- | || revenue | the || acise | || duty | for the || time | || (i) | || manufactures, | || the | || fouowina, | || being | || leviable | on || like | || articles | || d8iijely | || plates sheetj, circles, | || if | || produced | || or | || manufactured | || in | || i1ripi | || and | || [oija | || in | || any form | or || such | || duty | || it | || size | || leviable | at || different | || rates, | || 55 | the || hif | || est | || duty: | || and | || the | || duty | || (2) | || pipes | and || tubes | || 10 | || icvjable | || shall | || be | || in | || addition | || to | || the | duty || would | || haft | || been | || levied | || if | || this | || entry | || bad | || not | || been | || interted | |s 6 7 i 2 3 4 (vi) after item no72(40), the following item shall be inserted, namely :-- 72(·41) itefrigemon md ~ thereof, iiudl u are specially designed for use with ttfrigeraton ; and air conditioning macbinery, all u revenu~ the excise duty for the time being leviable on like artidea if produced or manufactured in india and where such duty is leviable at differrnt rates, the highest duty ; and the duty 10 leviable shall be in addition to the duty which would have been levied if this entry had not been inserted 5 10 (mi) after item no 73(4), the following item shall be inserted, namely :-15 - 73l4a) wirelesa receiving sets, all 1orta, revenue the excise dun' for the time beina idcluding transistor sets and leviable on like articles if proradiograms, with or without duced or manufactured in 1ddia, loudspeaker and where such duty it leviable at different rates, the highest duty : and tilt duty so leviable 20 shah be in addition to the duty which would ha bceo levied if this entry had not been insert· ed (i%) after item no 73(22), the following item shall be inserted, namely :-25 - 73(23) nichrome and other electrical revenue 100 per cent ad oaiorem reaistlldc:e wires and strips (x) after item no 82(5), the following item shall be inserted, namely : tb(6) (a) plastics, all 1orts-revenue the excise d~ty for the time () moaldink p!jwden, panules being leviable on like articles lind flakes (tbermoeetting and it produoed or manu&aured in thermoplutic) india, and where such dufy is 30 leviable at different rates, the highest duty ; and the duty 10 leviable shall be in addition to the duty which would have been levied if this entry bad not been inserted (ii) polyethylene filma, iayftat - tubidgi and pvc sheets (that ii to , polyvinyl chloride abeeta) the acise duty for the time being leviable on like articles if produced or manufactured in india, and when: such duty is leviable at cwlerent rates, the hirhest :!fi ; and the duty 10 leviable be in addition to the duty which would have been levied if this cdtry bad dot been in· aerted (b) cellophane revenue statement of objects and reasonsthe object of this bill is to give effect to the financial proposals of the central government for the next financial year and to provide for certain connected matters the notes on clauses explain the various provisions contained in the bill morarji desai new delhi; the 28th fe'fjruary, 1961 notes on clausesclause 2 prescribes the rates of income-tax and super-tax f~ purposes of assessment for the financial year 1961-62 and for deduction of tax at source from interest on securities, dividends etc, during the same year in the cases of assessees other than companies, the only change is that the rate of surcharge on earned income above ri 1 lakh has been raised from 5 per cent to 10 per cent of· the amount of income-tax and super-tax in the ease of companies,-(i) the rate of income-tax is the same as in the last year, ie, 20 per cent for all companies; (ii) the effective rate of super-tax applicable to income other than dividends of an indian company in which the public are substantially interested and whose total income does not exceed rs 25,000 and of any other indian company also remains the sam~ as in thp last year, ie, 20 per cent and 25 per cent respectively; (iii) the effective rate of super-tax applicable to income, other than dividends and certain royalties, of such foreign companies as do not declare their dividends in india continues to remain the s8iile as in the last year, ie, 43 per cent; (iv) the etfeetive'rates of super-tax on dividends received by a company (indian or foreign) from an indian company formed and relistereci before the 1st aprfi, 1961 will be the same as for the financial year 1960-61 in the case of dividends payable b3' an indian company formed and registered on or after the 1st april, 1961, the effective rates of super-tax have been fixed at 15 per cent in the case of an ittdian company in which the public are substantially interested and whose income does not exceed rs 25,000 and at 20 per cent in the case of all other compaljies, indian or foreign; (v) the effective rate of super-tax on royalties received by a foreign company (which does not declare dividends in india) from an indian codcem in pursuance of an agreement made by the former with the indian concern on or after the 1st apn1, 1961 which haa been approved by the central government, has been hed at 30 per cent; (vi) the effective rate at which super-tax is payable with reference to bonus issues has been reduced from 30 per cent to 121 per cent the rates for deduction of tax at source remain the same as in the financial year 1960-61 except that in the case of dividends and certain royalties payable to foreign companies which do not declare their dividends in india, the rates have been fixed at the rates corresponding to those mentioned in (iv) and (v) above clause 3 makes the following amendments to sub-section (3) of section 4 of the income-tax act:-sub-clause (i) inserts a new clause (iia) to provide for exemption from tax in the case of the income of an association or institution established in india wholly for controlling, supervising, regulating or encouraging in india the games of cricket, hockey, football tennis and such other games or sports as may be specified by the central government from time to time in the ofticial gazette sub-clause (ii) amends clause (xiva) to secure that the exemption from tax in respect of the salary received by a foreign technician whose contract of service has been approved by the central government will be available for a period of 36 months from the date of his arrival in india and that if for a further period not exceeding twenty four months, the tax in respect of his salary is paid to the central government by hi employer, such tax shall not be treated as a part of the technician's total income sub-clause (iii) amends clause (xvi) to extend to the development loan fund of the united states of america the exemption available at present to the international bank for reconstruction and development, in respect of interest received from an industrial undertaking or financial corporation, in certain circumstances clause 4 amends section 7 of the income-tax act to provide exemption from tax in respect of retiring gratuity received after the 1st june, 1953 by the members of defence services under the new pension code clause 5 amends section 9 of the income-tax act to provide that in respect of a building erected on or after the 1st day of april, 1961 and which is let on rent to tenants, the annual value of each resijiential unit shall be reduced by the amount of its annual value or rs 600, whichever is less, for a period of three years from the completion of the building ' ·:s!~ clause 6 makes the following amendments in sub-section (2) at section 10 of the income-tax act:-sub-clause (i) amends clause (vi) to secure that in respect of buildings erected after the 31st march, 1961 by an employer for the residence of persons employed in the business carried on by him and receiving remuneration not exceeding rs 200 per month, an initial depreciation of 20 per cent of the actual cost of the buildings will be allowed for the year of their erection sub-clause (ii) makes an amendment to clause (vib) to secure that in respect of new plant or machinery installed on or after the 1st april, 1961, the development rebate will be admissible at the rate of 20 per cent of the actual cost thereof in the case of new ships, however, the existing rate of 40 per cent remains unchanged sub-clause (iii) inserts a new clause (vic) to provide that subject to certain conditions where a company is amalgamated with another company or where a firm is converted into a private company and ship, machinery or plant on which development rebate is admissible to the predecessor is transferred by the predecessor to the successor, the development rebate already allowed in respect of the asset transferred will not be withdrawn and any unutilised portion of the development rebate shall be available to the successor sub-clause (iv) inserts a new clause (xiva) to enable an approved financial corporation engaged in providing long term finance for industrial development to claim as a deduction from its taxable profits, amounts appropriated to a special reserve account, not exceeding 10 per cent of the total income till the amount carried to the reserve account equals the paid-up capital - of the corporation sub-clause (v) amends clause (xv) to provide that no allowance on account of expenses for entertainment shall be made in the case of an assessee other than a company and further, that in the case of companies, the amount allowable shall be restricted to certain specified limits clause 7 extends the benefit of the five year tax holiday at present enjoyed by new industrial undertakings under section 15c to new hotels which start functioning on or after the 1st april, 1961 a~ satisfy certain conditions and also amends sub-section (4) to enable the central board of revenue to prescribe rules for computing the amount of the dividend exempt under the said sub-section clause 8 amends section 2sa of the income-tax act to secure that the provisions of that section shall not be applicable to a company in which at least 75 per cent of the share capital is held by charitable institutions or funds income whereof is exempt under clause (i) of sub-section (3) of section 4 of the income-tax act clause 9 makes amendments to section 35 of the income-tax act, consequential to the amendments proposed in sub-clause (iii) of clause 6 clause 10 amends section 56a of the income-tax act by extending the application of that section to the dividends paid by an indian company engaged in the manufacture of refractories clause 11 read with the second schedule seeks to increase the import duties on certain items the principal changes are:-(i) the duty on betelnuts is proposed to be increased by approximately 36%; (ii) the duty on tobacco, unmanufactured, is proposed to be increased by approximately 50%; (iii) the duty on textile manufactures, not otherwise specified, is proposed to be raised from 50% to 100%; (iv) the duty on iron and steel manufactures, not otherwise specified, is proposed to be raised from 35% to 50%; (v) the duty on certain items of machinery and their component parts is proposed to be raised from 10% to 15%; (vi) the duty on electrical as well as certain non-electrical instruments, apparatus and appliances is proposed to be increased by 25% to 33%; (vii) the duty on certain railway materials is proposed to be raised from 20% to 25%; - (viii) increases in duty are proposed on the residuary tarift item "all other articles not otherwise specified" and on various other less important articles; (ix) on a number of articles on which central excise dutie& have been imposed or are being levied at present provtsiclll is being made for the levy of a countervailing import duty this is necessary in order that the indigenous producer or m8du-facturer of these articles is not placed at a disadvantage in comparison with the importer clause 12 seeks to maintain for another year the statu qvo eln regard to commitments under the general agreement on tariffs add trade c1cl1lml 18-sub-clause (a) proposes an increase in the rate of excise duty on coffee sub-clause (b) (1) seeks to substitute the existing rates of excise duty on flue cured tobacco used in the manufacture of cigarettes by a single flat rate of duty and also proposes an increase in the rates of duty on certain forms of other than flue cured tobacco and on stalks sub-clause (b) (2) proposes an increase in the rates of duty on certain high priced cigarettes and also seeks to rationalise the rates of duty on cigars and cheroots sub-clause (c) seeks to increase the rate of excise duty on kerosene sub-clause (d) proposes an increase in the rate of excise duty on diesel oil not otherwise specified sub-clause (e) proposes an increase in the excise duty on vegetable product sub-clause (f) proposes an increase in the rates of excise duties on pigments, colours, paints, enamels, varnishes, blacks and cellulose lacquers sub-clause (g) proposes to levy an excise duty on soda ash, caustic soda, glycerine, coal tar dyes, patent or proprietary medicines not containing alcohol and certain cosmetics and toilet preparations sub-clause (tb) proposes to levy an excise duty on plastics and on cellophane - sub-clause (i) proposes an increase in the rates of duty on all varieties of paper except printing and writing paper sub-clause (j) proposes to levy an excise duty on cotton yarn and woollen yam sub-clause (k) proposes to levy an excise duty on glass and glassware and china and porcelainware sub-clause (1) proposes to levy an excise duty on certain manufactures of copper and its alloys and of zinc sub-clause (m) seeks to levy an excise duty on aluminium pipes and tubes sub-clause (n) proposes to levy an excise duty on air conditioning machinery sub-clause (0) proposes to levy an excise duty on wirelell receiving sets - sub-clause (p) proposes an increase in the permissible 1imit of the excise duty on matches ·from 57 to 65 np per 1000 matches or fraction thereof sub-clause (q) proposes to levy an excise duty on refrigerators and parts thereof clause 14 seeks to make certain amendments in the central sales tax act, 1956 consequent on the proposal to levy an additional duty of excise in lieu of sales tax on silk fabrics clause 15 proposes to levy an additional duty of excise in lieu of sales tax on silk fabrics and seeks to make consequential amendments in the additional duties of excise (goods of special importance) act, 1957 it also seeks to make certain changes in the rates of additional excise duty on cigars and cheroots and on cigarettes clause 16 seeks to make certain amendments to the entry relating to policies of insurance in schedule i to the indian stamp act, 1899, in order to remove certain difficulties which have arisen as a result of the decimalisation of the stamp duty clause 17, like section 23 of the finance act, 1960 provides that salt shall be duty free for another year financial memorandumthe bill seeks to levy new excise duties on-1 soda ash 2 caustic soda 3 glycerine 4 coal tar dyes 5 cosmetics and toilet preparations 6 patent or proprietary medicines 7 plastics 8 cellophane 9 cotton yam 10 woollen yam 11 china and porcelainware 12 glass and glassware 13 copper and alloys of copper 14 zinc 15 aluminium pipes and tubes ~6 wireless receiving sets 17 air conditioning machinery 18 refrigerators these levies wul necessitate the employment of some additic)jlal std the increase in staff together with incidental expenses of administration is estimated to cost rs 10·55 lakhs per annum " i volume of work: there are about 800 units which are now to be brought under qxcise control ii requirement of personnel and finance:for the field organisation no annual emolummts cost its its a officers-:1 x 8,880 - assistant collectors supenntendents-qass i class ii 4 6 4 x 8,880 6 x 7,°56 | no | annual ||-------------------------------------|-----------|| coil | || - | || emoluments | || rs | || rs | || b | staff- || deputy superintendents (executive) | || 40 | || 40 | || x | || 5,77~ | || 2,31,000 | || inspectors | || 60 | || 60 | || x | || 3,746 | || 2,24,7 | || 60 | || sub-inspectors | || 60 | || 60 | || x | || 1,832 | || 1,09,920 | || dy superintendents (ministerial) | || 2 | || 2 | || x | || 4,710 | || 9>42 | || 0 | || head | aerks || 10 | || 10 | || x | || 3,746 | || 3704 | || 60 | || upper division clerks | || 28 | || 28 | || y | || 2,548 | || 7 | || 1 | || ,344 | || lower division clerks | || 3 | || 0 | || 30 | || x | || 1,804 | || 54,120 | || stenotypists | || 12 | || 12 | || x | || 2,044 | || 24,528 | || c | || incidental expenses including class | || iv staff, contingencies etc | || 104 | || 0,000 | || total | || ra | || 9,98,168 | || or rs | || 10'00 | || lakhs | |for lhe office of lhe cmlral board of reo,""e | \ | officers- ||----------------------------------|-------------|| j | || i | || i x | || 13,140 | || j | || x | || 7,800 | || under secretary | || section officer | || 13,14 | || 0 | || 7,800 | || b | swf- || assistants | || stenographer | || upper division clerk | || lower division clerks | || 15,456 | || 3,864 | || 2,548 | || 7,216 | || | x || 3,864 | || i | || x | || 3,864 | || i | || x | || 2,548 | || 4 | || x | || 1,804 | || 4 | || 1 | || i | || | || c incidental expenses including | || aass | || iv staff, contingencies, etc | || 5,000 | || total | - || ri | || 55,024, | || or rs | || 55,000'00 | | a billto give effect to the financial proposals of the central government for the financial year 1961-62 the president has, in pursuance of clauses (1) and (3) of article ii7 and clause (1) of article 274 of the constitution of india, recommended to the lok sa bha, the introduction and consideration of the bill secretary (shri morarji desai ,ministe1' of finance) | Parliament_bills | 86d9ecd7-7a16-580d-96e9-67b115e2fcf8 |
bill no xxxvii of 2016 the water conservation authority of india bill, 2016 a billto provide for the establishment of a water conservation authority for the conservation ofwater of the rivers, ground and rainwater through traditional means of ponds, wells, canals, trenches, etc and by building reservoirs, bunds and check dams, reviving dried rivers, making trenches in riverbeds, building recharge shafts, deepending and widening canals and ponds, building permanent water conservation structures by means of rainwater harvesting to recharge the groundwater, encouraging people to participate in water conservation movement and plantation of trees in a big way and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the water conservation authority of india act, 2016short title, and commencement(2) it shall come into force with immediate effectdefinitions52 in this act, unless the context otherwise, requires,—(a) ''appropriate government" means in the case of a state, the government ofthat state and in other cases the central government;(b) "authority" means the water conservation authority of india established under section 3;(c) "prescribed" means prescribed by rules made under this act53 (1) the central government, shall as soon as may be, but within one year of the commencement of this act, by notification in the official gazette, establish a water conservation authority of india for the purposes of this actestablishment of the water conservation authority of india(2) the authority shall be a body corporate by the name aforesaid having perpetual succession and common seal with power to acquire, hold and dispose off property, both movable and immovable and to contract and shall by the said name sue and be sued;10(3) the headquarters of the authority shall be at aurangabad in the state of maharashtra and the authority may with the prior approval of the central government, establish offices at such other places in the country as it may deem necessary for carrying out the purposes of this act;(4) the authority shall consist of the following members, namely:—15(a) the union minister of water resources, who shall be the chairperson ex-officio;(b) a deputy chairperson to be appointed by the central government having the background or specialisation in water conservation and such other qualification as may be prescribed;(c) five members of parliament of whom three shall be from lok sabha and two from the rajya sabha to be nominated by the presiding officer of the respective house;25(d) four members to be appointed by the central government to represent the union ministries of agriculture and farmers welfare, finance, drinking water and sanitation and rural development, respectively;(e) not more than four members to be appointed by the central government, in consultation with the governments of the states representing governments of the states, in the alphabetical order, and it shall be ensured that all the states get represented in the authority, by rotation;30(5) the salaries and allowances payable to and other terms and conditions of service of the deputy chairperson and other members of the authority shall be such, as may be prescribed35(6) the authority shall have a secretariat with such number of officers and staff headed by a secretary who shall be the member secretary of the authority, with such terms and conditions of service, as may be prescribed from time to time(7) the authority shall observe such procedure in the transaction of its business as may be prescribedfunctions of the authority404 (1) the authority shall formulate and execute a comprehensive action plan for the conservation of water of rivers, ground and rainwater throughout the country and perform such other functions relating to water conservation as may be assigned to it by the central government(2) without prejudice to the generality of the provisions of sub-section (1) the action plan for the conservation of water may also include,—45(a) building adequate number of reservoirs at conspicuous places in differentparts of the country, particularly in desert and drought prone areas;(b) reviving all the dried rivers and make trenches in all the river basins; (c) constructing bunds and check dams on river beds;(d) works relating to deepening and widening canals and ponds; (e) building recharge shafts and construction of sufficient number of trenchesat appropriate places;(f) building permanent water conservation structures and provision for recylingof wastewater;5(g) desiltation of existing reservoirs, ponds, canals and such other water bodies; (h) recharging shafts for dried up borewells, village ponds and hollows; (i) reviving all the lost ponds and lakes; (j) encouraging people to participate in water conservation in particular schoolchildren and villagers to build water conservation structures;10(k) advising the appropriate government to make rain water harvestingcompulsory in all government buildings, public parks and places, households and establishments and educate the masses about rainwater harvesting;(l) advising the appropriate government to diversify water guzzling crops;15(m) giving wide publicity through radio, videos, pamphlets, booklets, hoardings,and through print and electronic media the importance of water conservation;(n) encouraging tree plantation as a movement; (o) such other functions as may be deemed necessary for carrying out thepurposes of this act205 (1) the central government shall, after due appropriation made by parliament bylaw in this behalf, provide adequate funds to the authority every year for the purposes of this actcentral government to provide funds25(2) the authority shall maintain proper accounts and other relevant records andprepare an annual statement of accounts in such form as may be prescribed and the accounts shall be audited by the comptroller and auditor general of india at such intervals as may be specified by himannual report6 the authority shall for each financial year prepare in such form as may be prescribed,its annual report giving a full account of its activities during the previous financial year andsubmit a copy thereof to the central government30 7 the central government shall cause the annual report and the audit report, togetherwith a memorandum of action taken thereon, of the authority to be laid before each house of parliamentannual report and audit report to be laid before parliamentact to have overriding effect8 the provision of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force359 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forceact to supplement other lawspower to make rules10 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsmarathwada and madhya maharashtra in the state of maharashtra, various parts of karnataka, bundelkhand and some other parts of the country recently faced worst crisis of water shortage and some parts had even to rush drinking water through trains from other parts of the country to quench the thirst of the people and livestock this grim situation has taught the people the importance of water and consequences of wasting it and importance of saving it in coming years, water shortage will be major challenge but today most of the rainwater and water of the river goes waste in the oceans groundwater resources have been used for all kinds of purposes from agriculture through tubewells in farming areas to cities where ground water is increasingly being used as the primary water source through borewells, handpumps, well etc in farm sector water guzzling crops such as sugarcane, paddy, etc are being cited for receding levels of ground water in fact the unregulated usage of ground water has led to massive exploitation of this precious resourceso there is urgent need for water conservation in the country the rain water has to be conserved through rainwater harvesting and other means similar action has to be taken for the conservation of river water for this purpose, it is felt that national authority for the conservation of water be established to concentrate on this vital requirement of life and through conservation, problem of water scarcity and shortage can certainly be brought down if not eliminatedhence this billraj kumar dhoot financial memorandumclause 3 of the bill provides for the establishment of water conservation authority of india clause 5 makes it obligatory for the central government to provide adequate funds to the authority every year the bill if, enacted will involve expenditure from the consolidated fund of india though it is not possible to quantify the exact amount that will involve but it is estimated that a sum of one lakh crore rupees may involve as recurring expenditure per annumnon recurring expenditure to the tune of five lakh crores rupees for creating the assets may also involve memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character———— a billto provide for the establishment of a water conservation authority for the conservation ofwater of the rivers, ground and rainwater through traditional means of ponds, wells, canals, trenches, etc and by building reservoirs, bunds and check dams, reviving dried rivers, making trenches in riverbeds, building recharge shafts, deepending and widening canals and ponds, building permanent water conservation structures by means of rainwater harvesting to recharge the groundwater, encouraging people to participate in water conservation movement and plantation of trees in a big way and for matters connected therewith and incidental thereto————(shri rajkumar dhoot, mp)gmgipmrnd—4921rs(s3)—10-03-2017 | Parliament_bills | 789d7fa4-a341-512f-be8d-da1c4a38e164 |
on the 25th february, 2011 bill no lxxxii of 2010 the rural electrification authority bill, 2010 a billto provide for the establishment of a rural electrification authority to ensureuninterrupted electricity supply to farmers for their agricultural activities and for providing at least one bulb connection to every dwelling in rural india and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the rural electrification authority act, 2010(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "authority" means the rural electrification authority established under section 3;(b) "prescribed" means prescribed by rules made under this act;5 9 of 1910 54 of 1948(c) words and expressions used but not defined in this act and defined in the indian electricity act, 1910 and the electricity (supply) act, 1948, shall have the meanings respectively assigned to them in those acts103 (1) the central government shall, by notification, establish a rural electrification authority to exercise the powers conferred on, and to perform such duties and functions assigned to it under this actestablishment of the rural electrification authority(2) the authority shall consist of not more than five members appointed by the central government from amongst the persons having domain, knowledge and professional expertise in the field of power generation, electrical maintenance, distribution and agriculture of whom at least two shall be from amongst the farmers15(3) the central government shall appoint one of the members to be the chairman of the authority(4) the head office of the rural electrification authority shall be in delhi (5) the authority may appoint a secretary and such number of officers and employees as it considers necessary on such terms and conditions as may be prescribed20(6) the qualifications and experience, term of office and allowances of the members, officers and employees of the authority shall be such, as may be prescribed4 the powers and function of the authority shall, inter alia, include,—(i) to develop a sound, adequate and uniform national rural electrification policy;powers and functions of the authority25(ii) to provide uninterrupted power supply to the farmers for irrigation and other agricultural purposes;(iii) to provide uninterrupted power supply to the village and cottage industries and village artisans engaged in self-employment in villages;(iv) to provide at least one bulb connection of electricity in every dwelling unit of each village in the country;30(v) to give attention to the drought prone areas by establishing power units for power generation under public private partnership exclusively to cater the requirements of the rural sector in the country;35(vi) to carry out the investigations and to collect and record the data pertaining to the generation, distribution and utilisation of power in the rural sector and the development of the power resources in the rural areas;(vii) to co-ordinate the activities of the national and state planning agencies particularly in relation to the control and utilisation of power resources for the rural sector;| ( ||-------------------------------------------------------------------------------------|| and utilisation of power and such other related matters from time to time || 40 || funds for the || authority || 5 the central government shall provide, from time to time, after due appropriation || made by parliament by law, adequate funds for the rural electrification works to be || undertaken by the authority and for the administrative expenses of the authority |rural electricity development fund56 the authority shall have a fund to be called the rural electricity development fund to which all moneys received from the central and state governments for the purposes of rural electrification and from all other sources such as the rural consumers, private sector generating electricity for rural sector, etc shall be credited and all payments by the authority towards electrification expenditure shall be made therefrom7 the authority shall establish new power generating stations in any area in which it is required by any scheme of the authorityauthority to establish new power generating stations8 the authority may supply electricity to the farmers at such subsidised rates as may be prescribed from time to timeauthority to provide electricity at subsidised rates to farmers109 it shall be the duty of the authority to provide one bulb connection and supply ofelectricity thereto free of cost to the scheduled caste, scheduled tribe and other backward class including minorities and below poverty line families residing in rural areas of the countryone bulb connection to be free of cost for the scheduled caste, scheduled tribe and other backward class including minorities and below poverty line residing in rural areas effect of other laws159 of 1910 54 of 194810 save as otherwise provided in this act, the provisions of this act shall be in addition to and not in derogation of the indian electricity act, 1910 and the electricity (supply) act, 1948power to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsour country is facing an acute shortage of power in the industrial sector, the agricultural sector and the household our power stations are producing electricity much below their generating capacity whereas the demand for electricity is increasing day-by-day in all the sectors it has been observed that while distributing the electricity, the electricity boards and undertakings give priority to the urban areas and the industrial sector thereby neglecting the rural areas particularly the agricultural sector very often it has been seen that the electricity meant for rural areas is diverted to the urban areas nobody bothers when the electricity is cut off to the rural areas for days together even if the crops of the hapless farmers are drying in the absence of the waterseventy per cent of the population of the india is living in villages and lacks facilities to live a decent life and sufficient earning to meet both ends this compels the new generation to migrate to towns this migration is not only disturbing the development of the towns, but also destabilising the village economy it is the need of the day that all infrastructural facilities and employment opportunities be provided to promote the young generation in their development at the place of their stay only as most of the population in the country is engaged in agriculture and agriculture-related small and cottage industries, it is our bounden duty to give uninterrupted power supply to the agricultural sector it is also necessary to provide at least one bulb connection to every household including every dwelling unit in the country to achieve these objects, it is proposed to establish a rural electrification authority to provide electricity exclusively to the rural areas and uninterrupted electricity supply to the agricultural sector including drought prone areas and give at least one bulb connection to every household in the villageshence this billshadi lal batra financial memorandumclause 3 of the bill provides for establishment of the rural electrification authorityclause 5 provides that central government shall provide funds to the authority clause 6 provides for creation of a rural electricity development fund to which the central and state governments shall contribute for the purposes of rural electrification and from all others sources such as rural consumer, private sector generating electricity for rural sector etc shall be creditedclause 7 of the bill provides that rural electrification authority shall establish new power generation station the bill, if enacted, will involve expenditure from the consolidated fund of india and it is difficult to calculate the expense at this juncture a non-recurring expenditure of rupees one hundred crore may also involve from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the deligation of legislative power is of normal character————— a billto provide for the establishment of a rural electrification authority to ensure uninterruptedelectricity supply to farmers for their agricultural activities and for providing at least one bulb connection to every dwelling in rural india and for matters connected therewith and incidental thereto—————(shri shadi lal batra, mp) | Parliament_bills | 36d67914-c441-53bc-8144-f0005118cd32 |
the salaries and allowances of members of parliament (amendment) bill, 1958(as introduced in lok sabra) the salaries and allowances of members of parliament (amendment) bill, 1958 (as introduced in lok sabha)a bill further to amend the salaries and allowances of members of parlia- ment act, 1954 be it enacted by parliament in the ninth year of the republic of india as follows:-1 this act may be called the salaries and allowances of mem- short title ben of parliament (amendment) act, 1958 z in section 2 of the salaries and allowances of members of amendment parliament act, 1954 (hereineiter referred to as the principal of lection2 act),-(a) in clause (b), for the words "but does not include", the words "but, save as otherwise expressly provided in this act, does not include" shall be substituted; (b) in clause (d), in sub-clause (i), for the words "end of the session", the words "date on which the house of parliament is adjourned sine die or for a period exceeding seven days" shall be, and shall be deemed always to have been, substituted 3 in section 3 of the principal act, for the word "plus", the words amenllment "and subject to any rules made under this act", shall be, and shall oflection 3· be deemed always to have been, substituted 4 in section 4 of the principal act,-amendment of section 4 (a) in sub-section (1) ,-(i) after the words "every journey performed by him", the words "in india" shall be inserted; (ii) for sub-clause (i) of clause (c), the following subclause shall be, and shall be deemed always to have been, substituted, namely:-"(i) where the journey or any part thereof is performer by steamer, an amount equal to one and three- s fifths of the fare (without diet) for the highest class in the steamer for each such journey or part thereof, or, if there is no regular steamer service, such amount for each such journey or part thereof as may be prescrlb- 10 eel by rules made under section 9;"; (b) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) there shall be psid to a member in respect of a journey performed by him in the course of a tour outside india undertaken in the discharge of his duties as such 15 member, such travelling and daily allowances as may be prescribed by rules made under section 9" substitution 5 for section 6 of the principal act, the following section shall of new lee- be substituted namely:-hon for ' section 6 free transit by railway "6 (1) every member shall be provided with one free 20 ilon-transferable first class pass which shall entitle him to travel at any time by any railway in india explanation-for the purposes of this suh-sectioll, a member shall include a minister as defined in the salaries and allowances of ministers ad, 1952! and an officer of parliam~nt 25 58f 1952 as defined in the salaries and allowances ef officers of parlia· ment act, 1953, other than the chairman of the council of 20 of i953 states (2) a free railway pass issued to a member under subsection (1) shall be valid for the term of his office and on the ~o ~piration of such term, the pass shall be surrendered to the secretary of the house of the people or the council of states, as the case may b~: provided that where any such pass is issued to a new member before he takes his seat in either house of pal'liament, he 35 shall be entitled to use the pass for attending a session of that house for taking his seat therein (3) until a member is provided with a free railway pass under 5ub·section (1), he shall be entitled to an amount equal to one flnt class fare for any journey of the nature referred td 40 in sub-section (1) of aection 4 performed by him by rail (4) a member who on ceasing to b a member surrenclers hill pass under sub-section (2), shall, if he perfonns any return journey by rail of the nature referred to in sub-section (1) of section 4, be entitled, in respect of that journey to an amount 5 equal to one first class fare (5) nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this act" afmend~edt 6 in section 7 of the principal act, for the words "where the o soctlon 7 _ i b t h f f h f 10 m~'t:rva e ween t e termmation 0 one session 0 a ouse 0 is parliament or, as the case may be, one sitting of a committee and the commencement of another ~ssion or sitting at the same place", the following words shall be, and shall be deemed always to have been, substituted, namely:-"where the interval between the date on which a house of parliament is adjourned and the date on which it re-assembles at the same place after such adjournment or, as the case may be, between one sitting of a committee and the commencement of another sitting at the same place" 7 in section 9 of the principal act,-amondment 20 of section 9 (a) after sub-section (2), the following sub-section shall be inserted, namely:-25 "(2a) a member of the joint committee shall hold office as such member for one year from the date of his nomination and any casual vacancy in the joint committee may be filled by nomination by the chairman of the council of states or the speaker of the house of the people, as the case may be 30 explanation-in the case of a member of a joint committee holding office as such immediately before the commencement of the salaries and allowances of members of parliament (amendrlent) act, 1958, the period of one year shall be computed from the date of such commencement"; (b) in sub-section (3) ,-35 (i) after the word "may", the words "after consultation with th'e central government" shall be inserted; (ii) in clause (c), the following words shall be added at the end, namely:-"and the reduction of the daily allowance where a member is provided with free board or lodging at the expense of the government or a local authority;"; (iii) after clause (d), the following clauses shan be inserted, namely:-"(dd) the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service; s (ddd) the travelling and daily allowances admissible for journeys performed by a member in the course of a tour outside india undertaken in connection with his duties as such member;"; (c) after sub-section (4), the following sub-section shall 10 be inserted, namely:-" (5) all rules made under this section shall be laid for not less than thirty days before each house of parliament as soon as possible after they are made, and shall be subject to such modifications as parliament may make is during the session in which they are so laid or the session immediately following" amendedt of ecolon 10 8 section 10 of the principal act shall be re-numbered as subsection (1) thereof, and after the said sub-section as so re-numbered, the following sub-sections shall be inserted, namely:-20 "(2) all travelling and daily allowances paid to a member befote the commencement of the salaries and allowances of members of parliament (amendment) act, 1958, in respect of journeys performed by him in the course of a tour outside india in the discharge of his duties as such member, shall be deemed 2s to have been validly paid and the payment of such allowances shall not be called in question by any authority (3) all rules providing for any of the matters included in sub-section (3) of section 9 by the salaries and allowances of members of parliament (amendment) act, 1958, made 30 before the commencement of that act and in force at such commencement shall be deemed to have been validly made as if the said sub-section as amended by that act had been in force on the date on which such rules were made" statement of objects and reasonsthe working of the salaries and allowances of members of parliament act, 1954, has presented certain difficulties in the matter of the reimbursement of the cost of travel by rail to a member when he has to perform his first journey from his usual place of residence to attend parliament before receiving a rail pass and his return journey to his place of residence after surrendering the pass the act does not provide for such reimbursement there is also no provision in the act for the payment of travelling allowances to members going abroad with parliamentary delegations, for journeys by sea otherwise than by steamer and the quantum of daily allowance which should be paid when a member is provided free board or lodging by the central or a state government or local authority the bill seeks to remove these difficulties the bill also seeks to provide for the issue of rail passes to ministers and officers of parliament other than the chairman of the council of states in the same way as they are provided to members of parliament opportunity has also been taken to incorporate certain clarificatory amendments s n sinha new delhi; the 18th september, 1958 financial memorandumthe bill provides for the payment of rail fare in cash to a member of parliament in case he has to perform his first journey from his usual place of residence to attend parliament before receiving a rail pass and his return journey to his place of residence after surrendering the pass as such payments will be in lieu of rail passes, no additional expenditure is involved in this provision the bill also provides for the issue of a first class rail pass to every minister and officer of parliament other than the chairman of the council of states in the same way as every member of parliament is entitled to receive it is not possible to indicate with any degree of accuracy the expenditure likely to be involved through this provision under the salaries and allowances of members of parliament act, 1954, a joint committee of members of parliament was empowered to make rules to provide for certain specified matters this bill further empowers the committee to make rules regarding certain other matters such as the quantum of allowances which should be paid to members going abroad with parliamentary delegations or when travelling by sea otherwise than by a steamer and when treated as state guests the delegation is of a normal character (30 of 1954) - - - - z in this act,-- - - - (b) "member" means a member of either house of parliament, but does not include-20 of i9s) (i) a minister as defined in the salaries and allowances of ministers act, 1952; and 58 of 19'a (ii) an officer of parliament as defined in the s laries and allowances of officers of parliament act, 1953; - - - - ,(d) "period of residence on duty" means the period during which a member resides at a place where a session of a house of parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sittini: or for the purpose of attending to such other business, and includes-(i) in the case of a session of a house of parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately s'lcceeding the end of the session; and (ii) in the case of a sitting of a committee or any other business, a period of such residence, not exceeding two days immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two days, immediately succeeding the conclusion of the business of the committee or other business; explanatiort-a member who ordinarily resides at a place where a session of a house of parlian:umt or a sitting ot a committee is held or where any other business connected with his duties as such member is transacted shall, for the duration of the session or sitting or the time occupied for the transaction of other business (including the three or two days immediately preceding or succeeding), be deemed to reside at such place for the purpose of attending such session or setting or, as the case may be, for the purpose of attending to such other business; - - - - 3 a member shall be entitled to receive a salary at the rate of !u-:riea daily four hundred rupees per mensem during the whole of his term of allowance, office plus an allowance at the rate of twenty-one rupees for each day during any period of residence on duty 4 (1) there shall be paid to each member in respect of every travellilll journey performed by him for the purpose of attending a session of allowancea a house of parliament or a meeting of a committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence-(a) if the journey is performed by rail, an amount equal to one first class fare plus one third class fare for each such journey, irrespective of the class in which the member actually travels; (b) if the journey is performed by air, an amount equal to one and one-fourth of the air fare for each such journey; (c) if the journey or any part thereof cannot be performed by rail or air-(i) where the journey or any part thereof is performed by steamer, an amount equal to one and three-fifths of the fare (without diet) for the highest class in the steamer for each such journey or part thereof; (ii) where the journey or any part thereof is performed by road, a road mileage at the rate of eight annas per mile for each such journey or part thereof explanation-for the purposes of sub-clause (ii) of clause (c) of this sub-section, the expression "journey" shall include the journey from and to the railway station, port or aerodrome to and from the usual place of residence of the member or, as the case may be the residence of the member at the place where the session of the house of parliament or a meeting of the committee is to be held or where any other business is to be transacted - - - - free transit 6 every member shall be provided with one free non-transferaby railway ble first class pass which shall entitle him to travel by any railway in india at any time, but nothing contained in this section shall affect the payment of any travelling allowance payable to a member under any other provision of this act ~l,?wan'r rt 7 where the interval between the termination of one session of i~~l~: 0 a house of parliament or, as the case may be, one sitting of a combet tw~nttbe mittee and the commencement of another session or sitting at the ci1dui& ion dfonesession same place does not exceed seven days and the member concerned iddmm t~ elects to remain at such place during the interval, he shall be enco en -ment of titled to draw for each day of residence at such place a daily allowanother etc ance at the rate specified in section 3: lession, provided that if the member leaves such place during the interval, his absence from the place shall be treated as absence during a session of a house of parliament or a sitting of the committee, as the case may be, and the provisions of section 5 shall apply accordingly - - - power 10 9 (1) for the purpose of making rules under the ~ction, there mate rula shall be constituted a joint committee of both houses of parliament consisting of five members from the council of states nominated by the chain-nan and ten members from the house of the people nominated by the speaker (2) the joint committee constituted under sub-section (1) shall elect its chairman and shall have power to regulate its procedure (j) the joint committee constituted under sub-section (1) may make rules to provide for all or any of the following matters, namely:-(a) the routes for the performance of any journey; (b) the manner in which fractions of a day shall be dealt with for the purpose of determining the daily allowance admissible for that day; , (c) the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey; (d) the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence; (e) the form in which certificates, if any, shall be furnished by a member for the puipo3€ of claiming any allowance under this act; (f) medical, housing, telephone and postal facilities mentioned in section 8; and (g) generally for regulating the payment of daily and travelling allowances under this act (4) any rules made under sub-section (3) shall not take effect until they are approved and confirmed by the chairman of the council of states and the speaker of the house of the people and are published in the official gazette, and such publication of the rules shall be conclusive proof that they have been d·uly made 10 where a member is entitled to receive travelling allowance validation in respect of any journey performed by him by a railway before~: :~~n! the commencement of this act, he shall, notwithstanding the aboli- travelling tion of first class accomill99atiw) on such railway, be entitled and allowances be deemed always to have been entitled to receive travelling allowance in respect of such journey at the rates admissible to him in accordance with the law then in force, as if the first class accommodation had not been abolished on such railway and as if the member had in fact travelled by first class and, accordingly, the payment of any travelling allowance to such member in respect of such journey at the aforesaid rates shall be deemed to have been validly made and shall not be called in question' by any authority on the ground only that the first class accommodation had been abokished 01\ : such railway and that the member had not in fact travelled by first class a billfurther to amend the salaries and allowances of members of parliament act, 1954 , the president has, in pursuance of clause (3) of article 117 of the constitution of india recommended to lok sabha the consideration of the bill secretary (shri satya narayan sinha, minister of parliamentary affairs) | Parliament_bills | a8c9c63f-d970-5101-ab54-dd7b1f24b8eb |
bill no lxiv of 2012 the constitution (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:—1 (1) this act may be called the constitution (amendment) act, 2012(2) it shall come into force with immediate effectshort title and commencementamendment of article 124 2 in article 124 of the constitution for clause (7), the following shall be substituted, namely:—5"(7) no person who has held office as a judge of the supreme court shall plead or act or express written opinion or engage in arbitration in any court or before any authority within the territory of india and outside india:10provided that he may do so upon a request made by the president or the prime minister of india or the governor or the chief minister of a state in a matter of national interest" statement of objects and reasonsarticle 124 (7) of the constitution which deals with the post retirement activity of the supreme court judges prohibits practice by supreme court judges after their retirement it has, however, been observed that some of the judges after ceasing to hold the office, engaged themselves in chamber practice in the form of written opinion under signature given for use of in any court, tribunal or authority and in paid arbitration work done while heading a commission availing the benefits of the perquisites or salary a former attorney-general had expressed grave concern over former chief justices of india filing affidavits on behalf of private litigants in the us courts instances of such kind impinge on the credibility of the institution of higher judiciary in india on which lies the greatest responsibility for preservation of the principles of constitutionthis issue has been assuming significance in recent years in view of the increasing demand for judicial reforms from various quarters from time to time the proposed amendment in article 124 of the constitution is, therefore, required to ensure and strengthen the judicial independence and to maintain the credibility of the higher judiciary which are of paramount importance to our democracyhence this billhk dua annexure extracts from the constitution of india| | | | | | ||------|------|------|------|------|-----|124 (1) (2) establishment and constitution of supreme court(2a) (3) (4) | ( | 5 | ) | | | | | ||-----|-----|------|------|------|------|------|-----|(6) (7) no person who has held office as a judge of the supreme court shall plead or act in any court or before any authority within the territory of india rajya sabha———— a billfurther to amend the constitution of india————(shri hk dua, mp)gmgipmrnd—3975rs(s3)—07-12-2012 | Parliament_bills | 55656904-d6d0-5140-b1e0-d17b246349fd |
memorandum regarding delegated legislationclause 3 of the bill proposes to amend section 3 of the agricultural and processed food products export development authority act, 1985 so as to empower the central government to add or omit any agricultural or processed food product in the proposed first schedule or the second schedule of the act by a notification in the official gazette 2 clause 5 of the bill empowers the central government to make rules by notification in the official gazette for the measures to be undertaken by the agricultural and processed food products export development authority for registration and protection of intellectual property rights in respect of special products in india or outside india 3 the matters in respect of which the notification may be issued or rules may be made are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, ofa normal characteri annexure extracts from the agricultural and prrocessep foop propucts export developmentautuortry act, 1985 (2 of 1986) definitions 2 in this act, unless the context otherwise requires, - > (g) "processing" in relation to scheduled products includes the process of preservation of such products such as canning, freezing, drying, salting, smoking, peeling or filleting and any other method of processing which the authority may, by notification in the official gazette, specify in this behalf; (i) "scheduled product" means any of the agricultural or processed food products included in the schedule 3 the central government may, having regard to the objects of this act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, | power ||-----------|| amend || schedule |as the case may be, omit from, the schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be, or shall cease to be, a scheduled product chapter ii agricultural and processep foop propucts export development authority4 ( 1) (4) the authority shall consist of the following members, namely:— establishment and constitution of the authority ' (a) twelve members to be appointed by the central government to represent,— (iif) other scheduled products industries; 32 (2) 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:— | Parliament_bills | fe780505-22c7-5da3-a60c-c6bb9cbcd5e7 |
as introduced in lok: sabra on if 8 augf!i) bill no 185 of 1981 the burmah oil company [acquisition of shares of oil india limited and of the undertakings in india of assam oil company limited and the burmah oil company (india trading) llmited] bill, 198r a billto provide in the public interest for the acquisition of the shares of oil india limited held by "the burmah oil company limited" and for the acquisition a·nd transfer of the right, title and interest of the assam oil company limited and "the burmah oil company (india trading) limited" in relation to their undertakings in india and thereby to secure that the ownership and control of crude qil and gas produced by oil india limited, and of crude oil, gas and petroleum products prrioduced by the undertakings in india of the assam oil company limited and of petroleum products marketed and distributed by the said undertakings and the undertakings m lndia of "the burmah oil company (india trading) limited" are so distributed as best to subserve the cdm'l'lwn good whereas "the burmah oil company limited" (a foreign company) ha~ at present the ownership of, and control over, a significant portion of crude oil, gas and petroleum products produced, marketed and distributed ;n india by reason of the fact that oil india limited, wherein it nolds ftftyper cent • of the shares, and one of its subsidiaries, namely, the assam oil company limited are (:arrying on the business of exploration and production of crude oil, gas and petroleum products, and the said assam oil company limited is also carrying on through its undertakings in india and through the undertakings in india of "the burmah oil company s (lldia trading) limited", another of the subsidiaries of "the burmab oil company limited", the business of marketing and distribution of petroleum products; ann whereas it is expedient in the public interest that the shares of the said oil india limited held by "the burmah oil company limited" 10 and the undertakings in india of the said assam oil company limited and "the burmah oil company (india trading) limited" should be acquired; and whereas such acquisition is for giving effect to the policy of the state towards securing the principle specified in clause (b) of article 39 15 of 'the constitution as the ownership and control of the material resources of the community, to wit, crude oil, gas and petroleum products produced by the saif\ oil india limited and by the undertakings in india of the assam oil company limited and marketed and distributed by the undertakings in india of the said assam oil company limited and "the lzo burmah oil company (india trading) limited", would by reason of such acquisitibn become vested in the state and thereby so distributed as belt to sub serve the common good; be it enacted by parliament in the thirty-second year of the republic of india as follows:-115 chapter i preliminaryshoruit1e, 1 this 'act may be called the burmah oil company [acquisition of shares of oil india limited and of the undertakings in india of assam oil company limited and the burmah oil company (india trading) 'lo limited] act, 1981 i)eftni-; in this act, unless the (:ontext otherwise requires,-tmmi (4) "appointed day" means such date as the central govemment may, by notification, appoint; (b) "bunnah oil company" means "the burmah oil company 35 limited", a company incorpora~d in scotland and having its registered office at 48, st vincent street, glasgow, scotland; (c) "government company" means a company as deftned in section 617 of the companies act, 1956; 1 of 1958 «(i) "notification" means a notification published in the ofticial40 gazette; (e) "oil india" means the oil india limited, being a company as defined in the companies act, 1956, and having its regi&te~ office 1 of 1958 at duliajan, district dibrugarh; (1) "prescribed" means prescribed by rules made under this act; 45 (g) "specified company" means a company specified in clause (a): e '' i ("> "two companies" means,-(i) the assam oil company limited, a company incorporated in the united kingdom and having its registered office at' burmah house, pipers way, swindon, engl~nd; and 5 (ii) "the burmah oil ,company (india trading) lmuted", a company incorporated in scotland and having its regjstered office at 48, st vincent street, glasgow scotland, 1 of 1958 being foreign companies within the meaning of section 591 of the companies act, 1956; jo 1 of 195(1 (i) words and expressions used herein and not defined but deftned in th~ companies act, 1956, have the meanings respectively ass~gned to them in that act chapter ii acquisition 0, the shares of oil india held by burmah oil companyis 3 (l) on the appointed day, all the shares in the cap~tal of oil fndia held by bunnah oil company shau, by virtue of this act, "'nd transferred to, and vested in, the central government (2) all the shares which have vested in the central government ~er sub-section (1) shall, by force of such vesting, be freed and discharged of 20 all trusts, liabilities, obligations, mortgages, charges, liens and otber encumbrances affecting them transfer and vesting at certain h-ares of oil india in the central government (3) any dividend payable by oil india to the shares which hay vested in th,e central government under sub-section (1) in respect of any; period beginning fi"qm the 1st day of january, 1977, shan be payable to the 2 s central government management of oil india 4 _ (1) for the purpose- of enabling oil india to function as a gov,rnrnent company, the central government may, by notift~tiqn, make such 81mnrlmenta in the memorandwn and articles of association of that com pany and such other provisions as it may consider necessary 30 (2) any amendments in the memorandum and articles of association of oil india and any other provisions made under sub-section (1) shall have- effect notwithstanding anything contained in the companies act, i of le8 1956 chapter'iii 3s aoqt1isl'l'ion oi! tiib undertakings of the two companies s oil the appoidted day, the right, title and interest of each of the two'-eolllp8llies in relation to- its undertakings in india shall, by virtue- of tms act, at_d, transferred to, and vested in, the central government transfer and vest ing in the central government ot the undertakings in india of the two companies t (l) subject to the provisions of sub-section (z), the undertakinas of each specified company shall be deemed to incllolde all assets, rights, powers, authorities and privileges and all property, mov'!ble and immovable, including any designs, trade marks, trade names, styles of labelling, station decor or any distinctive colour schemes, cash balances, reserve 5 funds, bok debts, investments and all other rights and interests in, or alisblg out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of the specified company, in relation to 1ts undertakings in india, and all books of account, registers, records and all other docu,ments of whatever nature 10 relating thereto and shall also be deemed to include au borrowings, liabilities (including the liability for the payment of taxes, if any, and for the payment of any pension and other pensionary benefits to the persons employed in relation to its undertakings in india) and obligations of whatever kind of the specified company in relation to its undertakings 15 in india; provided that remittances outside india of any mone~ for the payment of pension or other pensionary benefits shall be subject to the rules and regulations for the time being in force in relation to such remittances (2) the undertakings in india of ''the burmah oil company (india 20 trading) limited" shall not include the shares held by the said company in the tin plate company of india lirni~d, a companx as defined in the companies act, 1956, and having its registered office at 4, bankshall 1 ot 1958 street, calcutta-700001 (3) the profiti earned, or the losses suffe'1"ed, as the case may be, by 2 5 each specified company in relation to its undertakings in india from the 1st day of january, 1977, shall be payable to, or, as the case may be, borne by, the central government '4) unless otherwise expressly provided by this act, all deeds, bonds, aereements, powers of attorney, grants of legal representation and other 30 instruments of whatever nature in relation to the undertakiogs in india of a specified company subsisting or having effect immediately defore the appointed day, and to which the specifted company is a party 01'1 which are in favour of the specified company sball be of as full force and effect against or in favour of the central government and may be 35 enforced or acted as fully and effectively as if ion the place of the specifled company, the central government had been a party thereto or as if they had been issued in favour of the central government (5) if, on the appointed r\ay, any buit, appeal or other proceed~ng of whatever nature (including proceeding before any authority) in rela- 40 tion to the undertakings in india of a specified company which have been transferred to, and vested in, the central government under sectiqn 5, is pending by or against that specified company, the same shall not abate, be discontinued 'or be, in any way, prejudicially affected by reason of the transfer of the undertakings in india of the specified 45 company or of anything contained in this act but the suit, appeal or other proceeding may be continued, pro~uted 'lnd enforced by or against the central gov~rnment (6) the promotion agreement and supplemental agreement entered into on the 14th day of january, 1p58 add ithe 16th day of j'ebl'u8l'j", 0 1959, respectively, to which the central government, the burmah on 5 company ·ilhd the assam oil company limited were parties, and th~ adopting agreement and the second supplemental agreement entered into on the 14th day of march, 1959 and the 27th day of july, 1961, respectively, to which the c~ntral government, the burmah oil com) my, !; the assam oil company limited an:d oil india limited, were parties shall be deemed to have been terminated with effect from the 1st day of january, 1977, and accordingly the 'rights, liabuities and obligations arising out of such agreements shall be deemed to have been extinguished on and from that date: 10 provided that clause 12 of the said second supplemental agreement shall, in so far as it relates to the rights, liabilities and obligations of oil india limited, continue in force up to and inclusive of the financial year of that company ending on the 31st day of march, 1982 l 7 (1) every right or interest in respect of any property in india special '5 (including a right under any lease or under any right of tenancy or proviany right under any arrangement to secure any premises for any pur- sions as pose), which a specified company held, immediately before the t~ hertain appointed day, shall, notwithstanding anything contained in any other :~d t6inte_ law or in any agreement or instrument relating to such right or in- rests :20 terest, vest in, and be held by, the central government on ami after held by that day on the same terms and conditions on which the specified com~ the spedpany would hav~ held it, if no negotiations had taken place for fled comthe acquisition by the central government )f the undertakings in india ~:;le:h=eof the specified company or, as the case may be, if this act had not ap;'inted !:is been passed day (2) if at any time ::lfter the 2nd day of february, 1974 (being the date (m which the central government's policy for acquiring iundertakings engaged in the production, marketing or distribution of petroleum products was made known) and before the appointed r\ay a 30 specified company surrendered or otherwise relinquished any right or interest in respect of any property in india (including a right under any lease or under any right of tenancy or a right under any arrangement to secure any premises for any purposes), then, for the purposes 3 of this act, notwithstanding anything oontained in any other law or 5 in any ilgreement or instrument relating to such righ~ or interest, the central government shall, on and after the appointed day, be entitled to such right or interest on the same terms and conditions on which the specified company would have been entitled to such right or 40 interest if it had not surrendered or otherwise relinquished such right or interest and this act had not been passed: provided that nothing in this sub-section shall apply to any right or interest surrendered or otherwise relinquished by the specified company: before the appointed day for sufficient monetary consideration (3) on the expiry of the term of any lease, tenancy or arrangement 45 referred to in sub-section (1) or sub-section (2), such lease or tenancy or arrangement shall, if so desired by the central government, be re- newed or continued, so far as may be, on the same terms and conditions on which the lease or tenancy or arrangement was originally granted 50 or entered into 8 (1) for the removal of doubts, it is hereby declared that the prod ha removal visions of sections 5, 6 an 7 s 11 apply to the extent to which any of doubts property appertains to the bustnesa carried on by each specifled ~ompany in india; and to the rigjlts and powers acquired, and to deb, liabilities and obligations incuned, and to c<mtracts, agreements and other instruments made, by the specified company in india, and to proceedings relating to those matters pendini, in any court 01" tribuaal s or before any other authority, in india (2) if any question arises as to whether any pl'operty appertained, imlnqdiately before the appointed day, to any business of a specified company in india or whether any rights, powers, debts, liabilities or obligations were acquired or incurred or any contract, agreement or 10 other instrument was made by a specifien company for the purpuses of its business in india, or whether any documents relate to those purposes, or whether the provisions of section 7 apply in relation to any property, the question shall be referred to the central government which shall, after &iving a reasonable opportunity of being heard to the persons i s interested in the matter, decide it in such manner as it may think fit 9 (1) notwithstanding anything contained in sections 6, 6 and 7, the central government may, subject to such terms and con"ditions as it may think fit to impose, direct, by notification, that the right, title and-intetpst and the liabilities of each specilied ccmpclny i~ rejattoll to tts slo undertakings in india which have vested in that government under section 5 shall, instead of continuing to vest in the central government, vest in one or more government companies either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification "5 power of celttral government to direct vesting of the undertakings of specified companies in one or more government companies (2) when the right, title and interest and the liabilities of a specified company in relation to its undertakings in india vest in one or more government companies under sub-section (1), all the rights ann liabilities of the central govenunent in relation to such underta1dngs shall, on and from the date of such vesting, be deemed to have become the 30 rights and liabilities, respectively, of the government company or companies (3~ the provisions of sections 5, 6 and 7 shall, so far as may be, apply in relation to such government company or companies as they apply in relation to the central government and for this purpose references 35 therein to the "central government" shall be construed as references to such government company or companies - " chapi'er iv payment of amountl'aymen\ of amount to burmah oil company 10 (1) for the tr8dlfer to, and vesting in, the central gover'lmlent 40 under sediod 3 of the shares of oil india, and for the ~sfer to, _d vesting in, the central governmedt ujiaier seetion 5, of the ript, title and intermt of eaeh· ~peei&ed company in relation to its undertakinp in iadla, there shall be paid by the central government an aurepte amount of rupees twenty-one crores il'i1d ftfty·six lakha, free of tax, to 45 the burmah oil company and such amount shall be allowed to be remitted' that company in one instalment in pound sterling calculated at the rate of exchange in force on the date of such remitt:adee (2) where the amount speeifled in sub-section () is not paid on or beforetta·15th day of oetoher, 1981, it shall eory ample lntel'f'alt, flee of so wtes, attm· rate of «debt per cent 1p"'anaum bam that tate, till the date of itl ,ment •• chapl'er v provisions relating to employees11 (1) every whole-time officer or other employee of a specified company who was, immedfately - before the appointed day, employed 5 by that company in connection with its undertakings in india, and every whole-time officer or other employee of a specified company who was, immediately before the appointed day, temporarily holding any assignment outside india shall, on the appointed day, become an ,ofticer or other employee, as the case may be, of the transfer of service of existing employees of the specified com_ panies 10 central government or the concerned government company (hereinafter referred to as -the successor government company) in which the right, title and interest of the specified company in relation to its undertakings in india· have vested under this act and shall hold office or service under the central govemment, or the successor government company, as the j 5 case maybe, on the same terms and conditions and with the same rights to pensi'on, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do '0 unless and until his employment under the central government or the successor government company is duly termi'nated or until his 20 remunerati<m and conditions of service are duly altered by the central government or the successor government company, (2) subject to rules made in this behalf under section -22, every whole-time officer or other employee of oil india who was, immediately before the appointed day, employed by it in india, and every 25 whole-time officer or other employee of on india w:ho was, immediately before the appointed day, temporarily holding any assignment outside india shall, on and from that day, continue to be an officer or ouler employee of on indfa on the same terms and conditions and with the same rights to pension, gratuity and other matters as are admissible to 30 him immediately before that day and shall contmue to hold such oftlce unless and until his employme'nt 'ujlder oil india is duly terminated or -until ,his remuneration and conditions of service -are duly altered by ulat company (3) if any question arises as to whether any person was a whole-time 35 officer or other employee of a specified company, or as to whether any ofticer or other employee was employed wholly or mainly in connection with the ,undertakings of that company in india immediately oelore the appointoo day, or whether any whole-time officer or other employee of a specified company was temporarily hold-40mg' any 881ignment outslde india; the question shall be referred, within a period of two years from the appointed day, to the central government whicb shall, after giving an opportunity of being heard to the person concerned in the matter, decide i't in such manner as it thinks fit and such decision shall be final 45 (4) notwithstanding anything contained in tfre industri'al disputes !lit? act, 1947, the payment of gratuity act, 1972, or in any other law fot ! 1972 the time 'being in force, the transfer of the services of any 'officer or otberemployee, \ under sub-section (1), shall not entitle any such officer or otneremployee to any compensation or gratuity under those acts or 50 81leh other law and no such claim shall be entertained by any court, ' tribunal or other authority 12 (1) where a provident, superannuation, welfare or other fund has been established by a specified company for the beneftt of the persons employed by it in connection with its undertakings in india, or for the benefit of such persons and persons employed by oil india, the moneys relatable to the employees--provident, superannuation, welfare fund, etc (a) whose services are transferred by or under this act to the central government or the successor government company, or as the case may be, continued with oil india, or (b) who are in receipt of pension or other pensionary benefits 'mmediately before the appointed day, 10 shall, out of the moneys standing, on that day, to the credit of such provident, superannuation welfare or other fund, stand transferred to, and vested in, the central government or the successor government company or oil india, as the case may be free from any trust that may have been constituted by the specified company in respect thereof 15 (2) the moneys whlch stand transferred, under sub-section (1), to the central government or the successor government company or 011 india shall be dealt with by the central government or that company, or oil india, as the case/may be, in such manner as may be prescribed (3) the successor government company or oil india, as the case ~o may be, shall as soon as may be after the'8ppointed day, 'constitute, in respect of the moneys and other assets which are transferred to, and vesten in, it under this section, one or more trusts having objects 88 similar to the objects of the existing trust, as in the circumstances may be· practicable; so 110wever that the rights and interests of the beneft- 2s ciaries of the trust referred to in, sub-secti'on (1) are not, in any way, prejudiced or diminisned (4) where all the monpvs and other assets belon~ng to an existing trust are transferred to, and vested in the central government, or the succ~ssor government company or oil, india under this section, the 30 trustees of such-trust shall as from the date of such vesting stand discharged from the trust except as respects things done of omitted to be done before the date of such vesting chapl'er vimiscellaneous 35 meet of act on other law • 13 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in anv other law for the time being in force or in any instrument havinsz effect by virtue of any law other than this act or ir any decree or order of any court, tribunal or other authority 40 14 (1) where any property appertaining to any undertaking fn india of a specified company has been transferred to, and vested in, the central government 01" the successor government company under this act,-duty to deliver possession of properties, etc (4) every person in whose possession, custody or control any 4s sucll property may be, shall on a demand by the central govemment or the successor government company, as the case may be, deliver the property to the cent;al government ot thg' successor / government company, as the cf!se may be, forthwith; (b) &iu' penon who immediately before such vesting, hal fd ~ ~ion, ~tody or control any books, documents or other papers relating to the undertakings in india of the speci1led company, shall be liable to account for the said books, documents and 5 papent,o the central government or the successor government company, as the cue may be, and shall deliver them up to the central g<wemment or that company or to such person as the central govemmejlt or that company may authorise in this behalf (2) without prejudice to the other, provisions contained in this to section it shall be lawful for the central government or the successor government company to take all necessary steps for taking possession of·all propiefties, which have been transferred to, and vested in, it under 'jthts act 15 (1) every contraot, other than an agreement referred to jn sub-j s section (6) of section 6, entered into by a specified company for fjly ~ce, sale or supply in india, and in force immediately before t,he ~p»ointed day, shall, unless terminated under sub-section (2), within a ~ of two years from the appointed day, continue to be of full f~rce and ~ect against or in favour of the central government or, as 20 the case may be, the successor government company contrac\t to cod_ tinue unleu termldate;dby central government «s) the central government may, if it is satisfied that any contract· reftmnd ,to in sub-section (1) is uncluly onerous or has been entered into in bad faith or is detrimental to the interests of that governmellt or the successor government company, as the case may be, by order in writing, 85 either terminate such contract or make such alterations or modifications ,thwein as it may think fit: provided that the central government shall not terminate any contract or make any alteration or modification therein except after giving to the parties to the contract, a reasonable opportunity of being heard 30 and except after recording in writing, its reasons for such termination, alteration or modification, as the case may be 35 16 any pe~n who,-(a) having in his l>o'8e8sion, custody or control any property forming part of any undertaking in india of a specified company; or ~uy withl101ds such property from the central government or the t;uccessor gov~t company; or , (b) ,wrongfully obtains possession of or retains any property ~~g part of any undertaking in india of a specified company; or jc) wilfully w~thholds or fails to furnish to the central govern-~ntor tbe' succ~ssor p9ver~~t ~ompany or any person specified by thecentfal goyernment or that company, any books, documents or other papers re'!-ating to any undertaking in india of a -speeffted company which may be in his posses$ion, custody or control; or (d) fails to deliver to the central government or the successor 45 ,gpv~~qlel;lt,:co~any, any assets, books of account, registers or o~ ~~~ts ,in his possession, custody or control relating to any undertaking in india of a specifted company; or (e) wrongfully ~moves or destroys, any property forming part qf any·· uadeptajdng in tndi~ of a sve,cified com~ny shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both s offences by com panies 17 (1) where an offence under this act has been committed by a comp~y, every person who at the time the offence was commi~ cr: in charge of and was responsible to, the company for the co u eo the business 'of the company, as well as thecompany, shall be deem to be guilty of the offence and shall be liable to be proceeded agamst 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 wsi 10 committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or coil-15 nivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly 20 explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or other' association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 18 no suit, prose;;ution or other legal proceeding shall lie against the central government or the successor government company or any 25 of its officers or other employees for anything which is in good faith done or intended to be done under this act protection of action taken' in good faith cognizance of offences, _ 19 notwithstanding anything contained in the code of· criminal procedure, 1973, no court shalf take cognizance of any offence against this act except on a complaint, in writing, made by the central govern- 30 ment or any officer authorised in this behalf by that government indemnity, 20 every officer of the central government and every ofticer or other employee of the successor government company shall be indem nified by the central government or the $uccessor government company, as the case may be, against all losses and expenses incurred by 3s him in, or in relation to, the discharge ot his duties under this act excep~ such as have been caused by his own wilful act ql' default ~'" " power to remove dlfftculties 21 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the diftlculty: ' pro\'ided that no such order shall be made ·after the expiry of ' period of two years from the 'appointed day zz (1) the central government may, by notification, make rules to carry out the provisions of this act power to make rules (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 s parliament, while it is in session, for a total period of thirty days which may be comprised in o,ne 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 10 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 ~ne under that rule the bul'mah oil company limited, a foreign company, has at present the ownership of, and control over, a significant portion of the petroleum "products produced, marketed and distributed in india the said company bolds 50% of the shares of oil india limited an indian company, engaged in the exploration and production of crude oil and gas on~ of the subsidiaries of the bunnah oil company limited, namely, the assam oil company limited, a company incorporated in england, is engaged in the production of crude oil and gas, refining of crude oil and marketmg and custribution of petroleum products another of its subsidiaries, the burmah oil company (india trading) limited, a company, incorporated in scotland, was engaged in the marketing of petroleum products up to 1965 and thereafter its marketing activities were transferred to the assam· oil company ami the marketing assets of the burmah oil company (india trading) limited are now being utilised by the assam oil company limited on a rental basis in implementation of the policy for progressiv'ely securing that the ownership and control of the products of the nation's petroleum resources are vested in the state and thereby so distributed as best to subserve the common good, government entered into negotiations with the bunnah oil company limited with a view to acquiring 50% of the shares of oil india limited held by it and the undertakings in india of the assam oil company limited with a view to acquiring 50 per cent of the shares limited after d,t-tailed negotiations, it was agreed, inter alia, that the acquisition of the aforementioned shares and undertakings should be effected by an act of parliament the bill provides for the following matters, namely:-(i) acquisition of all the shares of oil india held by the dunnah oil company limited and of the undertakings in india of the assam oil company and the bunnah oil company (india trading) limited although the physical transfer of the aforementioned sbares and undertakings shall take place on the date to be notified by the government when the amount for the acquisition will also be paid, the transfer shall be deemed to be effective from 1st january, 1977, for the purpose of payment of dividends on the said shares of oil india to the central gcvernment and for the taking over of the profits and losses of the undertakings of the assam oil company limited and the burmah oil company (india trading) limited by the central government " (ii) empowering the central government to direct the vest-" ing of the undertakings in india of the assam oil company limited and the burmah oil company (india trading) umited so acquired in a government company or government companies by notification (iii) transfer of the services of the existing employees of the assam oil company limited and the burmah oil company (india trading) limited to the central ~vernment or the said government company or companies (iv) continuance c'f the contracts entered into by the assam oil company limited and the burmah oil company (india trading) limited for any service, sale or supply in india the bill seeks to achieve the above objects ni'w delhi; the 21st august, 1981 p c sethl president's recommendation under articles 117 and 2'74 of the constitution of india[copy of letter no js,(p) /7175-vol 18, dated the 22nd augwtt, 1981 £rom shri pe sethi, minister of petroleum, chemicals ancieef~ to the! secretary, lok sa bha] the president, having been informed of the subject matter filf tl1e bill to provide for the acqtlisition of the shares of oil india limited beld -by the burmah oil company 'rimited, and for the apquisition and transfer of the right, title and ,interest of the ass~ oil company ,limited, anci the bunnab oil company (india trading) limited in l'ell\tlojl to their undertakings in india and thereby to secure that the ownership and control of crucie oil and gas produced by oil india limited arv:i of crude oil, (gas and petroleumprociucte produced by the undertakings in india of the assam oil company limited and of the petroleum products marketed and rustributed by the said undertakings and the undertakings in india of the burmah oil company (india trading) limiteo, recommends under articles 117(1) and 274(1) of the constitution of india, the introduction of the bill in lok sabha, and also recommends unner article 117 (3) of the constitution of india, the consideration of the bill by lok sabba financial memorandumclause 3 of the bill provicles that on the appointed day, all the shares in the capital of oil india limited held by the burmah oil company limited shall stand transferred to, and vested in, the central government these shares shall be freed and discharged of all trusts, liabilities, obligations, mortgages, charges, liens and other encumbrances affecting them any dividend payable by oil india limited in respect of any period beginning from the 1st of january, 1977, shall also be payable to the central government clause 5 of the bill provides that, on the appointed day, the right, title and interest of the assam oil company limited and the burmah oil company (india trading) limited in relation to their undertakings in india shall stand transferred to, and vested in, the central government the profits earned or the losses suffered by each of the aforesaid two companies in! relation to its undertakings in india from the 1st of january, 1977, shall be payable to, or, as the case may be, borne by the central government clause 10(1) of the bill provides that for the transfer to, and vesting in, the central government under section 3 of the shares of oil tndia, and for the transfer to, and vesting in, the central government under section 5, of the right, title and interest of the assam oil company limited and the burmah oil company (india trading) limited in relation to their undertakings in india, there shall be paid by the central government an aggregate amount of rs 2156 crores, free of taxes, to the burmah on company limited sub-clause (2) of clause 10 of the bill provides that if the said amount is not paid on or before the 15th of octo~r, 1981, it will ca'l'ty simple interest at the rate of 8 per cent per annum from that date till the date of payment it is proposed to pay the said amount to the burmah oil company limited, before the 15th of october, 1981 the bill would, therefo'l'e, involve a total non-recurring expenditure of rs 2156 crores, free of taxes 2 the bill, if enacted, wul not involve any other recurring or nonrecurring expenditure memorandum regarding delegated l1!xlislationclause 22 of the bill seeks to confer on the central government the general rule making power for carrying out the provisions of the bill when enacted the power of making rules would be confined only to matters of detail and procedure !! the delegation of legislative power is, therefore, of a normal character /i bill to provide in the public interest for the a::quisition of the shares of oil india limited held by "the burmah oil company limited" and for the acquisition and transfer of the right, title anrt interest of the assam oil company limited and "the burmah oil· company (india trading) limited" in r~lation to their undertakings in india and thereby to secure that the ownership and control of crude oil anrt gas produced by oil india limited, and of crude oil, gas and petroleum products producen by the undertakings in india of the assam oil company limited and of petroieum products marketed and distributed by the said undertakings anrt the undertakings in india of "the burmah oil company (incua trading) limited" are so distributed as best to subserve the common good (shri p c sethi, minieter of petto~m, chemifcals and fertilizer • ) | Parliament_bills | ca797c80-d36a-5a2e-b933-ff3d9a4b0831 |
as introduced in lok sabha bill no 69 of 2015 the indian penal code (amendment) bill, 2015 byshri prahlad singh patel, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called the indian penal code (amendment) act, 2015short title45 of 18602 in section 376 of the indian penal code, 1860, after sub-section (2), the following sub-section shall be added at the end, namely,—amendment of section 3765"(3) notwithstanding anything in this section, whoever commits rape and makes its audio, video or audio-video recording either himself or through any other person, shall be punished with death(4) whoever keeps or circulates the audio, video or audio-video recording of rape with the intent to tarnish the image of a victim of rape or exploiting or harassing her, shall be punished with imprisonment which shall not be less than three years and fine which shall not be less than one lakh rupees" statement of objects and reasonsrecent increase in the circulation of audio-video clips of rape victims are causing additional torture to the shattered soul of rape victim and her family members it is not only creating law and order problem but also manipulating the tender mindset of youngsters, who watch such rape crime video clips this is also noticed that such audio-video clips are available in the black market at very high prices, which is another matter of grave concern this also opens up doors for easy money at the cost of violation of basic rights of victims and their families therefore, a strict law is essential to control this new crime, having potential to cause collateral damage to the victim and her family the bill, accordingly, seeks to amend the indian penal code, 1860 with a view to provide that whoever commits rape and makes its audio, video or audio-video recording, either himself or through any other person, shall be punished with death the bill also provides for punishment for keeping or circulating audio, video or audio-video recording of rape with intent to tarnish the image of a rape victim or exploiting or harassing such victimhence this billnew delhi;prahlad singh patelfebruary 10, 2015 annexure an extract from the indian penal code, 1860 (45 of 1860) 376 (1) punishment for rape(2) whoever,—(a) being a police officer commits rape—(i) within the limits of the police station to which he is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or (b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or(e) commits rape on a woman knowing her to be pregnant; or (f) commits rape on a woman when she is under twelve years of age; or (g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:provided that the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment of either description for a term of less than ten yearsexplanation 1—where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the person shall be deemed to have committed gang rape within the meaning of this sub-sectionexplanation 2—"women's or children's institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows' home or by any other name, which is established and maintained for the reception and care of woman or childrenexplanation 3—"hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation lok sabha———— a billfurther to amend the indian penal code, 1860————(shri prahlad singh patel, mp)gmgipmrnd—4773ls(s3)—04-03-2015 | Parliament_bills | 416d44fc-bfc4-52d7-95d5-18bbb86a1a8f |
imii no 10 of 1877 the salaries and allowances of ministers (amendment) bill, 1977 a billfurthet to amend the salaries and allowances of minutets act, 1952 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the salaries and allowances ot ministers short (amendment) act, 1977 title s8 011952 s z for section 11 of the salaries and allowances at ministers act, 1952 sublti-(hereinafter referred to as the principal act), the following section shall tution be substituted, namely:-of dew hction tor ledion 11 "11 (1) the central government may make rules to carry out the purposes of this act power to make rut • 10 (2) every rule made under this act after the commencement ot the salaries and allowances of ministers (amendment) act, 1977 shall be laid before each house ot parliament and no such rule shali come into force until it has been approved, whether with or without modifications, by each house of parliament and published is by the central government in the omcial gazette" 3 notwithstanding anything contained in section 11 of the principal valida-act, as it stood immediately before the commencement of this act, no tiod rule made, or purporting to have been made, by the central government under that section with retrospective effect and no action taken or thing done in accordance with the rule so made, at any time before the commencement of this act, shall be deemed t~ be invaliri or ever to have been invalid by reason only of the fact that the central government had s no power to make such rule retrospectively under that section statement of objects and reasonsthe salaries and allowances of the union ministers are governed by the salaries and allowances of ministers act, 1152 (58 of 1952) and the rules made therewlder sub-section (1) of section 11 of the act empowers the central government to make rules for carrying out the purposes of this act 2 in exercise of the powers so conferred, the central government had been making rules from time to time and in respect of certain rules amending the ministers' (allowances, medical treatment and other privileges) rujea, 1957, restrospective effect was given, though the act does not provide for such retrospective effect 3 on the recommendations of the committee on subordinate legislation which examined these rules, it is now proposed to amend section 11 of the act so as to provide that every rule made under that section shall be laid before each house of parliament and no such rule shall come into force until it has been approved, with or without modifications, by each house of parliament and published by the central government in the official gazette it is also proposed to validate the rules which have been given retrospective effect 4 the bill seeks to achieve the above objects charan singh new delid; the 21st july urn clallle 2 of the bill seeks to substitute section 11 01 the- actwbleb relates to rule making power of the cmtral goveramedt sub4eottol'l (1~ of that seetion empowers the central goveubliil!lllt to 'make n:des for'clifty-ing out tbe pufpmes of the act sub-section (2) provides that tbe rules made under sub-section (1) shall come into force only after they have been approved by each house of parliament with or without modifications 2 the matters with respect to which rutes my be made are mat of detail the delegation; of 1egt81attw, puwer , t_e_e, al normal character irraac'r; 'ftk)m '!'he &laribs and allowancbs 01' minlsftrs act, 1952 (58 01' 1952) - • - • •11 (1) the central government may, by notification in the oftlcial gazette, make rules for carrying out the purposes of this act power to make rulel (2) all rules made under this act shall be laid before both houses of parliament as soon as may be after they are made - - - - - a bill further to rmend the salaries and allowances of ministers act, 1952 (shri charon singh, ministe?' of home al1fjirs) | Parliament_bills | b3c4ac3a-cf73-5d68-aa67-f568ef871810 |
statement of objects and reasonsin the absence of suitable organisation and paucity of resources with the state governments, the development of inlahd water transport has not made much headway there are certain advantages in this mode of transport, such as, low cost transport, energy efficiency, generation of employment among weaker sections of the community and its ecofriendly nature 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 waterway sand assume responsible for their development 2 the central government have accordingly 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 allahabad-haldia stretch of the ganga-bhagirathi-hooghly river, sadiya-dhubri stretch of the brahmaputra river and kollam-kottappuram stretch of west coast canal along with champakkara and udyogamandal canals have already been declared as national waterways by the national waterway (allahabad-haldia stretch of the ganga-bhagirathi-hooghly river) act, 1982, (49 of 1982), the national waterway (sadiya-dhubri stretch of the brahmaputra river) act, 1988 (40 of 1988) and the national waterway (kollam-kottappuram stretch of west coast canal and champakkara and udyogamandal canals) act, 1992 (25 of 1992), respectively consequently, inland waterways authority of india has taken up the development, maintenance and management of these waterways 3 it is now proposed 'to declare kakinda-pondicherry stretch of canals comprising of kakinada canal, eluru canal, commamur cahal, buckingham canal and kaluvelly tank along with bhadrachalam-rajahmundry stretch of godavari river and wazirabad-vijayawada stretch of the krishna river as a national waterway, infrastructural facilities currently available on this waterway are not adequate for safe, convenient and sustained shipping and navigation by large mechanised crafts therefore, the waterway is required to be developed ty providing adequate infrastructure for safe, convenient and sustained shipping operations, the regulation and development of the proposed national waterway under the control of the union for the purposes of shipping and navigation is in the public interest and declaration to that effect has also been made in this bill 4 the bill seeks to achieve the above objects new deh; trbaalu the 24th november, 2006 presidents recommendation under article 117 of the constitution of india[copy of letter no nw-12013/1/2004-iwt (vol ii), dated the 24th november, 2006 from shri tr baalu, minister of shipping, road transport and highways to the secretary- general, lok sabha] the president, having been informed of the subject matter of the proposed national waterway (kakinada pondicherry stretch of canals and the kaluvelly tank, bhadrachalam- rajahmundry stretch of river godavari and wazirabad-vijayawada stretch of river krishna) bill, 2006 recommends under article 117(3) of the constitution of india, the consideration of the bill by lok sabha financial memorandum _the regulation and development 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) consequantly, three distinct functions namely, development, maintenance and management of the proposed waterway will devolve on the inland waterways authority of india it has been visualized that inland water transport traffic to the tune of 642 million tones is likely to be carried on the proposed national waterway after its full development by the year 201 1-12 this traffic is expected to be handied at 14 terminals, namely bhadrachalam, pochavaram, rajahmundry, wazirabad, muktiyala, vijayawada, eluru, tadepalligudem, kakinada, kottapatnam, maipadu, durgarajupatnam, chennai and pondicherry the development of the rivers and canals along with provision of infrastructural facilities for purposes of shipping and navigation to handle the above mentioned traffic includes development of the waterway of navigation, channel marking, construction of terminals, transit sheds, installation of handling equipment, etc it is estimated that the expenditure with respect to the said development will be of the order of rs 54200 crores which will be of a non-recurring nature 2 in addition, it is estimated that an expenditure of recurring of the order of rs 1110 crores annually will be incurred for operating the waterway and terminals | Parliament_bills | 4cad0b3f-4602-59d9-90bb-a4b01c9d86d4 |
bill no 317 of 2016 the import of consumer goods (regulation) bill, 2016 by shri prahlad singh patel, mp a billto provide for institutional mechanism to regulate import of consumer goods having potential to cause harm to the well being of citizensbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the import of consumer goods (regulation) act, 2016short title anddefinitions2 in this act, unless the context otherwise requires,—(a) 'committee' means the committee for regulation of import of consumer goods constituted under section 4; and(b) 'prescribed' means prescribed by rules made under this act53 no importer, whether in individual capacity or as a body corporate, shall import anyproduct or consumer goods for use or consumption by human or animals into india without obtaining the clearance certificate from the committeeclearance certificate for importing consumer goods104 (1) the central government shall constitute a committee to be known as the committee for regulation of import of consumer goods to regulate the import of products or consumer goods into india(2) the committee shall consist of a chairperson and such number of other members as may be prescribedconstitution of the committee for regulationof import ofconsumer goods(3) the central government shall provide such number of officers and staff to the committee as may be necessary to discharge its functions efficiently155 every importer shall apply to the committee for clearance certificate for importing any product or consumer goods into india in such form and manner as may be prescribedapplication for clearance certificate for importing of consumer goods6 the committee shall—functions of the committee(i) entertain application from importers for clearance certificate to import anyproduct or consumer goods for use or consumption by human or animals into india;20(ii) examine the applications received under clause (i);(iii) issue clearance certificate, if satisfied with quality and purpose of importinga product or consumer goods into india, within a period of one month from the date of receipt of application under section 5;25(iv) reject application, if not satisfied with quality and purpose of importingproduct or consumer goods, within a period of one month from the date of receipt of application under section 5, after giving an opportunity of being heard to the applicant;(v) take help of experts to assess the qualities or harmful effects of use orconsumption of any product or consumer goods by human or animals; and(vi) specify products and consumer goods which are not to be imported intoindia30appeal7 (1) any importer who is aggrieved by the decision of the committee may prefer anappeal to such authority as may be so designated by the central government and the authority shall dispose of the appeal within a period of one month from the date of its filing35(2) the appellate authority shall give an opportunity of being heard to every importerwhile deciding the appeal under sub-section (1)penalty8 any person who indulges in any activity of importing consumer goods into indiawithout obtaining clearance certificate from the committee shall be punished with imprisonment for a term which may extend upto one year and with fine which may extend upto rupees fifty thousand409 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in force, regulating any of the matters dealt with in this actact not to be in derogation of other lawspower to make rules10 (1) the central government may by notification in the official gazette make rules for carrying out the provisions of this act5(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule10 statement of objects and reasonsafter the liberalization of economic policies including import and export of products or consumer goods, it has been witnessed that quality and standards of such products or consumer goods are not fit for human consumption or consumption by animals and also hazardous to environment therefore, there is an urgent need for evolving some mechanism to regulate import of consumer goods into india and prevent the country from becoming a dumping ground of foreign goods the bill seeks to regulate import of consumer goods into india by constituting a committee for the purpose and to check the uninterrupted importing of consumer goods affecting not only well being of citizens but also causing harm to our environmentthe bill seeks to achieve the above objectivesnew delhi;prahlad singh patelnovember 15, 2016 financial memorandumclause 4 of the bill provides for constitution of the committee for regulation of import of consumer goods by the central government it further provides that the central government shall provide necessary officers and staff to the committeethe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five crore may be involved as recurring expenditure per annuma non-recurring expenditure of about rupees three crore is likely to be involved memorandum regarding delegatged legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for institutional mechanism to regulate import of consumer goods having potential to cause harm to the well being of citizens————(shri prahlad singh patel, mp)gmgipmrnd—3406ls(s3)—02-12-2016 | Parliament_bills | ccfe3cbd-e903-57cd-baaa-b9acb5f63022 |
btll no 57 ot 198g --------the appropriation (no4) bill, 1965 a bill to provide for the 4uthoris4tion of 4ppr0pri4tion of moneys out of the consolid4ted fund of indi4 to meet the 4mounts 'pent on cert4in services during the fimncial ye4t ended on the 31st d411 of march, 1963 in excess of the 4mounts gt4nted fot those services 4nd fot toot ye4t be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 this act may be called the appropriation (no4) act, 1965, short title " 2 from and out of the consolidated fund of india, the sums lpuc ofrl s specified in column 3 of the schedule amounting in the aggregate 19~~" to the sum of nineteen crores, sixty lakhs, fifty-five thousand and ~!ou~ fifty-eight rupees shan be deemed to have been authorised to be pi~i of - my - to paid and apphed to meet the amount spent for defraying the meet certaid ex&:cii pendlture cxfor the yell ended oil tbe 311t mii'cb "'3 char in respect of the services specified in column 2 of the sche-dule during the financial year ended on the 31st day of march, 1963 in excess of the amo~~_~!lt~ ~~r th~ services and for that year appropria 3 the sums deemed to have been authorised to be paid and dad applied from and out of the consolidated fund of india under this s act shall ·be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended· on the 31st day of march, 1963 ~---rl----------------------~-------------------------------i 3 ----~i-----------------------,--------------------------------------no bxceu s of vote scmces and purpoaca volled portion tow ri rs 1 ministry of commerce and induatry - - - 1,·45,149 1'""5,149 10 18,",220 24 customs ; [8042,220 6,[6,q46 2s union bj:cise duties 6,16,046 27 stamp 20,68,950 20,68,950 28 audit 2",6,381 10,056 31 pensions and other retirement benefits - - - so zonal councils - 58 andaman and nicobar isjanda [,81,650 20 87 i other revenue bj:penditl&te of the ministry of steel and heavy industries - - 91 communications (including national highways) liahthouaea and lightships 93 2s post, and teleanpha-dividcnd to gedcnl revenues and appropriations to reserve funds •• 116 capital outlay of the ministry of ezternal affain 30 loans and advances by the central government 1%3 127 capital outlay of the ministry of health - - 136 capital outlay on roads u,018 35 capital outlay on posts and telegraphs (not met from revenue) - 443,75,963 443,75963 142 delhi capital outlay 6,0812[73 6,07,98,901 total [7,66,s9,774 196055,os8 --!----------- - _----------- ------_- statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in· excess of the appropriations c:harged on the fund and the grants made by the lok sabha for ~espenditure of· the central government, excluding rallways for the 8nancial· year ended on the 31st day of march, 1963 t t krishnamachari , , president's recommendation under article 117 of the constitution of india[copy of letter no f 5(4)-b/65, dated the 27th april, 1965 from shri t t krishnamachari, minister of finance to the secretary, lok sabba] the president having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1963, in excess of the amounts granted for the said services and for that year recommends under clauses (1) and (3) of article ll7 of the constitution read with sub-clause (2) of article 115 thereof, the introduction of the appropriation (no4) bill, 1965, in the lok sabha and also recommends to the lok sabha the consideration of the bill a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1963 in excess of the amounts granted for those services and for that year (shn· t t krishnamachan°, minister of finance) | Parliament_bills | bc4def8f-677e-5ebf-bf36-f5e7a2cb0a3b |
bill no 76 of 2010 the constitution (amendment) bill, 2010 byshri satpal maharaj, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20102 in the eighth schedule to the constitution,—amendment of the eighth schedule(i) entries 5 to 9 shall be renumbered as entries 6 to 10, respectively, and before entry 6 as so renumbered, the following entry shall be inserted, namely:—5"5 garhwali";(ii) after entry 10 as so renumbered, the following entry shall be inserted, namely:—"11 kumaoni"; and10(iii) existing entries 10 to 22 shall be renumbered as entries 12 to 24, respectively statement of objects and reasonsthe eighth schedule to the constitution recognizes twenty-two languages as national languages of india being spoken and written by the citizens it is believed that education, culture and intellectual pursuits get created and develop around these languages but it is unfortunate that languages like garhwali and kumaoni spoken and written by millions of people having distinct culture have not yet been included in the eighth schedulethe garhwali language is being spoken since ancient times in the kedarkhand region of central himalaya however, when exactly the people started using this language in writings can be correctly answered by linguistics only prior to 13th century, when the hindi language was not in existence, the official work of the state of garhwal, spreading from saharanpur to himachal, was being done in garhwali language the donation box inscription dating back to the year 1335 during the reign of the emperor jagatpal in devprayag temple, the 15th century script of ajaypal in devalgarh, the inscriptions on copper plates found at various places like badrinath, maldyul etc, are all evidences to prove that the garhwali language is one of the oldest languages according to dr haridutt bhatt shailes, literature of 10th century is also available in this languageour country is a multilingual country some of the languages have been successful in maintaining their existence and dignity with time while other have been struggling hard to save their existence and dignity due to lack of adequate facilities of propagation garhwali and kumaoni are two such languages amongst themkeeping in view the sentiments of the people of cental himalayan region and linguaphiles, garhwali and kumaoni languages should be accorded the status and honour of national languages by including them in the eighth schedule to the constitution it is urgently required that necessary steps should be taken to propagate these languages an academy for the development of these languages should also be set up on the lines of hindi academy, urdu academy, punjabi and sindhi academysuch a step will not only help in propagation of these languages but would also save the ancient himalayan culture and heritage from becoming extincthence this billnew delhi;satpal maharajjuly 12, 2010 annexure extract from the constitution of india eighth schedule[articles 344(1) and 351] languages1 assamese 2 bengali 3 bodo 4 dogri 5 gujarati 6 hindi 7 kannada 8 kashmiri 9 konkani10 maithilli 11 malayalam 12 manipuri 13 marathi 14 nepali 15 oriya 16 punjabi 17 sanskrit 18 santhali 19 sindhi 20 tamil 21 telugu 22 urdu lok sabha———— a billfurther to amend the constitution of india————(shri satpal maharaj, mp)gmgipmrnd—3059ls(s3)—28-07-2010 | Parliament_bills | 16534bbc-d8c9-5f56-b1ce-c5eba9765cd4 |
bill no 84 of 2018 the appropriation (no 3) bill, 2018 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2017-18be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 this act may be called the appropriation (no 3) act, 2018issue of rs 906835,77,00,000 out of the consolidated fund of india for the financial year 2017-18appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund1department of agriculture, cooperation and farmers'welfare revenue3,00,0003,00,0002department of agricultural research and education revenue2,00,0002,00,0003department of animal husbandry, dairying and revenue1,00,0001,00,000fisheries4atomic energy revenue1,00,0001,00,000 capital92,88,00,00092,88,00,0005ministry of ayurveda, yoga and naturopathy, unani, siddha and homoeopathy (ayush) revenue493,50,00,000493,50,00,0006department of chemicals and petrochemicals revenue1,00,0001,00,0008department of pharmaceuticals revenue2,00,0002,00,0009ministry of civil aviation revenue2,00,00,0002,00,00,00010ministry of coal revenue1,00,0001,00,00011department of commerce revenue20,27,00,00020,27,00,00012department of industrial policy and promotion revenue1,00,0001,00,000 capital525,55,00,000525,55,00,00013department of posts revenue2041,43,00,0005,77,00,0002047,20,00,000 capital108,15,00,000108,15,00,00014department of telecommunications capital1574,54,00,0001574,54,00,00016department of food and public distribution revenue1,00,0001,00,000 capital1,00,0001,00,00017ministry of corporate affairs revenue1,00,0001,00,00018ministry of culture revenue2,00,0002,00,00019ministry of defence (misc) revenue578,69,00,00092,00,000579,61,00,000 capital4,00,0004,00,00020defence services (revenue) revenue4,00,0004,00,00021capital outlay on defence services capital1,00,000113,31,00,000113,32,00,00022defence pensions revenue9260,23,00,0009260,23,00,00023ministry of development of north eastern region revenue134,00,00,000134,00,00,00024ministry of drinking water and sanitation revenue4000,00,00,0004000,00,00,00025ministry of earth sciences revenue3,00,0003,00,000 capital2,00,0002,00,00026ministry of electronics and information technology revenue9,56,00,00036,67,00,00046,23,00,00027ministry of environment, forests and climate change revenue3,00,0003,00,00029department of economic affairs revenue4,00,0004,00,000 capital2,00,0002,00,00031department of financial services revenue2,00,0002,00,000 capital7832,01,00,0007832,01,00,00033department of revenue revenue123215,57,00,000123215,57,00,00034direct taxes revenue305,09,00,000305,09,00,00035indirect taxes revenue1,00,0001,00,000 capital1,00,0001,00,000charged—interest payments revenue 5721,90,00,0005721,90,00,000charged—repayment of debt capital 694966,17,00,000694966,17,00,00042department of health and family welfare revenue27594,44,00,00027594,44,00,000 capital2257,70,00,0002257,70,00,00043department of health research revenue1413,60,00,0001413,60,00,00044department of heavy industry revenue1,00,0001,00,000 capital1,00,0001,00,00046ministry of home affairs revenue31,07,00,00031,07,00,00048police revenue583,30,00,000583,30,00,000 capital1,00,0001,00,000| rs | rs | rs ||--------------------|---------------------|---------------|| 1 | 2 | 3 ||----------------------------|----------------------------------------------------------------|----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 49 | andaman and nicobar islands revenue | 54,18,00,000 || capital | 10,00,000 | || 50 | chandigarh revenue | 2,00,000 || capital | 4,00,000 | || 51 | dadra and nagar haveli revenue | 66,40,00,000 || 52 | daman and diu revenue | 2,00,000 || capital | 28,39,00,000 | || 53 | lakshadweep capital | 2,00,000 || 56 | ministry of housing and urban poverty alleviation revenue | 2850,00,00,000 || 57 | department of school education and literacy revenue | 6828,59,00,000 || 58 | department of higher education revenue | 6403,53,00,000 || 59 | ministry of information and broadcasting revenue | 1,00,000 || capital | 1,00,000 | || 60 | ministry of labour and employment revenue | 1,00,000 || 61 | law and justice capital | 413,47,00,000 || 64 | ministry of micro, small and medium enterprises revenue | 1,00,000 || 65 | ministry of mines revenue | 200,00,00,000 || 66 | ministry of minority affairs revenue | 3,00,000 || 67 | ministry of new and renewable energy revenue | 1,00,000 || 68 | ministry of panchayati raj revenue | 1,00,000 || 69 | ministry of parliamentary affairs revenue | 1,00,000 || 70 | ministry of personnel, public grievances and pensions capital | 7,31,00,000 || 16,22,00,000 | | || 23,53,00,000 | | || 72 | ministry of petroleum and natural gas revenue | 400,00,00,000 || 74 | ministry of power revenue | 2,00,000 || capital | 160,00,00,000 | || 80 | ministry of railways revenue | 418,30,00,000 || 250,70,00,000 | | || 669,00,00,000 | | || capital | 1,00,000 | || 613,71,00,000 | | || 613,72,00,000 | | || 81 | ministry of road transport and highways revenue | 1,00,000 || capital | 2529,27,00,000 | || 84 | department of science and technology revenue | 1,00,000 || 86 | department of scientific and industrial research revenue | 185,35,00,000 || capital | 2,00,000 | || 87 | ministry of shipping revenue | 7,22,00,000 || capital | 1,00,000 | || 88 | ministry of skill development and entrepreneurship revenue | 2,00,000 || 89 | department of social justice and empowerment revenue | 5,19,00,000 || capital | 1,00,000 | || 90 | department of empowerment of persons with | || disabilities revenue | 100,00,00,000 | || 91 | department of space revenue | 340,27,00,000 || capital | 1,00,000 | || 92 | ministry of statistics and programme implementation revenue | 12,00,00,000 || 94 | ministry of textiles revenue | 10,02,00,000 || 95 | ministry of tourism revenue | 1,00,000 || 96 | ministry of tribal affairs revenue | 3,28,00,000 || 144,13,00,000 | | || 147,41,00,000 | | || 97 | ministry of urban development revenue | 1120,00,00,000 || capital | 1,00,000 | || 98 | ministry of water resources, river development and | || ganga rejuvenation revenue | 727,61,00,000 | || capital | 2,36,00,000 | || 99 | ministry of women and child development revenue | 2,00,000 || 100 | ministry of yourth affairs and sports revenue | 19,02,00,000 || t | | || otal | | || : | 204966,27,00,000 | || 701869,50,00,000 | | || 906835,77,00,000 | | || 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 for the financial year 2017-18arun jaitley———— president's recommendation under article 117 of the constitution of india———— [copy of fno 4(1)-b(sd)/2018, dated 732018 from shri arun jaitley, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2017-18, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 3) bill, 2018 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2017-18————(shri arun jaitley, minister of finance)mgipmrnd—4530ls(s3)—08-03-2018 | Parliament_bills | bb426558-80d3-548a-9c47-3dfe9a777f16 |
the appropriation (vote on account) bill, 1961as introduced in lok sabha (on 17th march, 19(1) - the appropriation" (vote on account) bill, 1961(as introduced in lok 9wbaa) 1 page 1, line 9,-m " upees " ~ "rupe~s" 2 page 3,-in column 2, 121: lines 33 td 36, ~ -"mis cellaneous departments and o the r expendi ture under the minis try of finance" 3 puge 3,-1n coluid'l 1, line 37, w " 3" ~ "33" 4 page 9, line 4,-in column 3, !qi "in" ~ "on" ~ 5 p"'ie 9, line 28,-for "36,37 000" w "36,37,000" 7 correct line numbers on pages 2, 4 to 6 and 9 new delhi, phalguna 26, 1882 (saku) the appropriation (vote on account) bill, 1961 (as introduced in los: sabra) 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 1961-62 be it enac;:ted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the appropriation (vote on account) shon title act, 1961 5 2 from and out of the consolidated fund of india there may withdnwal be withdrawn sums not exceeding those specified in column 3 of the ~!a~j7"" schedule amollnting in the aggregate to the sum of eight hundred from and sixty-six crores, seventy-four lakhs and fifty-seven thousand ~=ct ~ upees towards defraying the several charges which will come in fund ~ 10 course of payment during the financial year 1961-62 flnaindi• ~alor the da year 1961-62 3 the sums authorised to be withdrawn from and out of the con- appropri-solidated fund by this act shall be appropriated for the services and don purpos,es expressed in the schedule in relation to the said year - i 2 3 -no sum not ezceedins of scrvic:cl and purpohl 5 vote voted by cbar~n parliament the ii-total dated fund ri ri rs i ministry of commerce and 10 industry 6,44,000 6>44,000 2 industries 1,64",,000 1,64,!i!iooo 3 salt 4047,000 4047,000 4 commercial intew,ence and statiatica 777,000 7,77,000 is , miic:eiliiieoui departments and bx:penditure under the ministry of commerce and industry 1966,000 19,66,000 6 mini~ of community 20 de opment and ca-, oi8tion 2,!i!i000 255000 7 "commwdty" dwelopmcdt project, national bxtmsion service and co-2s opaaiioa 2,,0,,000 25,°5000 8 'mfniltry of defence 365,000 3,6,,000 9 defence services-effective-a1::my 1735,97,000 83,000 17,36,80,000 10 dc&aco serviqllt-bffecdve-1,67~os,000 30 ", ·n,,, 4jooo 167pjooo ii oefc:nc:e sawxi-ea'ocdye-air force ,2446,000 4,ood '24,50000 12 derence services-nod-b1fective cbaqea 1,!i!i,oo,ooo r,ooo 1!i!i,oi,ooo 3s 13 ministry of education 3,53,000 3ts3~ i" education 1,39,95,000 1,39,9s,000 ---~--2 | sums | not | exocedinl ||----------------------------------------------------------------------------|---------------|----------------|| no | | || of | | || vote | | || services | | || and | | || purposes | | || voted | | || by | | || i | | || charicd | on | || parliament | | || lthc | | || consoli- | | || dated | fund | || total | | || s | | || ------'i-----------------------i-------------·~------------!-------------- | | || rs | | || ri | | || rs | | || departmcdts | | || bxpeadlturc | | || 10 | | || misceuancoul | | || and | | || other | | || under | the | || bduc;atio!1 | | || ~ni8try | ~f | || i | | || r6 | | || tribal | | || areas | | || 8976,000 | | || i | | || 17 | | || n | | || ·hilji ;tuellun' | | || area | | || 3 | | || 1 | | || ,0$,000 | | || 3 | | || 1 | | || ,05,000 | | || 1,01,fy'i,ooo | | || 18 | | || extcrra1 | | || affairs | - | || 35,98,000 | | || 15 | | || 19 | | || j | | || "state | of | poddichcrry - || 20 | | || 1 | | || miscellaneous | 8xpenditurc | || i | | || external, | main | - || under the | | || mini8try | | || of | | || i | | || 21 | | || ministry | | || of | | || finance: | 14158,000 | || 33,53,000 | 20 | || 22 | | || customs | | || 74,64,000 | | || 2 | | || 3 | | || union | | || bxci8~ | | || duties | | || 1%,000 | | || taxes onjincomc inejudil" | | || , corporation tax, etc | ' | || 1 | | || 458,000 | | || --jill- | | || i | | || 335 | | || 0 | ,000 | || i | | || i | | || 746 | | || 0 | | || - | | || 000 | | || i | | || i | | || 4939,000 | | || 49 | | || 2 | | || 02000 | | || a5 | opium | || - | | || 26 | | || stamps | | || 2a22ooo | | || 99,a8,ooo | | || 27 | audit | || a8 | currency | || 43,63,000 | | || 29 | | || mint | - | || 30 rertit-lrial | and | || political | | || i | | || penaiona - | 1,96,000 | || i,gcs,ooo | | || 30 | | || 31 | | || supcraddurjion | | || a1l(,warcca | | || at1d~ons | | || 7918,000 | | || 1»49000 | | || 81,67,000 | | || 32 | miecellaneoul | || departments | | || i | | || | and | de || i | | || ! | | || un | ar | the || of | | || - | fi | || ~ | | || nee | | || 1,zo,32tooo | | || i~ot32ooo | | || 35 | | || ~ | | || i | | || plillldidi | commilion | || 'j | | || r | | || 7,28,q007,28,ooo | | || 34 | | || i | | || gnil1ta-in-ald | | || to | states | || ,14,6536,000 | | || ll~o,oo,ooo | | || a5,85,36,ooo | | |i 3 ----o n sums not ctxceec1inl services and purpose v of ote voted by parliament charged on the consoli-total s dated fund -ra re ri 35 miscellaneous ad;ustuicnt between the union and state governments 10 1,86,000 ' 1,86,000 pre-partition payments 1>40,000 1,~joeo 2,63,000 36 craroi!d-i"terlft ", dlbt and tit"', ohligatitnu gpid ,,4ucri", or gfj0i4t1j1cf of dlln 1180,z6,ooo 11,80,16000 37 ministry of food idd agri culture 620,000 6,zo,000 porest 8,03,000 8,03,000 38 35,82,000 35,82,000 20 39 agriculture agricultural relearc:h 52,14,000 52,14,000 40 animal husbandry 41 9,04,000 904000 42 miaccllancous departments andother expenditure under the ministry of food and agriculture 97,22,000 s9,000 9781,000 ministry ofhcalth 43 medical and public health 44 45 30 miaccllaneoul department and er&:inditure under the m try of health 8,89,000 8,89,000 ministryofhomeaffain 29,31,000 29,jl,000 46 1,39,000 1,39,000 - 90,01,000 i 90,01,000 i cabinet 310,000 3,10,000 47 zonal council 20,000 20,000 48 administration of justice 49 20,000 lu,ooo 1,88,000 police 59,15,000 59,15,000 50 census -27,83,000 27,83,000 \ ~ 51 ;-52 statiltica , " ) 1312,000 13:12•000 : : , ,-, 53 1,30~ 11i4l9,,qiio ~~3619,ooo iddiail rulon - i 2 3 ----�------------------ii--~-----------------------no of 5 vote services and purposet sums not exceeding voted by charged on parliament the con80li-total dated fund ----'r---------------~ii---------:---------i---------rs ri rs i 54 delhi 1,23,69,000 1,000 55 himachal pradesh 79,12,000 10 56 andaman li'd nicobar islronds 57 manipur 58 tripura is 59 laccadive,minicoyand amin-~ divi islands;; - 60 miscellaneous departments and expenditure under the ministryof home affairs 5,81,000 5,81,000 61 minl,try of information bnd broadcasti" g 20 62 broadclllting miscellaneous df'partmcnts and expenditure urder the ministry of information and broadcasting 33,46,000 ministry of irription and power 2,00,000 2,00,000 - multi-purpose river schemes 1362,000 65 66 30 miscellaneou8 departments and other exprnditure under the ministry of in igadon and power 2,11,000 ministry of labour and employment ~ 2,ij,000 68 chief inspector of mines 3' 69 labour and employment 70 9,000 9,000 miscellaneous departments iizid other expenditure under the ministry of labour and employment - 3, j 6,000 3,16,000 ministry of law 71 72 election 1 2 3 --no sums not exceedina of services and -purposes - , ote voted by c~ed on parliament the onsoli-total v dated fund s --rs rs rs 73 milc:dladeoul bq>eoditure under the - mhultry of law 12,000 12,000 74 ministry of rehabilitation 2,30,000 2,30,000 jo 75 b~eoditure on displaced enons add minorities 93,98000 r,ooo 93,99000 76 ministc, ofsciedtilic research and ultural atiain 2,87,000 2,87,000 77 archaeology 11,05,000 ii,05,ooo is 78 survey of india 16,51000 16,51,000 79 botanical s~y 2,09,000 2,09,000 80 zoological survey 1,39,000 1,39,000 81 scientific raearch and cultural af(ain 1,67,19000 1,67,19,000 20 82 miscellaneous departments and expenditure under the ministry of scientific research and cultural affairs 4,65000 4,65,000 83 ministry of steel, mines and fuel 3,32000 3,32,000 84 geological survey 26,43,000 - 26,43,000 8, milce1laneous department and other expenditure under the ministry of 3,38,14,000 3,38,14,000 steel, mines and fuel 86 ministry of transport and communications 5,83000 5,83,000 87 indian posti and 'telegraphs deptt (inc1udfug working 6,24,39,000 62444,000 expenses) 5,000 35 88 posts add telegraphs dividends to general revenues and a~prolriation to reserve un 96>40,000 96,40,000 - 89 mercantile marine 6,36,000 6,;,6,000 90 lighthouses and light-,hips 12,55,000 12,55,000 no sums not exceeding of services and purposes vote voted by c::&d on par1iamedt the 1li0li-total dated fund --ri ri rs 91 meteorology 16,67,000 16;67,000 92 oveneas communications ser-10 vice 50,97,000 5097,000 93 aviation 54,91,000 5491,000 94 central road fund 36,37,000 36,37,000 9': , communications (including national highways) 54,33,000 54,33000 is 96 miscellaneous departments and otber expenditure underthe ministry of tranlport and communications 2311000 23,11,000 97 midiluz, of worb houaing and upply 541,000 ,,,,1,000 98 supplies 2571000 2571,000 99 other civil worb 2,7695000 63j000 2,7928000 100 stationery and printing 74>46•000 74>46000 25 101 milcellaneou8 departments and expenditure under the ministry of - works housing and supply 554000 "5"'coo 102 dwnartment of atomic ergy 1,37,000 1,37,000 30 103 atomic energy research 48,80,000 48,80,coo 104 d~ent of paruamentary air 21000 21,000 105 lok sabha 824000 6000 83°000 106 misce1wdeous expenditure under lok sabha 42000 42,cloo 3s 107 rajya sablaa 317,000 6000 3a3tooo - csaaobd-s,'1!' hoiii,hold and allmiitiifui 0 ,,,, pruident ~~jooo 2,a3,ooo 108 secretariat of the vice president 6,000 6000 no of vote services and purposes sums not exceeding 1------1 voted by char~ed on parliament the consoli-total dated fund rs rs ri chargbd-umon public sirfjic cdmlffission 109 | | capital outlay | of | the ministry ||-------------------------|-------------------|--------------|-----------------|| of | commerce | and | indus- || try | | | || 2,22,21,000 | | | || 2,22,21,000 | | | || no | capital outlay | of | the ministry || of | | | || community | | | || develop- | | | || ment | and | co-operation | || 4s,10,000 | | | || 4s10,000 | | | || is | | | || 111 | | | || defenc:e capital outlay | | | || u,ooo | | | || 2,7s,0,,ooo | | | || in | | | || capital outlay | of | the ministry | || of | education | | || i,si,ooo | | | || i,si,ooo | | | || 113 | | | || capital outlay | of | the | ministry || of | | | || external | | | || affairs | | | || 7,36,000 | | | || 114 | capital outlay | of | the india || security | | | || preas | | | || i1s | | | || capital outlay | on | currency | || and | coinage | | || 8s,66,000 | | | || 8s,66,ooo | | | || 116 | | | || capital outlay | of | | || mints | | | || s8,ooo | | | || 117 | | | || commuted value | of | pensions | || z~,ooo | | | || 118 | | | || other | capital outlay | | || or | | | || the | | | || ministry | | | || of | finance | | |li9 capital outlay on grants to states for development 1,43,00,000 120 loana and advances by the central government chargbd-rl/xi}'mint d@t of 121 capital outlay on foresta 122 purchase of foodp-am 8,000 other capital outlay of the ministry of food and agriculture 2,000 444,97,00ij 124 capital outlay of the ministry of health i,os38,ooo 40 12s capital outhy 0{ the ministry of home atfaira no services and purpotes sums not ekcceding -of voted by char~ed in vote parliament the onloli-total s dated fund ------rs rs rs 136 c-pital ou~y of fhe 14fristfy of imorqlsdon and road-cutin; 41,17,000 41,17,000 10 127 catitll outlay on multi-purpose {ver schemel 27,90,000 27,90,oco 128 other capital outlay of the ministry of irrlption and power 1,02043,000 1,02,43,oco 139 capital outlay of the ministry of labour and employment 66,000 66,000 130 capital outlay of the min illtry of rehabilitation - - - 1,40,83,000 1,40,83,000 131 capital outlay of the ministry of scientifi, research and cultural afl'ain 33,40,000 33ao,000 132 capital outlay of the ministry of steel, min" and fuel 6,56,08,000 6,56,08,000 133 capital outlay on indian politi ind telesrapha (not met from 1,69,94,oco revenura) 1,6994,000 134 capital outlay on civil aviation 3633,000 4,000 36,37000 135 capital outlay on ports 24,04,000 2404,000 136 -capital outlay on roadll - 2,68,08000 z,ooo 3,6809,000 137 other capitll outlay of the ministry of 'rradiport and 1,11,89000 communicltions i,il,89,ooo 138 delhi capital outlay 1,01,77,000 73,000 1,0250,000 139 capital outlay on buildinp 80,75000 8000 8083,000 140 other capital outlay of the midietrj of word houeinl add supply 1975,000 19,",000 3s i~i capital outlay of the department of atomic bnerly 4550•000 4550•000 gland total 1,59,86,39000 106,88z',ooo 8667457000 statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with arlicle 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government, excluding railways, for a part of the financial year 1961-62 morarji desai a bill to provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1961-62 the president has, in pursuance of clauses (1) and (3) of article 1i7 of the constitution of india, read with clause (2) of article 116 thereof, recommended to lok sabha the introduction and consideration of the bill li mnkaul, secr;tary (shri morarji desai, minister of finance) | Parliament_bills | f57d8bd4-9931-51a1-a6b0-9ca290c9d51b |
bill no 168 of 2017 the protection of plant varieties and farmers' rights (amendment) bill, 2017 by shri dushyant chautala, mp a billto amend the protection of plant varieties and farmers' rights act, 2001be it enacted by the parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the protection of plant varieties and farmers' rights(amendment) act, 2017amendment of section 392 in section 39 of the protection of plant varieties and farmers' rights act, 2001, for sub-section (2), the following sub-sections shall be substituted, namely:—5 10 15"(2) where any propagating material of a variety registered under this act has been sold to a farmer or a group of farmers or any organisation of farmers, the breeder of such variety shall disclose to the farmer or the group of farmers or the organisation of farmers, as the case may be, the expected performance under given conditions, and if such propagating material fails to provide such performance under such given conditions, the farmer or the group of farmers or the organisation of farmers, as the case may be, may claim compensation in the prescribed manner before the authority and the authority, after giving notice to the breeder of the variety and after providing him an opportunity to discharge the complete onus in respect of such claim and after hearing the parties, shall, not more than six months from the date of filing such claim, direct the breeder of the variety to pay such compensation as it deems fit but not less than twice the amount of damage which the farmer or the group of farmers or the organisation of farmers, as the case may be, has suffered20(3) notwithstanding anything contained in this section, the authority shall, on receipt of claim application for compensation under sub-section (2), from any farmer or a group of farmers or any organisation of farmers, as the case may be, award such interim compensation, as it deems fit, for necessary subsistence for the livelihood of a farmer or a group of farmers or any organisation of farmers, as the case may be" statement of objects and reasonsthe protection of plant variety and farmers' rights act, 2001 (popularly known as ppvfr act) aims to establish an effective system for protection and development of new plant varieties, protect farmers' rights by facilitating the growth of the seed industry and the availability of the high quality seed and planting material to the farmersdespite the best intentions of this legislation, the fact is that the farmers productivity and their future is severely compromised by the non-availability of the quality seeds and further sale of low quality seeds to them by misrepresentationthe state of affair further depletes when the farmers approach the authority established under the act for claiming compensation since they do not have sufficient material to discharge the onus on their claim moreover, no time-frame has been prescribed for the authority to decide the claim sometimes, it may take several years for the decision to come also, no interim measures are provided under the actthe authority under the act has been given more discretion to decide upon the quantum of the claim thus, it is imperative that necessary amendments be brought in to make a time-bound redressal mechanism for the adjudication of claims being filed by farmers or organisation of farmers under this act along with a provision of interim compensation to be awarded to the farmers also, the company being a dominant party should be given the burden to discharge the onus on the claims and not the otherwisehence this billnew delhi;dushyant chautalajuly 7, 2017 annexure extract from the protection of plant varieties and farmers' rights act, 2001 (53 of 2001) 39 (1) notwithstanding anything contained in this act,—farmers' rights (2) where any propagating material of a variety registered under this act has been sold to a farmer or a group of farmers or any organisation of farmers, the breeder of such variety shall disclose to the farmer or the group of farmers or the organisation of farmers, as the case may be, the expected performance under given conditions, and if such propagating material fails to provide such performance under such given conditions, the farmer or the group of farmers or the organisation of farmers, as the case may be, may claim compensation in the prescribed manner before the authority and the authority, after giving notice to the breeder of the variety and after providing him an opportunity to file opposition in the prescribed manner and after hearing the parties, may direct the breeder of the variety to pay such compensation as it deems fit, to the farmer or the group of farmers or the organisation of farmers, as the case may be ———— a billto amend the protection of plant varieties and farmers' rights act, 2001————(shri dushyant chautala, mp)gmgipmrnd—2107ls(s3)—13-10-2017 | Parliament_bills | 310d3c3d-8524-58c6-b029-9f73bbf1c62c |
bill no 177 of 2016 the compulsory teaching of disaster management education in educational institutions bill, 2016 by shri chandra prakash joshi, mp a billto provide for compulsory teaching of disaster management education in all educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the compulsory teaching of disaster managementeducation in educational institutions act, 2016short title, extent and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "advisory council" means the advisory council for disaster managementeducation constituted under section 6;(b) "appropriate government" means in the case of a state, the government of state and in all other cases, the central government;(c) "disaster" means any occurrence that cause damage, ecological disruption, loss of human life deterioration of health and health services on a scale sufficient to warrant an extraordinary response from outside the affected community or area;5(d) "disaster management" means discipline dealing with and avoiding risks that involves preparing for disaster before it occurs, disaster response including emergency evacuation, quarantine and mass decontamination as well as supporting and rebuilding society after occurrence of natural or human-made disasters;10(f) "educational institution" means a primary or a middle or a secondary or a senior secondary level school imparting education to children, by whatever name such institution is called but does not include a minority educational institution; and(g) "prescribed" means prescribed by rules made under this act153 from such date, as the central government may, by notification in the official gazette specify, the disaster management shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on the recommendation of the advisory councilcompulsory teaching of disaster management in educational institutions4 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of disaster management in all educational institutions within its jurisdiction20appropriate government to issue directions for compulsory teaching of disaster management in educational institutions5 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 disaster management in educational institutionsappointment of disaster management teachers256 (1) the central government shall, within three months of the coming into force of the compulsory teaching of disaster management in educational institutions act, 2016, by notification in the official gazette, constitute an advisory council for disaster management educationconstituion of advisory council for disaster management(2) the advisory council shall consist of such number of persons, having special knowledge or practical experience in the field of disaster management, as the central government may deem fit307 the advisory council shall perform the following functions, namely:—(a) recommend to the central government the syllabus of disaster management education for each class upto senior secondary level;functions of advisory council for disaster management education35(b) recommend to the central government the class from which onwards the disaster management shall be taught in educational institutions;| ( | c | ) recommend to the appropriate government the qualifications of teachers to ||-----------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------|| be appointed in educational institutions for teaching disaster management; | | || ( | d | ) recommend to the appropriate government the institutions which may be || given recognition for training teachers in disaster management for the purpose of | | || their appointment in educational institutions; | | || 40 | | |(e) co-ordinate with the appropriate government and the school authorities with a view to ensuring effective implementation of the provisions of this act8 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 of the provisions of the act5 9 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide funds10 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effects of the act power to make rules1011 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15(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 reasonswe are not able to prevent the earth from shaking, the wind from blowing or the rain from falling, however, with assessment and planning, physical and environmental protection and response preparedness, we can prevent these events from becoming disasters since schools are our universal institutions for sharing knowledge and skills, the expectations for schools to be role models in disaster prevention and management is high successful disaster mitigation is one of the ultimate tests of the success of the education we provide our generationsenthusiasm in disaster management preparedness generally fades once an emergency phase is past schools offers a good entry point for keeping communities alert and making disaster risk more sustainable highly educated teachers, trained students and well informed parents and family members can play an important role in disseminating knowledge and keeping their communities well-prepared teachers, students and their family members being responsible citizens of our country should be a part and parcel of disaster preparedness drive taken up in it is not possible to plan for every eventuality that might occur; however, preparation is key to saving lives if a disaster strikescurrent education system in schools lays emphasis on imparting quality educationhowever, our current education is missing out on disaster management education and is, therefore, incomplete without itthe bill, therefore, seeks to provide for making disaster management education compulsory in all educational institutions right from primary school level to senior secondary level in order to make it a part of school curriculumhence this bill financial memorandumclause 5 of the bill provides for appointment of disaster management education teachers in all schools clause 6 provides for constitution of advisory council for disaster management education by the central government clause 9 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 11 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory teaching of disaster management education in all educational institutions and for matters connected therewith or incidental thereto————(shri chandra prakash joshi, mp)gmgipmrnd—1484ls(s3)—25-07-2016 | Parliament_bills | 755bdc2c-70fe-5075-ac5f-cdb844f16713 |
bill no xvii of 2010 the prevention of hoarding and profiteering bill, 2010 a billto provide for the prevention of hoarding and profiteering of essential commodities ofdaily use of citizens particularly of common man in the country and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the prevention of hoarding and profiteering act, 2010short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at once52 in this act, unless the context otherwise requires,—definitions(a) "dealer" means any person, partnership or firm carrying on the business of purchasing and selling any of the articles specified in the schedule to this act and includes a producer, importer, wholesaler or retailer of such article;10(b) "hoarding" means accumulating essential goods or stocks intended for sale to consumers with a view to cornering such goods so as to create their artificial scarcity and to raise their selling prices thereafter;(c) "importer" means any person who brings in any of the scheduled articles into the state where he carries on his business from any other place outside the state for sale purposes in the state;(d) "prescribed" means prescribed by rules made under this act; (e) "profiteering" with its grammatical variations and cognate expressions means the sale by a dealer of any scheduled article at a price or rate higher than the rates fixed under section 4 of this act;5(f) "retailer" means a person who sells any scheduled article to a consumer not being a dealer;(g) "scheduled article" means any of the articles specified in the scheduled to this act;10(h) "wholesaler" means a person, partnership or firm who sells any scheduled article to any dealer and includes a broker, commission agent or any other agent having authority to sell any scheduled article belonging to his principal 3 hoarding of and profiteering in the scheduled articles is hereby prohibitedprohibition of hoarding and profiteering of scheduled articles154 notwithstanding anything contained in any other law for the time being in force, the central government shall, by notification in the official gazette, fix the maximum rates or prices in respect of the scheduled articles which may be charged by a dealer or retailer in respect of such articles from the consumers;provided that different prices may be fixed for different zones or states in the countrycentral government to fix maximum prices for sale of scheduled articles penalty for hoarding and profiteering5 (1) whoever profiteers in any scheduled article shall be punishable with rigorous imprisonment which may extend to seven years or with fine amounting to not less than two lakh rupees or with both20(2) the scheduled article or articles in respect of which the offence has been committed or any part thereof, as the court may deem fit, shall be forfeited to the government25(3) any person found deliberately hoarding any scheduled article or any other commodity generally required for daily consumption of common man, shall be punished with rigorous imprisonment which may extend to seven years or with fine amounting to not less than five lakh rupees or with both and the articles so hoarded by such person shall also be confiscated by the government6 (1) any dealer, retailer or wholesaler, who without reasonable excuse,—(a) refuses to sell any scheduled article; or30penalty for refusal to sell and purchase scheduled articles at fixed price(b) refuses to sell any scheduled article at the price fixed in respect thereof under section 4, shall be punishable with rigorous imprisonment which may extend to five years or with fine amounting to not less than one lakh rupees or with both35(2) any purchaser or consumer who purchases any scheduled article at a price more than the maximum price fixed thereof under section 4 shall be punishable with rigorous imprisonment which may extend to two years or with fine amounting to not less than two lakh rupees or with both40power to search and seize of scheduled articles7 when any police officer not below the rank of assistant commissioner has reasonable grounds to believe that there has been a contravention of any of the provisions of this act, such officer may, after recording in writing the grounds of his belief, at all reasonable hours, enter and search, without any warrant, any place where a dealer, retailer or wholesaler keeps, or is for the time being keeping, any scheduled article, accounts, registers or anything, such officer may deem fit and, if necessary, inspect, seize or retain all or any of them for so long as they may be required for further investigation into any offence under this act8 (1) notwithstanding anything contained in the code of criminal procedure, 1973, all offences punishable under this act shall be cognizablecognizance of offence and arrest without warrant5(2) any police officer not below the rank of a assistant commissioner may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under this actpowers to add any other article to the schedule9 the central government may, by notification in the official gazette, add to the schedule any other article of daily use, and thereupon the schedule shall be deemed to have been amended accordingly and the article so added shall be deemed to be the scheduled article within the meaning of this act1010 if any order controlling the price of any essential commodity within the meaning of the essential commodities act, 1955 has been made before or after the commencement of this act and if such essential commodity is also a scheduled article within the meaning of this act, that order shall have effect notwithstanding anything inconsistent therewith contained in this act, or any order made thereunder15effect of orders inconsistent with the provisions of the essential commodities act, 1955 or orders made thereunder power to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act the schedule[see sections 2(f) and 9]11 wheat and wheat products 12 rice and rice in the husk 13 pulses 14 spices 15 edible oils including vanaspati 16 sugar and raw sugar 17 baby food 18 paper and paper products 19 drugs and medicines 10 skimmed milk powder 11 kerosene oil 12 janata cloth 13 kerosene oil statement of objects and reasonsthese days the common man is in the grip of steep rise in the prices of essential commodities required for his daily use the prices are rising so menacingly that it has become impossible for the common man to have two time meals the worst sufferers are daily wage workers, rickshaw pullers, hawkers, domestic workers and others doing petty jobs for the ordinary households, managing monthly budget is becoming next to impossible the situation is further aggravated when the essential commodities are not available in the market despite good harvests in the country this is because some unscrupulous traders, brokers and middlemen resort to hoarding of essential commodities to create artificial scarcity and, thereafter, indulge in profiteering in these items for their own vested interests as a result hoarding and profiteering in foodgrains, medicines and several other commodities which are essential to the daily life of the citizens have become common these days which is adversely affecting the common man and the country as a whole in the absence of deterrent punishment under a specified act for these offences, these cases are increasing therefore, to curb this menace, it is felt that severe deterrent punishment should be prescribedhence, this billrc singh memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules to carry out the purposes of the bill it will relate to matters of details only the delegation of legislative power is of normal character———— a billto provide for the prevention of hoarding and profiteering of essential commodities ofdaily use of citizens particularly of common man in the country and for mattersconnected therewith and incidental thereto————(shri rc singh, mp)gmgipmrnd—2358rs(s5)—03-05-2010 | Parliament_bills | effbf2ae-79d8-5bf6-8f06-a9eecc8ad654 |
bill no 275 of 2015 the constitution (amendment) bill, 2015 byshri sunil kumar singh, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2015short title2 in the eighth schedule to the constitution,—(a) existing entries 3 to 9 shall be renumbered as entries 4 to 10, respectively, and—amendment of the eighth schedule5(i) before entry 4 as so renumbered, the following entry shall be inserted, namely:—"3 bhojpuri"; (ii) after entry 10, as so renumbered, the following entry shall be inserted, namely:—"11 magahi";(b) entries 10 to 14 shall be renumbered as entries 12 to 16, respectively, and after entry 16 as so renumbered, the following entry shall be inserted, namely:—"17 oraon"; (c) entries 15 and 16 shall be renumbered as entries 18 and 19, respectively, and after entry 19 as so renumbered, the following entry shall be inserted, namely:—5"20 rajasthani"; (d) entries 17 to 22 shall be renumbered as entries 21 to 26 statement of objects and reasonstwenty-two languages find mention in the eighth schedule to the constitution as national languages which are widely spoken and written by our people it is believed that it is in the juxtaposition of these languages only that there is educational, cultural and intellectual development of our people language is not only a tool of communication but also a symbol of deference and respect language also symbolizes history, culture, people, governance, ecology, politics, etc'bhojpuri' is also known as bihari, deswali and khotla and happens to be a member of indo-aryan branch of indo-european language family and holds close abuttal to magahi and maithili bhojpuri is spoken in the north central and eastern region in particular, it is spoken in the western part of bihar, north-western part of jharkhand and in the eastern part of uttar pradesh many bhojpuri journals and newspapers are published in the states of bihar and uttar pradeshbhojpuri is spoken by more than 40 million people in the country as per 2001 census, as many as 3,30,99,497 people have mentioned bhojpuri as their mother tongue the history of bhojpuri language dates back to the 7th century owing to long history of migration from bhojpuri areas, this language has made its presence felt in all the continents of this world it is one of national languages of fiji and is called fiji hindibhojpuri culture is popular in the countries like nepal, mauritius, sri lanka, thailand, england and greece as well bhojpuri speaking people account for fifteen to sixty-five per cent population in nearly twenty countries in mauritius too more than 40 lakh people speak bhojpuri different forms of bhojpuri are spoken by bhojpuri speaking progeny of plantation workers in many countries like guinea, surinam, fiji, trinidad and tobago other than bhojpuri, magahi is one of the principal languages being spoken by the people residing in the eastern part of india particularly in various districts of bihar, jharkhand, odisha and west bengal by lakhs of people this language carries rich cultural heritage and conventions of these regionsrajasthani is yet another principal language which has rich tradition and is widely spoken in the states of rajasthan, madhya pradesh, haryana, gujarat and punjab nearly thirty-five million people speak in rajasthani alone endeavours have been made to provide this language the recognition which it is entitled to however, this language is yet to receive proper recognitionlikewise, oraon is a popular language of jharkhand which is spoken not only in the state but by lakhs of tribal people in west bengal, odisha and chhattisgarh also this language has rich tradition history of which dates back thousands of yearsin view of the above, in a bid to promote, consolidate and empower these languages, it is proposed that bhojpuri, magahi, rajasthani and oraon languages be included in the eighth schedule to the constitution and thus given due recognition keeping in view the fact that these languages are spoken by lakhs of peoplehence this billnew delhi;sunil kumar singhnovember 17, 2015 annexure extract from the constitution of india eighth schedule [articles 344(1) and 351] languages1 assamese 2 bengali 3 bodo 4 dogri 5 gujarati 6 hindi 7 kannada 8 kashmiri 9 konkani10 maithili 11 malayalam 12 manipuri 13 marathi 14 nepali 15 oriya 16 punjabi 17 sanskrit 18 santhali 19 sindhi 20 tamil 21 telugu 22 urdu lok sabha———— a billfurther to amend the constitution of india————(shri sunil kumar singh, mp)gmgipmrnd—2920ls(s3)—02-12-2015 | Parliament_bills | 15eb7910-1b0e-5564-9a2a-4c1279743ad8 |
bill no 253 of 2015 the commercial courts, commercial division and commercial appellate division of high courts bill , 2015 a billto provide for the constitution of commercial courts, commercial division and commercial appellate division in the high courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminarydefinitions2 (1) in this act, unless the context otherwise requires,––(a) "commercial appellate division" means the commercial appellate division in a high court constituted under sub-section (1) of section 5;5(b) "commercial court" means the commercial court constituted under sub-section (1) of section 3;(c) "commercial dispute" means a dispute arising out of––(i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents;10(ii) export or import of merchandise or services; (iii) issues relating to admiralty and maritime law; (iv) transactions relating to aircraft, aircraft engines, aircraft equipmentand helicopters, including sales, leasing and financing of the same;(v) carriage of goods;15(vi) construction and infrastructure contracts, including tenders; (vii) agreements relating to immovable property used exclusively in tradeor commerce;(viii) franchising agreements; (ix) distribution and licensing agreements; (x) management and consultancy agreements;20(xi) joint venture agreements; (xii) shareholders agreements; (xiii) subscription and investment agreements pertaining to the servicesindustry including outsourcing services and financial services;25(xiv) mercantile agency and mercantile usage; (xv) partnership agreements; (xvi) technology development agreements;(xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;30(xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum;(xx) insurance and re-insurance;35(xxi) contracts of agency relating to any of the above; and (xxii) such other commercial disputes as may be notified by the central governmentexplanation––a commercial dispute shall not cease to be a commercial dispute merely because-—40(a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property;(b) one of the contracting parties is the state or any of its agencies or instrumentalities, or a private body carrying out public functions;(d) "commercial division" means the commercial division in a high court constituted under sub-section (1) of section 4;5(e) "district judge" shall have the same meaning as assigned to it in clause (a)of article 236 of the constitution of india;10(f) "document" means any matter expressed or described upon any substance by means of letters, figures or marks, or electronic means, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter;(g) "notification" means a notification published in the official gazette and the expression "notify" with its cognate meanings and grammatical variations shall be construed accordingly;(h) "schedule" means the schedule appended to the act; and15(i) "specified value", in relation to a commercial dispute, shall mean the valueof the subject-matter in respect of a suit as determined in accordance with section 12 which shall not be less than one crore rupees or such higher value, as may be notified by the central government205 of 1908 1 of 1872(2) the words and expressions used and not defined in this act but defined in the code of civil procedure, 1908 and the indian evidence act, 1872, shall have the same meanings respectively assigned to them in that code and the act chapter ii constitution of commercial courts, commercial divisions and commercial appellate divisions25constitution of commercialcourts3 (1) the state government, may after consultation with the concerned high court, by notification, constitute such number of commercial courts at district level, as it may deem necessary for the purpose of exercising the jurisdiction and powers conferred on those courts under this act:30provided that no commercial court shall be constituted for the territory over which the high court has ordinary original civil jurisdiction(2) the state government shall, after consultation with the concerned high court specify, by notification, the local limits of the area to which the jurisdiction of a commercial court shall extend and may, from time to time, increase, reduce or alter such limits35(3) the state government shall, with the concurrence of the chief justice of the high court appoint one or more persons having experience in dealing with commercial disputes to be the judge or judges, of a commercial court, from amongst the cadre of higher judicial service in the state404 (1) in all high courts, having ordinary civil jurisdiction, the chief justice of the high court may, by order, constitute commercial division having one or more benches consisting of a single judge for the purpose of exercising the jurisdiction and powers conferred on it under this actconstitution of commercial division of high court(2) the chief justice of the high court shall nominate such judges of the high court who have experience in dealing with commercial disputes to be judges of the commercial division5 (1) after issuing notification under sub-section (1) of section 3 or order under sub-section (1) of section 4, the chief justice of the concerned high court shall, by order, constitute commercial appellate division having one or more division benches for the purpose of exercising the jurisdiction and powers conferred on it by the actconstitution of commercial appellate division5(2) the chief justice of the high court shall nominate such judges of the high courtwho have experience in dealing with commercial disputes to be judges of the commercial appellate division106 the commercial court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a specified value arising out of the entire territory of the state over which it has been vested territorial jurisdictionjurisdiction of commercial court5 of 190815explanation––for the purposes of this section, a commercial dispute shall be considered to arise out of the entire territory of the state over which a commercial court has been vested jurisdiction, if the suit or application relating to such commercial dispute has been instituted as per the provisions of sections 16 to 20 of the code of civil procedure, 19087 all suits and applications relating to commercial disputes of a specified value filed in a high court having ordinary original civil jurisdiction shall be heard and disposed of by the commercial division of that high court:jurisdiction of commercial divisions of high courts20provided that all suits and applications relating to commercial disputes, stipulated byan act to lie in a court not inferior to a district court, and filed on the original side of the high court, shall be heard and disposed of by the commercial division of the high court:16 of 2000 39 of 197025provided further that all suits and applications transferred to the high court by virtueof sub-section (4) of section 22 of the designs act, 2000 or section 104 of the patents act, 1970 shall be heard and disposed of by the commercial division of the high court in all the areas over which the high court exercises ordinary original civil jurisdiction308 notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a commercial court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against the decree of the commercial courtbar against revision application or petition against an interlocutory order5 of 1908359 (1) notwithstanding anything contained in the code of civil procedure, 1908, in theevent that a counterclaim filed in a suit before a civil court relating to a commercial dispute is of specified value, such suit shall be transferred by the civil court to the commercial division or commercial court, as the case may be, having territorial jurisdiction over such suittransfer of suit if counterclaim in a commercial dispute is of specified value40(2) in the event that such suit is not transferred in the manner contemplated insub-section (1), the commercial appellate division of the high court exercising supervisoryjurisdiction over the civil court in question may, on the application of any of the parties to the suit, withdraw such suit pending before the civil court and transfer the same for trial or disposal to the commercial court or commercial division or, as the case may be, having territorial jurisdiction over such suit, and such order of transfer shall be final and binding10 where the subject-matter of an arbitration is a commercial dispute of a specified value and––jurisdiction in respect of arbitration matters4526 of 1996(1) if such arbitration is an international commercial arbitration, all applicationsor appeals arising out of such arbitration under the provisions of the arbitration and conciliation act, 1996 that have been filed in a high court, shall be heard and disposed of by the commercial appellate division where such commercial appellate division has been constituted in such high court26 of 19965(2) if such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the arbitration and conciliation act, 1996 that have been filed on the original side of the high court, shall be heard and disposed of by the commercial appellate division where such commercial appellate division has been constituted in such high court26 of 199610(3) if such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the arbitration and conciliation act, 1996 that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a high court) shall be filed in, and heard and disposed of by the commercial court exercising territorial jurisdiction over such arbitration where such commercial court has been constituted1511 notwithstanding anything contained in this act, a commercial court or a commercial division shall not entertain or decide any suit, application or proceedings relating to any commercial dispute in respect of which the jurisdiction of the civil court is either expressly or impliedly barred under any other law for the time being in forcebar of jurisdiction of commercial courts and commercial divisions chapter iii specified value12 (1) the specified value of the subject-matter of the commercial dispute in a suit, appeal or application shall be determined in the following manner:––determination of specified value20(a) where the relief sought in a suit or application is for recovery of money, themoney sought to be recovered in the suit or application inclusive of interest, if any, computed up to the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value;25(b) where the relief sought in a suit, appeal or application relates to movableproperty or to a right therein, the market value of the movable property as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining such specified value;30(c) where the relief sought in a suit, appeal or application relates to immovableproperty or to a right therein, the market value of the immovable property, as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining specified value;(d) where the relief sought in a suit, appeal or application relates to any otherintangible right, the market value of the said rights as estimated by the plaintiff shall be taken into account for determining specified value; and35(e) where the counterclaim is raised in any suit, appeal or application, the valueof the subject-matter of the commercial dispute in such counterclaim as on the date of the counterclaim shall be taken into account40(2) the aggregate value of the claim and counterclaim, if any as set out in the statement of claim and the counterclaim, if any, in an arbitration of a commercial dispute shall be the basis for determining whether such arbitration is subject to the jurisdiction of a commercial division, commercial appellate division or commercial court, as the case may be5 of 190845(3) no appeal or civil revision application under section 115 of the code of civil procedure, 1908, as the case may be, shall lie from an order of a commercial division or commercial court finding that it has jurisdiction to hear a commercial dispute under this act chapter iv appeals513 (1) any person aggrieved by the decision of the commercial court or commercial division of a high court may appeal to the commercial appellate division of that high court within a period of sixty days from the date of judgment or order, as the case may be:appeals from decrees of commercial courts and commercial divisions5 of 1908 26 of 1996provided that an appeal shall lie from such orders passed by a commercial division or a commercial court that are specifically enumerated under order xliii of the code of civil procedure, 1908 as amended by this act and section 37 of the arbitration and conciliation act, 199610 (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a high court, no appeal shall lie from any order or decree of a commercial division or commercial court otherwise than in accordance with the provisions of this act14 the commercial appellate division shall endeavour to dispose of appeals filed before it within a period of six months from the date of filing of such appealexpeditious disposal of appeals15 chapter v transfer of pending suitstransfer of pending cases26 of 19962015 (1) all suits and applications, including applications under the arbitration and conciliation act, 1996, relating to a commercial dispute of a specified value pending in a high court where a commercial division has been constituted, shall be transferred to the commercial division26 of 1996(2) all suits and applications, including applications under the arbitration and conciliation act, 1996, relating to a commercial dispute of a specified value pending in any civil court in any district or area in respect of which a commercial court has been constituted, shall be transferred to such commercial court:25provided that no suit or application where the final judgment has been reserved by the court prior to the constitution of the commercial division or the commercial court shall be transferred either under sub-section (1) or sub-section (2)26 of 199630(3) where any suit or application, including an application under the arbitration and conciliation act, 1996, relating to a commercial dispute of specified value shall stand transferred to the commercial division or commercial court under sub-section (1) or sub-section (2), the provisions of this act shall apply to those procedures that were not complete at the time of transfer355 of 1908(4) the commercial division or commercial court, as the case may be, may hold case management hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such further directions as may be necessary for a speedy and efficacious disposal of such suit or application in accordance with order xiv-a of the code of civil procedure, 1908:5 of 190840provided that the proviso to sub-rule (1) of rule 1 of order v of the code of civil procedure, 1908 shall not apply to such transferred suit or application and the court may, in its discretion, prescribe a new time period within which the written statement shall be filed45(5) in the event that such suit or application is not transferred in the manner specified in sub-section (1), sub-section (2) or sub-section (3), the commercial appellate division of the high court may, on the application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer the same for trial or disposal to the commercial division or commercial court, as the case may be, having territorial jurisdiction over such suit, and such order of transfer shall be final and binding chapter vi amendments to the provisions of the code of civil procedure, 19085 of 1908516 (1) the provisions of the code of civil procedure, 1908 shall, in their applicationto any suit in respect of a commercial dispute of a specified value, stand amended in the manner as specified in the schedule5 of 1908(2) the commercial division and commercial court shall follow the provisions of thecode of civil procedure, 1908, as amended by this act, in the trial of a suit in respect of a commercial dispute of a specified valueamendments to the code of civil procedure, 1908 in its application t o commercial disputes5 of 190810(3) where any provision of any rule of the jurisdictional high court or any amendmentto the code of civil procedure, 1908, by the state government is in conflict with the provisions of the code of civil procedure, 1908, as amended by this act, the provisions of the code of civil procedure as amended by this act shall prevail chapter vii miscellaneous15 2017 the statistical data regarding the number of suits, applications, appeals or writpetitions filed before the commercial court, commercial division, or commercial appellate division, as the case may be, the pendency of such cases, the status of each case, and the number of cases disposed of, shall be maintained and updated every month by each commercial court, commercial division, commercial appellate division and shall be published on the website of the relevant high courtcollection and disclosure of data by commercial courts, commercial divisions and commercial appellate divisions5 of 190818 the high court may, by notification, issue practice directions to supplement theprovisions of chapter ii of this act or the code of civil procedure, 1908 insofar as such provisions apply to the hearing of commercial disputes of a specified valuepower of high court to issue directionsinfrastructure facilities2519 the state government shall provide necessary infrastructure to facilitate theworking of a commercial court or a commercial division of a high courttraining and continuous education20 the state government may, in consultation with the high court, establishnecessary facilities providing for training of judges who may be appointed to the commercial court, commercial division or the commercial appellate division in a high court30act to have overriding effect21 save as otherwise provided, the provisions of this act shall have effect,notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law for the time being in force other than this actpower to remove difficulties3522 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as may appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this act40(2) every order made under this section shall be laid, as soon as may be, after it is made, before each house of parliament23 (1) the commercial courts, commercial division and commercial appellate division of high courts ordnance, 2015 is hereby repealedrepeal and savings201545(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 schedule (see section 16)5 of 1908amendment of section 261 in section 26 of the code of civil procedure, 1908 (hereafter referred to as the code), in sub-section (2), the following proviso shall be inserted, namely:––"provided that such an affidavit shall be in the form and manner as prescribed under order vi of rule 15a" 2 for section 35 of the code, the following section shall be substituted, namely:––substitution of new section for section 35 costs'35 (1) in relation to any commercial dispute, the court, notwithstanding anything contained in any other law for the time being in force or rule, has the discretion to determine:(a) whether costs are payable by one party to another;(b) the quantum of those costs; and (c) when they are to be paidexplanation—for the purpose of clause (a), the expression "costs" shall mean reasonable costs relating to—(i) the fees and expenses of the witnesses incurred; (ii) legal fees and expenses incurred; (iii) any other expenses incurred in connection with theproceedings(2) if the court decides to make an order for payment of costs, the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party:provided that the court may make an order deviating from the general rule for reasons to be recorded in writing illustrationthe plaintiff, in his suit, seeks a money decree for breach of contract, and damages the court holds that the plaintiff is entitled to the money decree however, it returns a finding that the claim for damages is frivolous and vexatiousin such circumstances the court may impose costs on the plaintiff, despite the plaintiff being the successful party, for having raised frivolous claims for damages(3) in making an order for the payment of costs, the court shall have regard to the following circumstances, including—(a) the conduct of the parties; (b) whether a party has succeeded on part of its case, even if that party has not been wholly successful;(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the case;(d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party; and(e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of the court(4) the orders which the court may make under this provision include an order that a party must pay––(a) a proportion of another party's costs; (b) a stated amount in respect of another party's costs;(c) costs from or until a certain date; (d) costs incurred before proceedings have begun; (e) costs relating to particular steps taken in the proceedings; (f) costs relating to a distinct part of the proceedings; and (g) interest on costs from or until a certain date'3 in section 35a of the code, sub-section (2) shall be omittedamendment of section 35a amendment of first schedule4 in the first schedule to the code,––(a) in the order v, in rule 1, in sub-rule (1), for the second proviso, the following proviso shall be substituted, namely:––"provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record"; (b) in order vi,––(i) after rule 3, the following rule shall be inserted, namely:–– "3a forms of pleading in commercial courts––in a commercial dispute, where forms of pleadings have been prescribed under the high court rules or practice directions made for the purposes of such commercial disputes, pleadings shall be in such forms"; (ii) after rule 15, the following rule shall be inserted, namely:––''15a verification of pleadings in a commercial dispute— (1) notwithstanding anything contained in rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form prescribed in the appendix to this schedule(2) an affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the court to be acquainted with the facts of the case and who is duly authorised by such party or parties(3) where a pleading is amended, the amendments must be verified in the form and manner referred to in sub-rule (1) unless the court orders otherwise(4) where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be permitted to rely on such pleading as evidence or any of the matters set out therein(5) the court may strike out a pleading which is not verified by a statement of truth, namely, the affidavit set out in the appendix to this schedule";(c) in order vii, after rule 2, the following rule shall be inserted, namely:—"2a where interest is sought in the suit,—(1) where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under subrules (2) and (3)(2) where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the code of civil procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an act, in which case the act is to be specified in the plaint; or on some other basis and shall state the basis of that(3) pleadings shall also state—(a) the rate at which interest is claimed; (b) the date from which it is claimed; (c) the date to which it is calculated; (d) the total amount of interest claimed to the date of calculation; and(e) the daily rate at which interest accrues after that date";(d) in order viii,––(i) in rule 1, for the proviso, the following proviso shall be substituted, namely:––"provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record"; (ii) after rule 3, the following rule shall be inserted, namely:––"3a denial by the defendant in suits before the commercial division of the high court or the commercial court—(1) denial shall be in the manner provided in sub-rules (2),(3), (4) and (5) of this rule(2) the defendant in his written statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which allegations he admits(3) where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so and if he intends to put forward a different version of events from that given by the plaintiff, he must state his own version(4) if the defendant disputes the jurisdiction of the court he must state the reasons for doing so, and if he is able, give his own statement as to which court ought to have jurisdiction(5) if the defendant disputes the plaintiff's valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement of the value of the suit";(iii) in rule 5, in sub-rule (1), after the first proviso, the following proviso shall be inserted, namely:––''provided further that every allegation of fact in the plaint, if not denied in the manner provided under rule 3a of this order, shall be taken to be admitted except as against a person under disability" ; (iv) in rule 10, after the first proviso, the following proviso shall be inserted, namely:––''provided further that no court shall make an order to extend the time provided under rule 1 of this order for filing of the written statement";(e) for order xi of the code, the following order shall be substituted, namely:— "order xi disclosure, discovery and inspection of documents in suits before the commercial division of a high court or a commercial court1 (1) plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including:—disclosure and discovery of documents(a) documents referred to and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiff's case;(c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only––(i) for the cross-examination of the defendant's witnesses, or (ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or(iii) handed over to a witness merely to refresh his memory(2) the list of documents filed with the plaint shall specify whether the documents in the power, possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of custody of each document(3) the plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custodyexplanation––a declaration on oath under this sub-rule shall be contained in the statement of truth as set out in the appendix(4) in case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such additional documents in court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody(5) the plaintiff shall not be allowed to rely on documents, which were in the plaintiff's power, possession, control or custody and not disclosed along with plaint or within the extended period set out above, save and except by leave of court and such leave shall be granted only upon the plaintiff establishing reasonable cause for non–disclosure along with the plaint(6) the plaint shall set out details of documents, which the plaintiff believes to be in the power, possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave for production thereof by the said defendant(7) the defendant shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the written statement or with its counterclaim if any, including—(a) the documents referred to and relied on by the defendant in the written statement;(b) the documents relating to any matter in question in the proceeding in the power, possession, control or custody of the defendant, irrespective of whether the same is in support of or adverse to the defendant's defence;(c) nothing in this rule shall apply to documents produced by the defendants and relevant only––(i) for the cross-examination of the plaintiff's witnesses, (ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or(iii) handed over to a witness merely to refresh his memory(8) the list of documents filed with the written statement or counterclaim shall specify whether the documents, in the power, possession, control or custody of the defendant, are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document being produced by the defendant, mode of execution, issuance or receipt and line of custody of each document(9) the written statement or counterclaim shall contain a declaration on oath made by the deponent that all documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings initiated by the plaintiff or in the counterclaim, have been disclosed and copies thereof annexed with the written statement or counter-claim and that the defendant does not have in its power, possession, control or custody, any other documents(10) save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, which were in the defendant's power, possession, control or custody and not disclosed along with the written statement or counterclaim, save and except by leave of court and such leave shall be granted only upon the defendant establishing reasonable cause for non-disclosure along with the written statement or counterclaim(11) the written statement or counterclaim shall set out details of documents in the power, possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have not been disclosed with the plaint, and call upon the plaintiff to produce the same(12) duty to disclose documents, which have come to the notice of a party, shall continue till disposal of the suitdiscovery by interrogatories2 (1) in any suit the plaintiff or defendant by leave of the court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer:provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose:provided further that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness(2) on an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the court, and that court shall decide within seven days from the day of filing of the said application, in deciding upon such application, the court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the court shall consider necessary either for disposing fairly of the suit or for saving costs(3) in adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault5 of 1908(4) interrogatories shall be in the form provided in form no 2 in appendix c to the code of civil procedure, 1908, with such variations as circumstances may require(5) where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer of other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly(6) any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in answer(7) any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and any application for this purpose may be made within seven days after service of the interrogatories(8) interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow5 of 1908(9) an affidavit in answer to interrogatories shall be in the form provided in form no 3 in appendix c to the code of civil procedure, 1908, with such variations as circumstances may require(10) no exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the court(11) where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and an order may be made requiring him to answer, or to answer further, either affidavit or by viva voce examination, as the court may directinspection3 (1) all parties shall complete inspection of all documents disclosed withinthirty days of the date of filing of the written statement or written statement to the counterclaim, whichever is later the court may extend this time limit upon application at its discretion, but not beyond thirty days in any event(2) any party to the proceedings may seek directions from the court, at any stage of the proceedings, for inspection or production of documents by the other party, of which inspection has been refused by such party or documents have not been produced despite issuance of a notice to produce(3) order in such application shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by court) and hearing(4) if the above application is allowed, inspection and copies thereof shall be furnished to the party seeking it, within five days of such order(5) no party shall be permitted to rely on a document, which it had failed to disclose or of which inspection has not been given, save and except with leave of court(6) the court may impose exemplary costs against a defaulting party, who wilfully or negligently failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in their power, possession, control or custody or where a court holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refusedadmission and denial of documents4 (1) each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the court(2) the statement of admissions and denials shall set out explicitly, whether such party was admitting or denying:—(a) correctness of contents of a document; (b) existence of a document; (c) execution of a document; (d) issuance or receipt of a document; (e) custody of a documentexplanation––a statement of admission or denial of the existence of a document made in accordance with sub-rule (2)(b) shall include the admission or denial of the contents of a document(3) each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the court(4) any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever(5) an affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement(6) in the event that the court holds that any party has unduly refused to admit a document under any of the above criteria,– costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the court on such party(7) the court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documentsproduction of documents5 (1) any party to a proceeding may seek or the court may order, at any time during the pendency of any suit, production by any party or person, of such documents in the possession or power of such party or person, relating to any matter in question in such suit5 of 1908(2) notice to produce such document shall be issued in the form provided in form no 7 in appendix c to the code of civil procedure, 1908(3) any party or person to whom such notice to produce is issued shall be given not less than seven days and not more than fifteen days to produce such document or to answer to their inability to produce such document(4) the court may draw an adverse inference against a party refusing to produce such document after issuance of a notice to produce and where sufficient reasons for such non–production are not given and order costselectronic records21 of 20006 (1) in case of disclosures and inspection of electronic records (as defined in the information technology act, 2000), furnishing of printouts shall be sufficient compliance of the above provisions(2) at the discretion of the parties or where required (when parties wish to rely on audio or video content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of printouts(3) where electronic records form part of documents disclosed, the declaration on oath to be filed by a party shall specify––(a) the parties to such electronic record; (b) the manner in which such electronic record was produced and by whom;(c) the dates and time of preparation or storage or issuance or receipt of each such electronic record;(d) the source of such electronic record and date and time when the electronic record was printed;(e) in case of email ids, details of ownership, custody and access to such email ids;(f) in case of documents stored on a computer or computer resource(including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource;(g) deponent's knowledge of contents and correctness of contents; (h) whether the computer or computer resource used for preparing or receiving or storing such document or data was functioning properly or in case of malfunction that such malfunction did not affect the contents of the document stored;(i) that the printout or copy furnished was taken from the original computer or computer resource (4) the parties relying on printouts or copy in electronic form, of any electronic records, shll not be required to give inspection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been made from the original electronic record(5) the court may give directions for admissibility of electronic records at any stage of the proceedings(6) any party may seek directions from the court and the court may of its motion issue directions for submission of further proof of any electronic record including metadata or logs before admission of such electronic record5 of 19087 for avoidance of doubt, it is hereby clarified that order xiii rule 1, order viirule 14 and order viii rule 1a of the code of civil procedure, 1908 shall not apply to suits or applications before the commercial divisions of high court or commercial courts"certain provisions of the code of civil procedure, 1908 not to apply5 after order xiii of the code, the following order shall be inserted, namely:— 'order xiii-ainsertion of new order xiii-a summary judgement1 (1) this order sets out the procedure by which courts may decide a claim pertaining to any commercial dispute without recording oral evidencescope of and classes of suits to which this order applies(2) for the purposes of this order, the word "claim" shall include—(a) part of a claim; (b) any particular question on which the claim (whether in whole or in part) depends; or(c) a counterclaim, as the case may be(3) notwithstanding anything to the contrary, an application for summary judgment under this order shall not be made in a suit in respect of any commercial dispute that is originally filed as a summary suit under order xxxvii2 an applicant may apply for summary judgment at any time after summons has been served on the defendant:stage for application for summary judgmentprovided that, no application for summary judgment may be made by such applicant after the court has framed the issues in respect of the suit3 the court may give a summary judgment against a plaintiff or defendant on a claim if it considers that––grounds for summary judgment(a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and(b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidenceprocedure4 (1) an application for summary judgment to a court shall, in addition to any other matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned hereunder:—(a) the application must contain a statement that it is an application for summary judgment made under this order;(b) the application must precisely disclose all material facts and identify the point of law, if any;(c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,––(i) include such documentary evidence in its application, and (ii) identify the relevant content of such documentary evidence on which the applicant relies; (d) the application must state the reason why there are no real prospects of succeeding on the claim or defending the claim, as the case may be;(e) the application must state what relief the applicant is seeking and briefly state the grounds for seeking such relief (2) where a hearing for summary judgment is fixed, the respondent must be given at least thirty days' notice of:—(a) the date fixed for the hearing; and (b) the claim that is proposed to be decided by the court at such hearing(3) the respondent may, within thirty days of the receipt of notice of application of summary judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses (a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:—(a) the reply must precisely––(i) disclose all material facts; (ii) identify the point of law, if any; and (iii) state the reasons why the relief sought by the applicant should not be granted; (b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the respondent must—(i) include such documentary evidence in its reply; and (ii) identify the relevant content of such documentary evidence on which the respondent relies; (c) the reply must state the reason why there are real prospects of succeeding on the claim or defending the claim, as the case may be;(d) the reply must concisely state the issues that should be framed for trial;(e) the reply must identify what further evidence shall be brought on record at trial that could not be brought on record at the stage of summary judgment; and(f) the reply must state why, in light of the evidence or material on record if any, the court should not proceed to summary judgment 5 (1) notwithstanding anything in this order, if the respondent in an application for summary judgment wishes to rely on additional documentary evidence during the hearing, the respondent must:—evidence for hearing of summary judgment(a) file such documentary evidence; and (b) serve copies of such documentary evidence on every other party to the application at least fifteen days prior to the date of the hearing (2) notwithstanding anything in this order, if the applicant for summary judgment wishes to rely on documentary evidence in reply to the defendant's documentary evidence, the applicant must:—(a) file such documentary evidence in reply; and (b) serve a copy of such documentary evidence on the respondent at least five days prior to the date of the hearing (3) notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary evidence to be:—(a) filed if such documentary evidence has already been filed; or (b) served on a party on whom it has already been served6 (1) on an application made under this order, the court may make such orders that it may deem fit in its discretion including the following:—orders that may be made by court(a) judgment on the claim; (b) conditional order in accordance with rule 7 mentioned hereunder; (c) dismissing the application; (d) dismissing part of the claim and a judgment on part of the claim that is not dismissed;(e) striking out the pleadings (whether in whole or in part); or (f) further directions to proceed for case management under order xva(2) where the court makes any of the orders as set forth in sub-rule (1) (a) to (f), the court shall record its reasons for making such orderconditional order 7 (1) where it appears to the court that it is possible that a claim or defence may succeed but it is improbable that it shall do so, the court may make a conditional order as set forth in rule 6 (1) (b)(2) where the court makes a conditional order, it may:—(a) make it subject to all or any of the following conditions:—(i) require a party to deposit a sum of money in the court; (ii) require a party to take a specified step in relation to the claim or defence, as the case may be;(iii) require a party, as the case may be, to give such security or provide such surety for restitution of costs as the court deems fit and proper;(iv) impose such other conditions, including providing security for restitution of losses that any party is likely to suffer during the pendency of the suit, as the court may deem fit in its discretion; and (b) specify the consequences of the failure to comply with the conditional order, including passing a judgment against the party that have not complied with the conditional orderpower to impose costs8 the court may make an order for payment of costs in an application for summary judgment in accordance with the provisions of sections 35 and 35a of the code'6 order xv of the code shall be omittedomission of order xv7 after order xv of the code, the following order shall be inserted, namely:—insertion of order xv-a "order xv-a case management hearingfirst case management hearing1 the court shall hold the first case management hearing, not later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties to the suit2 in a case management hearing, after hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the court may pass an order––orders to be passed in a case management hearing5 of 1908(a) framing the issues between the parties in accordance with order xivof the code of civil procedure, 1908 after examining pleadings, documents and documents produced before it, and on examination conducted by the court under rule 2 of order x, if required;(b) listing witnesses to be examined by the parties; (c) fixing the date by which affidavit of evidence to be filed by parties; (d) fixing the dates on which evidence of the witnesses of the parties tobe recorded;(e) fixing the date by which written arguments are to be filed before thecourt by the parties;(f) fixing the date on which oral arguments are to be heard by the court; and (g) setting time limits for parties and/or their advocates to address oralarguments3 in fixing dates or setting time limits for the purposes of rule 2 of this order, the court shall ensure that the arguments are closed not later than six months from the date of the first case management hearingtime limit for the completion of a trial4 the court shall, as far as possible, ensure that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all the witnesses is completerecording of oral evidence on a day-today basis5 the court may, if necessary, also hold case management hearings anytime during the trial to issue appropriate orders so as to ensure adherence by the parties to the dates fixed under rule 2 and facilitate speedy disposal of the suitcase management hearings during a trial6 (1) in any case management hearing held under this order, the court shall have the power to—powers of the court in a case management hearing(a) prior to the framing of issues, hear and decide any pending applicationfiled by the parties under order xiii-a;(b) direct parties to file compilations of documents or pleadings relevant and necessary for framing issues;(c) extend or shorten the time for compliance with any practice, direction or court order if it finds sufficient reason to do so;(d) adjourn or bring forward a hearing if it finds sufficient reason to do so; (e) direct a party to attend the court for the purposes of examination under rule 2 of order x;(f) consolidate proceedings;(g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;(h) direct a separate trial of any issue; (i) decide the order in which issues are to be tried; (j) exclude an issue from consideration; (k) dismiss or give judgment on a claim after a decision on a preliminary issue;(l) direct that evidence be recorded by a commission where necessary in accordance with order xxvi;(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or argumentative material;(n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant, inadmissible or argumentative material;(o) delegate the recording of evidence to such authority appointed by the court for this purpose;(p) pass any order relating to the monitoring of recording the evidence by a commission or any other authority;(q) order any party to file and exchange a costs budget; (r) issue directions or pass any order for the purpose of managing the case and furthering the overriding objective of ensuring the efficient disposal of the suit (2) when the court passes an order in exercise of its powers under this order, it may—(a) make it subject to conditions, including a condition to pay a sum of money into court; and(b) specify the consequence of failure to comply with the order or a condition (3) while fixing the date for a case management hearing, the court may direct that the parties also be present for such case management hearing, if it is of the view that there is a possibility of settlement between the parties7 (1) the court shall not adjourn the case management hearing for the sole reason that the advocate appearing on behalf of a party is not present:adjournment of case management hearingprovided that an adjournment of the hearing is sought in advance by moving an application, the court may adjourn the hearing to another date upon the payment of such costs as the court deems fit, by the party moving such application(2) notwithstanding anything contained in this rule, if the court is satisfied that there is a justified reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and conditions it deems fit8 where any party fails to comply with the order of the court passed in a case management hearing, the court shall have the power to—consequences of noncompliance with orders(a) condone such non-compliance by payment of costs to the court; (b) foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be, or(c) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the imposition of costs is not adequate to ensure compliance" 8 in order xviii of the code, in rule 2, for sub-rules (3a), (3b), (3c), (3d), (3e)and (3f), the following shall be substituted, namely:––amendment of order xviii"(3a) a party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the court and such written arguments shall form part of the record(3b) the written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party(3c) a copy of such written arguments shall be furnished simultaneously to the opposite party(3d) the court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments(3e) no adjournment shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment(3f) it shall be open for the court to limit the time for oral submissions having regard to the nature and complexity of the matter" 9 in order xviii of the code, in rule 4, after sub-rule (1), the following sub-rules shall be inserted, namely:––amendment of order xviii(1a) the affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed simultaneously by that party at the time directed in the first case management hearing(1b) a party shall not lead additional evidence by the affidavit of any witness (including of a witness who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving reasons, permitting such additional affidavit is passed by the court(1c) a party shall however have the right to withdraw any of the affidavits so filed at any time prior to commencement of cross-examination of that witness, without any adverse inference being drawn based on such withdrawal:provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such withdrawn affidavit" 10 in order xix of the code, after rule 3, the following rules shall be inserted, namely:––amendment to order xix court may control evidence "4 (1) the court may, by directions, regulate the evidence as to issues on which it requires evidence and the manner in which such evidence may be placed before the court(2) the court may, in its discretion and for reasons to be recorded in writing, exclude evidence that would otherwise be produced by the parties"5 a court may, in its discretion, for reasons to be recorded in writing––redacting or rejecting evidence(i) redact or order the redaction of such portions of the affidavit ofexamination-in-chief as do not, in its view, constitute evidence(ii) return or reject an affidavit of examination-in-chief as notconstituting admissible evidence6 an affidavit must comply with the form and requirements set forth below:—format and guidelines of affidavit of evidence(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with;(b) where the court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper;(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject;(d) an affidavit shall state—(i) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief; and(ii) the source for any matters of information or belief;(e) an affidavit should—(i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file);(ii) be divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures;and(iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are relied upon"amendment of order xx11 in order xx of the code, for rule 1, the following rule shall be substituted, namely:––"(1) the commercial court, commercial division, or commercial appellate division, as the case may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise" appendix statement of truth(under first schedule, order vi-rule 15a and order xi-rule 3) statement of truth by [party position and name of party in full] i, the deponent above-named, do hereby solemnly affirm and declare as under:1 i am [name of party and relevant details] in the above suit and competent to swear this affidavit2 i am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto3 i say the statements made in [mention specific paragraph numbers] paragraphs are true to my knowledge and statements made in [mention specific paragraph numbers] paragraphs are based on information received which i believe to be correct and statements made in [mention specific paragraph numbers] are based on legal advice4 i say that there is no false statement or concealment of any material fact, document or record and i have included information that is according to me, relevant for the present suit5 i say that that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that i do not have any other documents in my power, possession, control or custody6 i say that the above-mentioned pleading comprises of a total of [number of pages]pages, each of which has been signed by me7 i state that the annexures hereto are true copies of the documents referred to and relied upon by me8 i say that i am aware that for any false statement or concealment, i shall be liable for action taken against me under the lawplace: date: verificationthe statements made above are true to my knowledge verified at [place] on this [date]deponent statement of objects and reasonsthe proposal to provide for speedy disposal of high value commercial disputes has been under consideration of the government for quite some time the high vlaue commercial disputes involve complex facts and question of law therefore, there is a need to provide for an independent mechanism for their early resolution early resolution of commercial disputes shall create a positive image to the investor world about the independent and responsive indian legal system2 the law commission of india in its 188th report had recommended the constitution of the commercial division in each high court accordingly, the commercial division of high courts bill, 2009 was introduced and passed by the lok sabha however, during the discussion of the aforesaid bill in the rajya sabha, some members raised certain issues and in view thereof, the matter was again referred to the law commission of india for its examination the law commission of india, in its 253rd report, has recommended for the establishment of the commercial courts, the commercial division and the commercial appelate divisions in the high courts for disposal of commercial disputs of specified value3 based on the recommendations of the law commission made in its 253rd report, a bill namely, the commerical courts, commercial division and commercial appellate division of high courts bill, 2015 was introduced in the rajya sabha on 24th april, 2015 and the same is at present under the consideration of the department related parliamentary standing committee on personnel, public grievances, law and justice as provided in the said bill, 2015, all the suits, appeals or applications related to commercial disputes of specified value ie one crore or above, are to be dealt with by the commercial courts or the commcericial division of the high court4 by way of the delhi high court (amendment) act, 2015, the ordinary original jurisdiction of the delhi high court has been increased from rupees twenty lakhs to rupees two crore and there is a provision for transfer of pending case from the delhi high court to district courts on the enactment of commercial courts, commercial division and commercial appellate division of high courts bill, 2015, some of the commercial disputes which are to be transferred to the district courts from the delhi high court may again be required to be transferred to the commercial division of the high court of delhi it would cause delay in the disposal of cases as well as inconvenience to the parties and counsels and may also result in confusion therefore, it became necessary that the provisions of the delhi high court (amendment) act, 2015 and establishment of the commercial courts and commercial division of the high courts may be brought into force simultaneously5 as parliament was not in session and urgent steps were needed to be taken, the commercial courts, commercial division and commercial appellate division in high courts ordinance, 2015 was promulgated on 23rd october, 20156 it is proposed to introduced the commercial courts, commercial division and commercial appellate division of high courts bill, 2015 to replace the commercial courts, commercial division and commercial appellate division of high courts ordinance, 2015 which inter alia, provides for the following namely:—(i) constitution of the commercial courts at district level except for the territory over which any high court is having ordinary original civil jurisdiction;(ii) constitution of the commercial divisions in those high courts which are already excersing ordinary civil jurisdiction and they shall have territorial jurisdiction over such areas on which it has original jurisdiction;(iii) constitution of the commercial appellate division in all the high courts to hear the appeals against the orders of the commercial courts and the orders of the commercial division of the high court;(iv) the minimum pecuniary jurisdiction of such commercial courts and commercial division is proposed as one crore rupees; and(v)to amend the code of civil procedure, 1908 as applicable to the commercial courts and commercial divisions which shall prevail over the existing high courts rules and other provisions of the code of civil procedure, 1908 so as to improve the efficiency and reduce delays in disposal of commercial cases 7 the proposed bill shall accelerate economic growth, improve the international image of the indian justice delivery system, and the faith of the investor world in the legal culture of the nation8 the bill seeks to replace the aforesaid ordinance new delhi;dv sadananda gowdathe 25th november, 2015 annexure extracts from the code of civil procedure, 1908 (5 of 1908) institution of suits26 (1) institutions of suits(2) in every plaint, facts shall be proved by affidavit| | | | | ||------|------|------|------|-----| costscost35 (1) subject to such conditions and limitations as may be prescribed, and to theprovisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the 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 purposes aforesaid the fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers(2) where the court directs that any costs shall not follow the event, the court shall state its reasons in wirting35a (1) (2) no court shall make any such order for the payment of an amount exceeding three thousand rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:compensatory costs in respect of false or vexatious claims or defences9 of 1887provided that where the pecuniary limits of the jurisdiction of any court exercising the jurisdiction of a court of small causes under the provincial small cause courts act, 1887, or under a corresponding law in force in any part of india to which the said act does not extend and not being a court constituted under such act or law are less than two hundred and fifty rupees, the high court may empower such court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limit by more than one hundred rupees:provided further that the high court may limit the amount which any court or class of courts is empowered to award as costs under this section| | | | | ||------|------|------|------|-----| order v issue and service or summons issue of summonssummons1 (1) when a suit has been duly instituted, a summons may be issued to the defendantto appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on the defendant:provided that no such summons shall be issued when a defendant has appeard at thepresentation of plaint and admitted the plaintiffs claim:provided further that where the defendant fails to file the written statement within thesaid period of thirty days, he shall be allowed to file the same on such other day as may bespecified by the court, for reasons to be recorded in writing but which shall not be later than ninety days from the date of service of summons order viii written statement, set-off and counterclaimwritten statement1 the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to the file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons| | | | | ||------|------|------|------|-----| order xi discovery and inspectiondiscovery by interrogatories1 in any suit the plaintiff or defendant by leave of the court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons in required to answer:provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose:| | | | | ||------|------|------|------|-----|provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral corss-examination of a witnessparticular interrogatories to be submitted2 on an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the court and that court shall decide within seven days from the date of filing of the said application in deciding upon such application, the court shall take to account any offer, which may be made by the party sought to interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the court shall consider necessary either for disposing fairly of the suit or for saving costscosts of interrogatories3 in adjusting the costs of the suit inquiry shall at the instance of any party be made into the properiety of exhibiting such interrogatories, and if it is the option of the taxing officer or of the court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in faultform of interrogatories4 interrogatories shall be in form no 2 in appendix c, with such variations as circumstances may requirecorporations5 where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member of officer of such corporation or body, and an order may be made accordinglyobjections to interrogatories by answer6 any objection to answering any interrogatory on the ground that it is sacandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or on the ground of privilege or any other ground, may be taken in the affidavit in answersetting aside and striking out interrogatories7 any interrogatories may be set aside on the ground that they have been exhibitedunreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive unnecessary or scandalous; and any application for this purpose may be made within seven days after service of the interrogatoriesaffidavit inanswer, filing8 interrogatories shall be answered by affidavit to be filed within ten days, or withinsuch other time as the court may allow9 an affidavit in answer to interrogatories shall be in form no 3 in appendix c, withsuch variations as circumstances may requireform ofaffidavit inanswer no exception to be taken10 no exceptions shall be taken to any affidavit in answer, but the sufficiency orotherwise of any affidavit objected to as insufficient shall be determined by the courtorder toanswer oranswer further11 where any person interrogated omits to answer, or answers insufficiently, theparty interrogating may apply to the court for an order requiring him to answer, or to answer further, as the case may be and an order may be made requiring him to answer or answer further, either by affidavit or by viva doce examination, as the court may directapplication for discovery of documents12 any party may, without filing any affidavit, apply to the court for an order directingany other party to any suit to made discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein on the hearing of such application the court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its diseretion, be thought fit:provided that discovery shall not be ordered when and so far as the court shall be ofopinion that it is not necessary either for disposing fairly of the suit or for saving costsaffidavit of documents13 the affidavit to be made may a party against whom such order as is mentioned inthe last preceding rule has been made, shall specify which (if any) of the documents therein mentioned be objects to produce, and it shall be in form no 5 in appendix c, with such variations as circumstances may requireproduction of documents14 it shall be lawful for the court, at any time during the pendency of any suit, to orderthe production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such suit, as the court shall think right; and the court may deal with such documents, when produced, in such manner as shall appear justinspection of d o c u m e n t s referred to in pleadings or affidavits15 every party to a suit shall be entitled at or before the settlement of issues to givenotice to any other party, in whose pleadings or affidavits reference is made to any document, or who has entered any document in any list annexed to his pleadings, to produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the court shall deem sufficient for not complying with such notice, in which case the court may allow the same to be put in evidence on such terms as to costs and otherwise as the court shall think fitnotice toproduce16 notice to any party to produce any documents referred to in his pleading oraffidavits shall be in form no 7 in appendix c, with such variations as circumstances may requiretime for inspection when notice given17 the party to whom such notice is given shall, within ten days from the receipt ofsuch notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or business,at their usual place of custody, and stating which (in any) of the documents he objects to produce, and on what ground such notice shall be in form no 8 in appendix c, with such variations as circumstances may requireorder for inspection18 (1) where the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit:provided that the order shall not be made when and so far as the court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs(2) any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party the court shall not make such order for inspection of such documents when and so far as the court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costsverified copies19 (1) where inspection of any business books is applied for, the court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, inter-lineations or alterations:provided that, notwithstanding that such copy has been supplied, the court may order inspection of the book from which the copy was made(2) where on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the court to inspect the document for the purpose of deciding as to the validity of the claim of privilege, unless the document relates to matters of state(3) the court may, on the application of any party to a suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been, in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the suit, or to some of thempremature discovery20 where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspectionnoncompliance with order for discovery21 (1) where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the court for an order to that effect, and an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard(2) where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action22 any party may, at the trial of a suit, use in evidence anyone or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer:using answers t o interrogatories at trialprovided always that in such case the court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in23 this order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disabilityorder to apply to minors order xv disposal of the suit at the first hearingparties not at issue1 where at the first hearing of a suit it appears that the parties are not at issue on anyquestion of law or of fact, the court may at once pronounce judgmentone of several defendants not at issue2 (1) where there are more defendants than one, and any one of the defendants is notat issue with the plaintiff on any question of law or of fact, the court may at once pronounce judgment for or against such defendant and the suit shall proceed only against the other defendants(2) whenever a judgment is prononced under this rule, a decree shall be drawn up in accordance with such judgment and the decree shall bear the date on which the judgment was pronouncedparties at issue3 (1) where the parties are at issue on some question of law or of fact, and issue have been framed by the court as hereinbefore provided, if the court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the court may proceed to determine such issues, and if, if the finding thereon is sufficient for the decision, may pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only or for the final disposal of the suit:provided that, where the summons has been issued for the settlement of issues only, the parties or their pleaders are present and none of them objects(2) where the finding is not sufficient for the decision, the court shall postpone the further hearing of the suit, and shall fix a day for the production of such further evidence, or for such further argument as the case requiresfailure to produce evidence4 where the summons has been issued for the final disposal of the suit and either party fails without sufficient cause to produce the evidence on which he relies, the court may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the suit for the production of such evidence as may be necessary for its decision upon such issues| | | | | ||------|------|------|------|-----| order xviii hearing of the suit and examination of witnesses| ||---------------|| statement and || production of || evidence |2 (1) on the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove| | | | | ||------|------|------|------|-----|(3a) any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the court so permits concisely and under distinct headings written arguments in support of his case to the court and such written arguments shall form part of the record(3b) a copy of such written arguments shall be simultaneously furnished to the opposite party(3c) no adjournment shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment(3d) the court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit order xx judgment and decree1 (1) the court, after the case has been heard, shall pronounce judgment in an open court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:provided that where the judgment is not pronounced at once, every endeavour shall be made by the court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders ———— a billto provide for the constitution of commercial courts, commercial division and commercial appellate division in the high courts for adjudicating commercial disputes of specified value and matters connected therwith or incidental thereto————(shri dv sadananda gowda, mp)gmgipmrnd—3050ls(s3)—30-11-2015 | Parliament_bills | b7466ca1-8d31-5194-bdf1-d2a1aada5095 |
bill no 102 of 1881 the british india corporation umited (acquisition of shares) bill, 1981 a billto provide fm' the acquisition of certain shares of the british india corporation limited with a view to securing the propet management of the affairs of the company and the continuity and development of the production of goods which il'i'e vital to the needs of the countty and for matters connected therewith fyf' incidental thereto whereas messrs british india corporation limited, kanpur, are engaged in the manufacture and production of pure and blended woollen fabrics which are vital to the needs of the general public; and whirj:as as a result of an investigation macle under section 15 of 88 of 1981 5 the industries (development and regulation) act, 1951, certain directions were issued to the company under section 16 of that act which, inter cilia included the modernisation of the plant and machinery of the undertakings of the company; and whereas for the purpose of carrying out the sail'\ directions, public 10 financial institutions had advanced large sums of money to the company; and whereas the central government and certain· public financial institutions have also invested considerable funds in the share capital of the company; and whereas the state bank of india has advanced consic\erable sums 15 to tlie company and a part thereof has been gu8l1lnteed by the central government; aj:m w'bjibas further investment of large sums of money is necesslll'j for the maintenance and development of the production af the undertakings of the company and for securing the proper management of the aftaira of the company; and wherilas acquisition by the central government f an effective 5 control over the affairs of the company is necessary to enable it to make the investments aforesaid; be it enacted by parliament in the thirty-second year of the repubuc of india as fo11owa:- chapter i1 (1) this act may be called the british india corporation limited (acquisition of shares) act, 1981 shorttltle andcomj mence-iqedt (z) it shall be deemed to have come into force em the 11th day of 15 june, 1981 de1lnitiodl 2 in this act, unless the context otherwise requires,-(a) "appointed day" means the 11th day of june, 1981; 10 of 1949 (b) "bank" means a banldng company within the meaning of the banking regulation act, 1949; (c) "commissioner" means the commissioner of payments· ao appointed under section 6; (el) "company" means the british india corporation limited, being a company within the meaning of the companies act, 1956, 1 of 19d8 and having its registered office at sutherland house, kanpur, in the state of uttar pradesh; a5 (e) "notification" means a notification publishe<\ in the oftlclal gazette; (f) "share" means a share, whether ordinary or preference, in the capital of the company, and includes a share pledged by any shbjeholder with any badk or other crectltor, but does not include 80 any share in the capital ot the company held by-(i) the central government; (h) any state government; (ii' the state bank of india, established under section 3 of the state bank of india act, 1955, andfts 8ubsidiary banks; 85 23 of 1965 (tv) thie :ute murance corporation of india, estabhsbed under section 3 of the ufe insurance corporation act, 1986; 31 of 1956 (v) the unit trust of india, estaolished under seetioft 3 of the unit trust of india act, 1963' ' 82 at 1963 (vi) any corresponding new bank, within the mean'ing of 40 the banking companies ~cqui'sltion and transfer of undertakings) act, 1970;' 6 of 1t'70 (vii) any cd~nding new bank, within the mean1ni of the banking coalpanies (acquisition and tnnsfer of undertakin&s) act, 1980j 0 ot 1980 5'7 of 1972 5 (viii) any general insurance company nationalised by the general insurance business (nationalisation) act, 1972; (g) ''sharehojder'' mead,-(i) a person who, immediately before the appointed day, was registered by the company as the holder of any sbaile and includes his legal representative; or 10 1 of 1956 (it) a perhjl who, before the appoimted day, had lodged wwh tbecompany a proper wtrument of transfer of any share in the fond pre6clibed under aectioo 106 of the companies act, 1856, and frxecuted in accordance with the provisions of that section; or 15 1 of 1958, (ai) a penon who claima under a proper instrumen\ of transfer of any share in the form pwcribed under seetioi:l 106 of the companies act, 1m, and ~livers auca iuvument to the commimioder, duly executed, on or bef~ such date as tbe central government may, by notificatioll, specify in tbis b,ehalf; 120 (h) "specified date"means such date aa the central governsnent may, tor the purpose of any pl"ovision of this act, by notification, ~ and different dates may be specified for di1lerent pro~ons of thia act; 1 of 1956 25 (i) words and expressions used herein and not defined but deftned in the companies act, 1956, have the meaningsrespective1y assigned to ~m in that act chapter ii al:ql1isitlollj 01' the sharbs of the compalc'y3 (1) oil the appointed day, all the shares of the company shah, by, 30 virtue of this act, stand transferred to, and vest id, the central! govern ment 1' • ' (2) n central governmeat shall be deemed, on and from tbie appoilhed day, to have been registered in the register of members at the comany as tile boldter of each ahare which stands transferred to, s5 add vested in, it by virtue of the pcovisions of sub-section (1) transfer and vest ingot shares of the companyin the central govern· 'ment (3) all the shares which have vested in the central government under sub-section (1), shall, by force of such vesting, be freed and discharsed of all trusts, liabilities, obligations, mortgages, charges, liens and other encumbrances affecting them, and any attachment, 40 injunction or any decree or order of the court, tribunal or other authority restricting t~ use of such shares in any manner, shall be deemed to have been withdrawn (4) for the removal of doubts, it is hereby declared that the pre>-visions of sub-sections (1) and (2) shall not be deemed to affect-(a) any right of the company subsisting, immediately ·before the appointed day, aga1nst any shareholder to recover from such , abareholder ,any sum, of money on the ground that the ~eholdet has not paid or credited to the companyj the whole or any part of the value of the shares held by him, or, on any othergrowid what-8oe\i'ei';or (b) any right of the shareholder subsisting, immediately 5 before the appointed day, against the company to receive any dividend or other payment due from the company management of the company 4 for the purpose of' enabling tb,ie company to function as, a government company, the central government may, by notification, make such provisions (including changes in the board of directors, and lo amendrn/mts in the memonmdum and articles of association, of the company) as it may consider necessary and the provisions so made shall have effect notwithstanding anything contained in the companies act, 1956 payment of amounts 5(1) for the transfer to, and vesting in, the central govemment, 15 under section 3, ~ the shal'es of the company, tbere shall begived by the 'central government to the shareholden of the company, in cash and in the manner speclfted in section 7, an amount of rupees twenty-two lakhs and sdty ,thousand (2) the 8dloubt referred to in sub-seetien (1), shajl carry simple 20 interest 1it the rate of four per cent, pet' addum for the period commencing on the appoillted day and ending on the date on which payment of sucb amount is made by the central government to the commissioner 6 (1) the central government sball,for the purpose of dbbul'sing the amounts payable to shareholders of the company under section 5, 25 by notification, appoint a commissioner of payments appointment of commlssioner of payments (2) the central government may appoint sueb other persons u it may think fit to assist the commissioner and thereupon the commimioner , may authorise ode or more of such penons also to exercise all or aa)' of the powers exercisable by him under this ad, and difterent persons ma, 30 be authorised to exercise different powers (3) any person authorised by the cojdjdisslgiler to 8xel'dse _y of tbe powers exereisahle by tbe comnuasioner may exercise thole powers in the same manner and with the same effect 'as u they have been eeafer:red on tbat :person diredly by this act, and, not by' way of authorisatied 35 (4) the salaries ad allowances of the collulliraaioner and othert persons appointed under this section han be defrayed out of tbe cnsolidated fund of india ' 7 (1) ~ central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment 40 to the shareholders of the company,-(a) an amount equal to the amount speciflled in suh-section (1) of section 5; and payment by the central government to the commissioner (b) an amount equal to the amount determined under subsection (2) of seetion 5 , 45 (2) a deposit acoount shall be opened by the central gqvetn'" ment lin favour of the commilsioner, in the public account of india, and every amount paid under this act to the commissionershall be deposited by him to the 'credit df the said deposit account and the said 5 deposit account shall be operated by the commissioner (3) the interest accruing on the amount standing to the credit of t~ deposit account, referred to in sub-section (2), shall enw'e to the benefit of the shareholders of the company 8 (1) every shareholder, having a claim in relation to rany share 10 acquired by this act, shall prefer such claim before the commissioner within thirty days from the specified date: claims to be made to the commissioner provided that if the commissioner is satisfied that the claimant wal> prevented by suftici,ent cause from preferring the claim within the period of thirty days, he may entertain the claim within a further 15 period of thirty days and not thereafter (2) ev~ shareholder of a preference share shall have a pre--ferential cladm with regard to the amount paid by the central government to the commissioner exam1na nation of claims, 9 on receipt of the claims madre under section 8, thecommis-20 sioner sball separately arrange the claims in relation to preference shares and in relation to the ordinary shares and examine the claims in f!elation to each wah share admls· sion or rejection of claims 10 (1) after examining the claims, the commissioner shall fix a certain date on or before which every claimant shall file the proof 25 of his claim or ,be jexcluded from the benefit of· the disbursements made by' the commissioner (2) not less than fourteen days' notice of the date so fixed shall be ,given by ad~t in one issue of the daily newspaper in the english lansuage and in one issue of such daily newspaper in the re-30 gioqall~e as the commissioner may consi~r suitable, and every such notice shall call upon the claimant to 1l1e the proof of his claim with the commissioner within the time specified in the adv!ertisement (3) every claimant, who fails to file the proof of his claim within the time specifted by the commissiodjer, shall be excluded from the 35 disbursement made by the corrimi,ssioner (4) the commissioner shall, after such investigation as may, in b'i's opinion, be necessary, and after giving t~ company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in 40 whole or in part (5) thje commissioner shall have the power to r~gulate his own procedure in all matters arising out of the discharge of his functi'ons, including the place or places at which he will hold his sittings and shall, for the purpose of making an investigation under this act, have the same powers as are ~ ill a <:ivil court \u2der the code of civil proceduie, 1908, while tryidga wit, ill ~·of tee ,ipllowblg matters, nwaely=-(4) the summoning and enforcing the attendance of any witness and examrn'ng him od c:tath; 5 (tt) the discovery and pro<hictiob of any d~d'unat or other mateilial object producible as evicleo<lej (c) the reception of evidel1ce on amdavits; (d)tbe isswng of any commjasioo fdr ~ examiqauoil of wit-10 (6) ady investigation before the commissioner sh'8ll be deemed to be a judicial proceeding within the meaning of sectiou 193 and 228 gt the 1ndian peaal code bdd the cqdlid1isioner shall bte deemed w be 8 civil court »r the purposes of section 34f) and chapter xxvi of the code of criminal procedure, 1973 15 (7) a claimant, who is dissatisfied with the decision of the commissioner, may prefer an appeal against the decision to the principal civil c~urt of origiilal jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated 1l (1) after admit~ a claim undier this act, the amount due in 20 r~pect of each share acqui11e<l by virtue of this act ahall be paid by the commissioner at the rate of rupees ten per preference share, and at the' rate of fifty paise per ordinary share to lj¥' person or ,pe1'soos to whom such sums are due, and on such payment, the liability of the central government in respect of tb,e share 90 acquired shall stand discharged 25 diaburse--meatqt jdgde7 by the commissiner to claimants (z) the cou\:1'n,ssiouer shall also apportion amongst the shareholclers the amount paid to him by way of interest under sub-jection (3) of section 7, and such apportionment shall be made on the basis of " the amount due to each shareholder ~'i' 12 anymaney paid to the commissioder which reojatna ua4is- 30 bursed or unclaimed 011 the dateimmedia1jely preceding tale date on which the omce of the commissioder is fidally wouad up, smij be tranl6trred by the commilsioner ~ his oftice is bally wound up to the general revenue &ccoudt of tbe central government; but a claim to any money so transferred may be preferred to the central govern- 35 ment by the person entitled to such payment and shall be dealt with as if such transfer had nat been made, the order, if any, for payment of the claim bemg treated as an order for the refund of· ~ue undisbursed orud-claimed amount to be deposited to the general revenue account powerot inspection (b) l'equire any person to make &diy stamment or tumiih any 45 1df0l'jdltion which may be nquirai by theco~"'oil8r powered commissioner to inquire into disputes as to amount 14 where there is any dispute as to the persons· or persona who are entitled to any amount payable under this act (ine1uding any dispute as to who are the legal representatives of any deceased claimant to the amount), the commissioner may, after making such inquiry as he may 5 deem fit, make the payment to such person as appears to him to be best entitled to receive the amount: provided that if the commissioner is unable to determine as to who is the person entitled to the amount and considers that the matter could more appropriately be c\ealt with by the principal civil court of original 10 jurisdiction within the local limits of whose jurisdiction the registered oftlce of the company is situated, he may refer such dispute to the said court, whose decision thereon shall be final: provided further that nothing contained herein shall affect the liability of any person, who may receive the whole or any part of the amount 15 allowed udder this act, to pay the same to the person lawfully entitled thereto deposit of amount in court 15 where any dispute has been referred un'cler section 14 by the commissioner to the civil court referred to therein, he shall deposit the amount in that court chapter iii mlscellaneous16 the provislons of this act shall have effect notwithstanding eything inconsistent therewith contained in any law, other than this act, or in any instrument having effect by virt'lle of any law, other than this 25 act act to have overriding effect, penalties 17 if any person,-(a) makes any ~laim for any payment unaer this act, knowfug' or having reason to believe that such claim is false or without any basis; or ' 30 (b) when required under this act so to do,-(i) omits or fails to produce any register or record of the company; 'or (ti) makes any statement or furnishes any information which is false in any material particular and which he knows 35 or believes to be false or c\oes not believe to be true; or (c) makes any such statement as aforesaid in any book, account, record, register, retunt or other document, he shall be punishable with imprisonment for a term which may extend to two years, or with flne which may extend to two thousand rupees, or 40 with both offences by companies 18 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be jieemed to be guilty of the offence and shall be liable to be proceeded aaam,t and punished accordingly: provide<! that nothing contained in this sub-section shall render any such pei'son liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due 5 diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed with the consent or eonnivance of, or is attributable to any neglect on the part of, any cureetor, manager, secretary or other officer, such director, manager, secretary 10 or other officer shall be deemed to be guilty 0'1 that offence and shall be liable to be proceeded against and punished accordingly ezplanatidn-for the pul'p06es of this section,-(4) "company" means any body corporate arul includes aflrm or other association of individuals; and i (0) ''director'', in relation to a firm, means a partner in the firm 11 no court shall take cognizance of an offence pun!shable under thfs act, except with the previous sanction of the central government or of an ofticer authorised by that government in this behalf ~o limitation of coldizanceof offences d (1) the central governinent may, by notification, make rules to carry out the provisions of this act power to make rules (2) every rule made by the central government under this act shall be laid, as soon as may be after it is marte, before each house of parliament, while it is in session, for a total period of thirty days which may ~5 be comprised in one session or in two or more successive sessions, and ;f, 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 a~ee that the rule should not be made, the rule shall thereafter have effect only in such modified form or 30 be of no effect, 8<; the case mav be; so, however that any s'l1ch modification or annulment shall be without prejudice to the validity of anything previously done under that rule ' 21 (1) the british india corporation (acquisition of shares) ordi-8 of 1881 nance, 1981 is hereby repealed 35 repeal and saving (2) notwithstanding such repeal, anything done or any action talren under the ordinance' so repealed shall be deemed to have been done or taken under the corresponding provisions of this act, statement of objects and reasonsbritish india corporation limited, kanpur, was registered as a public limited company in 1920 the corporation had two woollen mills directly owned and run by it, namely, cawnpore woollen mills (cwm), kanpur and new egerton woollen mills (newm), dhariwal together, these units employed about 8,000 persons and were engagecl in the manufacture of pure woollen and blended goods besides, the corporation illso had substantial shares in various other companies, like the elgin mias co ltd, bruahware ltd, cawnpore textiles ltd, cawnpore sugar works lul champarun sugar co ltd, saran engineering co etc 2 the issued and subscribed capital of the corporation was rs 406 crores consisting of 81,000 cumulative preference shares (valued at rb 81 lakhs) ajui 65,00,000 ordinary shares (valued at rb 325 lakhs) the president of india and public financial institutions together held subltantial shares in the corporation the other major shareholrlers belong ed to the bajoria family the ftnam:ial performance of the corporation during the last two to three years had been becoming a matter of great cqncern lo~ses were mounting and liquidity position was severely aftect e<i the corporation was on the verge rif collapse, thus, affecting the production of goods so vital to the needs of general public, besides affecting the employment of a large number of persons directly on the one hand and adversely affecting the interests of the government, public financial institutions and the state bank of india, its bankers, onthe other the central government had repeatedly to issue guarantees totalling rs 817 lakhs to keep the company going 3 the plant and machinery of the corporation required to be modernized and renovated but the corporation was not in a position to complete even the first phase of this important exercise further, substantial investments of public funcis were called for however, it was considered prudent for the government and for the financial institutions to invest more funds in the corporation only if the ownership vests wholly with the government it was, therefore, decided to acquire compulsorily all the shares of the company which were in private hands accordingly, the british india corporation (acquisition of shares) ordinance, 1981 (no5 of 1981) was promulgatert by the president on 11th june, 1981 4 the ordinance apart from providing for acquisition and transfer - of all privately held shares of the company to the central government, provided for payment of an amount for such acquisition, management of the undertakings of the corporation after acquiring its ownership, appointment of a commissioner of payments for the purpose of disbursing the amount payable to the sbarehol~ ,qf the company whose shares are so acquired and for other incioental and consequential matters 5 this bill seeks to replace the aforesaid ordinance new delhi; pranab mukherjee the 11th august, 1981 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no 22111/81-wt(iii) , dated the 11th august, 1981 from shri pranab kumar mukherjee, minister of commerce and steel and mines to the secretary lok sabha] the president, having been informed of the subject matter df the bill to provide for the acquisition and transfer of the shares of the british india corporation limited, kanpur, held in' private hands, to the central government with a view to securing the proper management of the affairs of the company and the continuity and development of the production of goods which are vital to the needs of the country and for mafters connected therewith or incidental thereto, recommends under clauses (1) and (3) of article 117 and cl8'ube (1) of article 274 (if the constitution the introduction of the said bill in and ita consideration by lok sabha, financial memorandumsub-clause (1) of clause 3 of the bill provides for the acqu1siuon of the shares of the british incua corporation ltd, kanpur, by the central government 2 sub-clause (1) of clause 5 of the bill provides for payment, in cash, and in the manner specified in chapter ii of the bill, of an amount of rs 22,60,000 (rupees twenty-two lakhs and sixty thouaand oj?ly) for the transfer to and vesting in the central government of the shares of the company 3 sub-clause (2) of clause 5 of the bill provides for payment of a further amount of simple interest at the rate of four per cent per annum in respect of the amount payable under sub-clause (1) of clause 5, for the period commencing on the appointed day and ending on the date on which payment of such amount is made by tfte central government to the commissioner of payments it is estimateri that this amount is likely to be of the order of about rs 7,500 (rupees seven thousand and five hundred only) per month 4 clause 6 of the bill provides for the appointment of a commissioner of payments by the central government with adequate staff to assist him for the purpose of disbursing the amounts payable to the shareholders of the company the salary and allowances of the commissioner of payments and his staff ann expenditure on office and establishment will be defrayed out of the consolidated fund of india the estimated expenditure on this a<:count is likely to be eventually of the order of rs 25,000 (rupees twenty-five thousand only) per month, but the exact quantum cannot be estimated at this stage in 1981-82, the expenditure on this account is likely to be about rs 50,000 (rupees fifty thousand only) 5 the bill if enacted, is not likely to involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationthough there is no spt'!cific provision in the bill which would require the making of the rules, it may not be possible to rule out altogether any contingency that may arise in future which might necessitate the making df rules hence, as a matter of abundant caution, clauje 20 has been incorporated in the aid to empower the central govemment to make rules to carry out tlte provisions bf the bill '!be matters in respect of which such rules may be made wauld relate to procedure or other details the delegation of legislative power involved would be of a normal and routine character a billto provide for the acquisition of certain shares of the british india corporation limited with a view to securing the prbper management of the aftairs of the company and the continuity add development of the production of goods which are vital to the needs of the country and for matters connected therewith or incidental thereto (shri pranab kumar mukhe7-;ee minilter of commerce and steel and mine,) | Parliament_bills | cb717953-9058-5c44-966e-d26da4628ccd |
bill no 184 of 2016 the child development bill, 2016 by shri sukhbir singh jaunapuria, mp a billto provide for all-round development of children 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 child development act, 2016short title and extent(2) it extends to the whole of india 2 in this act, unless the context otherwise requires,—5definitions(i) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(ii) "child" means a person who has not attained the age of eighteen years; and (iii) "prescribed" means prescribed by rules made under this act3 (1) the central government shall by notification in the official gazette, constitute a fund to be known as the child development fundconstitution of the child development fund(2) the central government and the state governments shall contribute to the fund in such proportion as may be prescribed5(3) there shall also be credited to the fund, donations or contributions received from other organisations or individuals(4) the fund shall be utilised in such manner as may be prescribed for carrying out the purposes of this act4 every child shall have the right to—rights of a child10(i) free education upto senior secondary level in all schools includinggovernment aided private schools;(ii) scholarship, in such cases as may be prescribed; (iii) nutritious food, including mid-day meal in the schools;15(iv) free transport facilities between place of residence and the educationalinstitutions;(v) free bicycles, where there are no proper transport facilities; (vi) free vocational training; (vii) free access to the public libraries under the control of the appropriategovernment;20(viii) free access to the games and sports facilities; and (ix) free travel in railways for undertaking educational tourexplanation— for the purposes of clause (i), "free education" means education without payment of charges of fee of any kind and includes supply of books, stationery items and uniform, free of cost255 it shall be the duty of appropriate government to implement the provisions of this actappropriate government to implementthe actpower to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act3035(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two 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 reasonschildren are the future of a country majority of the children in our country do not have access to quality educational facilities and sports facilities due to lack of funds with their parents in fact, their parents are so poor that sometimes they can't even afford a single square meal in a day consequently, due to the lack of proper nutrition and proper healthcare, these children become disease pronemoreover, in many rural areas children do not have any recreational facilities it is, therefore, necessary to bring a law providing basic educational facilities free of cost and access to sports facilities to every child to ensure all round development of his personalityhence this billnew delhi;sukhbir singh jaunapuriajuly 4, 2016 financial memorandumclause 3 of the bill provides for the constitution of a child development fund clause4 confers certain rights on children including free educational scholarship and free vocational training, etc the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees ten thousand crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees twenty thousand 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 act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for all-round development of children and for matters connected therewith or incidental thereto————(shri sukhbir singh jaunapuria, mp)gmgipmrnd—1426ls(s3)—22-07-2016 | Parliament_bills | c244a2b2-d996-5b8a-b3af-60c4a33ef1f9 |
bill no 34 of 2011 the constitution (amendment) bill, 2011 byshri nishikant dubey, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2011 2 after article 16 of the constitution, the following article shall be inserted, namely:—insertion of new article16a"16a (1) notwithstanding anything contained in this part, the state may makeprovision for reservation in favour of persons belonging to economically weaker section of the society in the posts and services under the state:provided that the percentage of reservation shall not exceed fifteen per centreservation for economically weaker section of the society in posts and servicesexplanation: for the purpose of this article,—"persons belonging to economically weaker section of the society" means persons whose income from all sources is below rupees sixty thousand per annum but shall not include persons belonging to the scheduled castes, the scheduled tribes and other socially and educationally backward classes"53 after article 29 of the constitution, the following article shall be inserted, namely:—insertion of new article29a"29a (1) notwithstanding anything contained in this part, the state may make provision for reservation in favour of persons belonging to economically weaker section of the society in all educational institutions under the state:provided that the percentage of reservation shall not exceed fifteen per cent10reservation for economically weaker section of the society in all e d u c a t i o n a l institutions(2) the provisions of clause (1) shall have effect notwithstanding anything contained in any judgement or decree or direction or order of any court of law or tribunal or authority having judicial powers to the contraryexplanation: for the purpose of this article,—15"persons belonging to economically weaker section of the society" means persons whose income from all sources is below rupees sixty thousand per annum but shall not include persons belonging to the scheduled castes, the scheduled tribes and other socially and educationally backward classes" statement of objects and reasonsthe people belonging to the economically weaker sections are not getting benefit of any reservation scheme the poor amongst them are becoming poorer day by day they cannot compete with others it is, therefore, necessary to provide reservation in favour of those economically weaker sections of the society in posts and services and in all educational institutions under the statethe bill seeks to amend the constitution with a view to making reservation for economically weaker section of the society without affecting the rights of the scheduled castes, the scheduled tribes and other backward classeshence this billnew delhi;nishikant dubeymarch 24, 2011———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)gmgipmrnd—513ls(s3)—29-07-2011 | Parliament_bills | 9ae6914b-0ba5-5e4e-be2a-93cb6de0ffec |
the food safety and standards bill, 2005 _________ arrangement of clauses _________ chapter i preliminary clauses1 short title, extent and commencement 2 declaration as to expediency of control by the union 3 definitions chapter ii food safety and standards authority of india4 establishment of food safety and standards authority of india 5 composition of authority and qualifications for appointment of its chairpersonand other members6 selection committee for selection of chairperson and members of foodauthority7 terms of office, salary, allowances and other conditions of service ofchairperson and members of food authority8 removal of chairperson and members of food authority 9 officers and other employees of food authority10 functions of the chief executive officer 11 central advisory committee 12 functions of central advisory committee13 scientific panels 14 scientific committee 15 procedure for scientific committee and scientific panel 16 duties and functions of food authority 17 proceedings of food authority chapter iii general principles of food safety18 general principles to be followed in administration of act chapter iv general provisions as to articles of food19 use of food additive or processing aid 20 contaminant, naturally occurring toxic substances, heavy metals, etc 21 pesticides, veterinary drugs residues, antibiotic residues and micro-biological counts 22 genetically modified foods, organic foods, functional food, proprietary foods, etc 23 packaging and labelling of foods 24 restrictions on advertisements and prohibition as to unfair trade practice(ii)clauses chapter v provisions relating to import25 all import of articles of food to be subject to this act chapter vi special responsibilities as to food safety26 responsibilities of the food business operators 27 liability of the manufacturers, distributors and sellers 28 food recall procedures chapter vii enforcement of the act29 authorities responsible for enforcement of act 30 commissioner of food safety of the state 31 licensing and registration of food business 32 improvement notices 33 prohibitions orders 34 emergency prohibitions notices and orders 35 notification for food poisoning 36 designated officer 37 food safety officer 38 powers of the food safety officer 39 liability of food safety officer in certain cases 40 purchasers may have food analyzed 41 powers of search, seizure, investigation, prosecution and procedure thereof 42 procedure for launching prosecution chapter vii analysis of food 43 recognition and accreditation of laboratories, research institutions and referral food laboratory 44 recognition of organization or agency for food safety audit 45 food analysts 46 functions of food analyst 47 sampling and analysis chapter viii offences and penalties48 general provisions relating to offences 49 general provision relating to penalty 50 penalty for selling food not of the nature or substance or quality demanded 51 penalty for sub-standard food52 penalty for misbranded food 53 penalty for misleading advertisement 54 penalty for food containing extraneous matter 55 penalty for failure to comply with the directions of the food safety officer 56 penalty for unhygienic or unsanitary processing or manufacturing of food 57 penalty for possessing adulterant 58 penalty for contraventions for which not specific penalty is provided 59 punishment for unsafe food clauses60 punishment for interfering with seized items 61 punishment for false information 62 punishment for obstructing or impersonating a food safety officer 63 punishment for carrying out a business without license 64 punishment for subsequent offences 65 compensation in case of injury or death of consumer 66 offences by companies 67 penalty for contravention of provisions of this act in case of import of articles offood to be in addition to penalties provided under any other act chapter ix adjudication and food safety appellate tribunal68 adjudication 69 power to compound offences 70 establishment of food safety appellate tribunal 71 procedure and powers of the tribunals 72 civil court not to have jurisdiction 73 power of court to try cases summarily 74 special courts and public prosecutor 75 power to transfer cases to regular courts 76 appeal 77 time limit for prosecutions 78 power of court to implead manufacturer, etc 79 magistrate's power to impose enhanced punishment 80 defences which may or may not to allowed in prosecution under this act chapter x finance, accounts, audit and reports81 budget of food authority 82 finances of the food authority 83 accounts and audit of food authority 84 annual report of food authority chapter xi miscellaneous85 power of central government to issue directions to food authority and obtainreports and returns86 power of central government to give directions to state governments 87 members, officers of food authority and commissioner of food safety to bepublic servants88 protection of action taken in good faith 89 overriding effect of this act over all other food related laws 90 transfer of existing employees of central agencies governing various food relatedacts or orders to the food authority91 power of central government to make rules 92 power of food authority to make regulations 93 laying of rules and regulations before parliament 94 power of state governments to make rules 95 reward by state government 96 recovery of penalty 97 repeal and savings clauses98 transitory provisions for food standards 99 milk and milk products order 1992 shall be deemed to be regulations made underthis act100 amendments to the infant milk substitutes, feeding bottles and infant foods(regulation of production, supply and distribution) act, 1992101 power to remove difficultiesthe first schedule the second schedule bill no 123 of 2005 the food safety and standards bill, 2005 a billto consolidate the laws relating to food and to establish the food safety and standardsauthority of india for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the food safety and standards act, 2005 (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 act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 it is hereby declared that it is expedient in the public interest that the union should take under its control the food industrydeclaration as to expediency of control by the uniondefinitions3 (1) in this act, unless the context otherwise requires,—(a) "adulterant" means any material which is or could be employed for making the food unsafe or sub-standard, mis-branded or containing extraneous matter;(b) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents;(c) "chairperson" means the chairperson of the food authority; (d) "claim" means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise;(e) " commissioner of food safety" means the commissioner of food safety appointed under section 30;(f) " consumer" means and includes person and families purchasing and receiving food in order to meet their personal needs;(g) "contaminant" means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter;(h) "designated officer" means the officer appointed under section 36; (i) "extraneous matter" - means any matter contained in an article of food which may be carried from the raw materials, packaging materials or process systems used for its manufacture or which is added to it, but such matter does not render such article of food unsafe;(j) "food" means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food, genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances:provided that the central government may declare, by notification in the official gazette, any other article as food for the purposes of this act having regards to its use, nature, substance or quality;(k) "food additive" means any substance not normally consumed as a food by itself or used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results, or may be reasonably expected to result (directly or indirectly), in it or its by-products becoming a component of or otherwise affecting the characteristics of such food but does not include "contaminants" or substances added to food for maintaining or improving nutritional qualities;(l) " food analyst" means an analyst appointed under section 45; (m) " food authority" means the food safety and standards authority of india established under section 4;(n) "food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, storage , transportation and distribution of food and includes food services, sale of food or food ingredients;(o) "food business operator" in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this act, rules and regulations made thereunder;(p) "food laboratory" means any food laboratory or institute established by the central or a state government or any other agency and accredited by national accreditation board for testing and calibration laboratories or an equivalent accreditation agency and recognized by the food authority under section 43;(q) "food safety" means assurance that food is acceptable for human consumption according to its intended use;(r) "food safety audit" means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf;(s) "food safety management system" means the adoption of good manufacturing practices, good hygienic practices, hazard analysis and critical control point and such other practices as may be specified by regulation, for the food business;(t) " food safety officer " means an officer appointed under section 37; (u) "hazard" means a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect ;(v) " import" means bringing into india any article of food by land, sea or air; (w) "improvement notice" means an order issued under section 32 of this act;(41 of 1992)(x) "infant food" and "infant milk substitute" shall have the meanings assigned to them in clauses (f) and (g) of sub-section (1) of section 2 of the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) act,1992, respectively;(y) "ingredient" means any substance, including a food additive used in the manufacture or preparation of food and present in the final product , possibly in a modified form;(z) "label" means any tag, brand, mark, pictorial or other descriptive matter , written, printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container, cover, lid or crown of any food package and includes a product insert;(za) " licence" means a license granted under section 31; (zb) "local area" means any area , whether urban or rural , notified by the commissioner of food safety, to be a local area for the purposes of this act;(zc) "manufacture" means a process or adoption or any treatment for conversion of ingredients into an article of food, which includes any sub-process, incidental or ancillary to the manufacture of an article of food;(zd) "manufacturer" means a person engaged in the business of manufacturing any article of food for sale and includes any person who obtains such article from another person and packs and labels it for sale or only labels it for such purposes;(ze) "member" means member of the food authority and includes the chairperson;(zf) "misbranded food" means an article of food—(a) if it is purported, or is represented to be, or is being—(i) offered or promoted for sale with false, misleading or deceptive claims either:(a) upon the label of the package, or (b) through advertisement, or(ii) sold by a name which belongs to another article of food; or (iii) offered or promoted for sale under the name of a fictitious individual or company as the manufacturer or producer of the article as borne on the package containing the article or the label on such package; (b) if the article is sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer bearing his name and address but—(i) the article is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true character; or(ii) the package containing the article or the label on the package bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular, or if the package is otherwise deceptive with respect to its contents; or(iii) the article is offered for sale as the product of any place or country which is false; or (c) if the article contained in the package—(i) contains any artificial flavouring, colouring or chemical preservative and the package is without a declaratory label stating that fact or is not labelled in accordance with the requirements of this act or rules made thereunder or is in contravention thereof; or (ii) is offered for sale for special dietary uses, unless its label bears such information as may be specified by regulation, concerning its vitamins, minerals or other dietary properties in order sufficiently to inform its purchaser as to its value for such use; or(iii) is not conspicuously or correctly stated on the outside thereof within the limits of variability laid down under this act(zg) "notification" means a notification published in the official gazette; (zh) "package" means a box, bottle, casket, tin, barrel, case, pouch, receptacle, sack, bag, wrapper or other thing in pre-packed condition, in which an article of food is packed;(zi) "premises" include any shop, stall , hotel , restaurant, airline services and food canteens, place or vehicle or vessel where any article of food is sold or manufactured or stored for sale ;(zj) "prescribed" means prescribed by rules made by the central government or the state government, as the case be under this act ;(zk) "primary food" means an article of food, being a produce of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection or catching in the hands of a person other than a farmer;(zl) " prohibition order" means an order issued under section 33 of this act; (zm) "risk", in relation to any article of food, means the probability of an adverse effect on the health of consumers of such food and the severity of that effect, consequential to a food hazard;(zn) "risk analysis", in relation to any article of food, means a process consisting of three components, ie risk assessment, risk management and risk communication;(zo) "risk assessment" means a scientifically based process consisting of the following steps: (i) hazard identification, (ii) hazard characterization, (iii) exposure assessment, and (iv) risk characterization;(zp) "risk communication" means the interactive exchange of information and opinions throughout the risk analysis process concerning risks, risk-related factors and risk perceptions, among risk assessors, risk managers, consumers, industry, the academic community and other interested parties, including the explanation of risk assessment findings and the basis of risk management decisions;(zq) "risk management" means the process, distinct from risk assessment, of evaluating policy alternatives, in consultation with all interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if needed, selecting appropriate prevention and control options;(zr) "sale" with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article;(zs) "sample" means a sample of any article of food taken under the provisions of this act or any rules and regulations made thereunder;(zt) " specified by regulations" means specified by regulations made by the food authority(zu) "standard", in relation to any article of food, means the standards notified by the food authority;(zv) " state government" in relation to a union territory means the administrator of that union territory appointed by the president under article 239 of the constitution;(zw) "substance" includes any natural or artificial substance or other matter, whether it is in a solid state or in liquid form or in the form of gas or vapour;(zx) "sub-standard" - an article of food shall be deemed to be sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe;(zy) "tribunal" means the food safety appellate tribunal established under section 70;(zz) "unsafe food" means an article of food whose nature, substance or quality is so affected as to render it injurious to health:(i) by the article itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substances; or(ii) by the article consisting , wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or(iii) by virtue of its unhygienic processing or the presence in that article of any harmful substance; or(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or(v) by addition of a substance directly or as an ingredient which is not permitted; or(vi) by the abstraction, wholly or in part, of any of its constituents; or (vii) by the article being so coloured, flavoured or coated, powdered or polished, as to damage or conceal the article or to make it appear better or of greater value than it really is; or(viii) by the presence of any colouring matter or preservatives other than that specified in respect thereof; or(ix) by the article having been infected or infested with worms, weevils or insects; or(x) by virtue of its being prepared, packed or kept under in sanitary conditions; or(xi) by virtue of its being mis-branded or sub-standard or food containing extraneous matter(2) 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 food safety and standards authority of india4 (1) the central government shall, by notification, establish a body to be known as the food safety and standards authority of india to exercise the powers conferred on, and to perform the functions assigned to, it under this actestablishment of food safety and standards authority of india(2) the food authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued(3) the head office of the food authority shall be at delhi (4) the food authority may establish its offices at any other place in india5 (1) the food authority shall consist of a chairperson and the following eighteen members namely:—(a) seven members, not below the rank of a joint secretary to the government of india, to be appointed by the central government, to respectively represent the ministries or departments of the central government dealing with— (i) agriculture, composition of food authority and qualifications for appointment of its chairperson and other members(ii) commerce, (iii) consumer affairs, (iv) food processing,(v) health, (vi) legislative affairs, (vii) small scale industries who shall be members ex officio;(b) two representatives from food industry of which one shall be from small scale industries;(c) two representatives from consumer organizations;(d) one eminent food technologist or scientist; (e) five members to be appointed by rotation every three years, one each in seriatim from the zones as specified in the first schedule to represent the states and the union territories;(f) one person to represent farmers organisation(2) the chairperson and other members of the food authority shall be appointed in such a manner so as to secure the highest standards of competence, broad range of relevant expertise, and shall represent, the broadest possible geographic distribution within the country(3) the chairperson shall be appointed by the central government from amongst the persons of eminence in the field of food science or from amongst the persons from the administration who have been associated with the subject and is either holding or has held the position of not below the rank of secretary to the government of india(4) the chairperson and the members other than ex officio members of the food authority shall be appointed by the central government on the recommendations of the selection committee(5) the chairperson or members other than ex officio members of the food authority shall not hold any other office6 (1) the central government shall, for the purpose of selection of the chairperson and the members other than ex officio members of the food authority, constitute a selection committee consisting of—(a) cabinet secretary - chairperson, selection committee for selection of chairperson and members of food authority(b) secretary-in-charge of the ministry of food processing industries as the convener member,(c) secretary-in-charge of the ministries or the departments of the central government dealing with health , legislative and personnel - members,(d) chairman of the public enterprises selection board - member, (e) an eminent food technologist to be nominated by the central government –member explanation— for the purposes of clause (e), the central government shall nominate a person from amongst persons holding the post of director or the head, by whatever name called, of any national research or technical institution(2) the central government shall, within two months from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member of the food authority and three months before the superannuation or completion of the term of office of the chairperson or any member of that authority, make a reference to the selection committee for filling up of the vacancy(3) the selection committee shall finalise the selection of the chairperson and members of the food authority within two months from the date on which the reference is made to it(4) the selection committee shall recommend a panel of two names for every vacancy referred to it(5) before recommending any person for appointment as a chairperson or other member of the food authority, the selection committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a member(6) no appointment of the chairperson or other member of the food authority shall be invalid merely by reason of any vacancy in the selection committee7 (1) the chairperson and the members other than ex officio members shall hold office for a term of three years from the date on which they enter upon their offices, and shall be eligible for re-appointment for a further period of three years:provided that no chairperson or a member other than ex officio member shall hold office as such after he has attained—(a) in the case of the chairperson, the age of sixty-five years, and term of office, salary, allowances and other conditions of service of chairperson and members of food authority(b) in the case of a member, the age of sixty-two years(2) the salary and allowances payable to, and the other terms and conditions of service of, the chairperson and members other than ex-officio members shall be such as may be prescribed by the central government(3) the chairperson and every member shall, before entering upon his office, make and subscribe to an oath of office and of secrecy in such form and in such manner and before such authority as may be prescribed by the central government(4) notwithstanding anything contained in sub-section (1), the chairperson or any member may—(a) relinquish his office by giving in writing to the central government a notice of not less than three months; or(b) be removed from his office in accordance with the provisions of section 8(5) the chairperson or any member ceasing to hold office as such shall not represent any person before the food authority or any state authority in any manner8 (1) notwithstanding anything contained in sub-section (1) of section 7, the central government may, by order, remove from office the chairperson or any other member, if the chairperson or as the case may be, such other member,—removal of chairperson and members of food authority(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; or(c ) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interests as is likely to 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) no member shall be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter9 (1) there shall be a chief executive officer of the food authority, not below the rank of additional secretary to the government of india, who shall be ex officio commissioner of food safety, to be appointed by the central governmentofficers and other employees of food authority(2) the food authority may, with the approval of the central government, determine the number, nature and categories of other officers and employees required to the food authority in the discharge of its functions(3) the salaries and allowances payable to, and other conditions of service of, the chief executive officer, officers and other employees shall be such as may be specified by regulations by the food authority with the approval of the central government10 (1) the chief executive officer shall be the legal representative of the food authority and shall be responsible for—functions of the chief executive officer(a) the day-to-day administration of the food authority; (b) drawing up of proposal for the food authority's work programmes in consultation with the central advisory committee ;(c) implementing the work programmes and the decisions adopted by the food authority;(d) ensuring the provision of appropriate scientific, technical and administrative support for the scientific committee and the scientific panel;(e) ensuring that the food authority carries out its tasks in accordance with the requirements of its users, in particular with regard to the adequacy of the services provided and the time taken;(f) the preparation of the statement of revenue and expenditure and the execution of the budget of the food authority; and(g) developing and maintaining contact with the central government , and for ensuring a regular dialogue with its relevant committees (2) every year, the chief executive officer shall submit to the food authority for approval—(a) a general report covering all the activities of the food authority in the previous year;(b) programmes of work; (c) the annual accounts for the previous year; and (d) the budget for the coming year(3) the chief executive officer shall, following adoption by the food authority, forward the general report and the programmes to the central government and the state governments and shall have them published(4) the chief executive officer shall approve all financial expenditure of the food authority and report on the authority's activities to the central government(5) the chief executive officer shall exercise the powers of the commissioner of food safety while dealing with matters relating to food safety of such articles(6) the chief executive officer shall have administrative control over the officers and other employees of the food authority11 (1) the food authority shall, by notification, establish a committee to be known as the central advisory committeecentral advisory committee(2) the central advisory committee shall consist of two members each to represent the interests of food industry, agriculture, consumers, relevant research bodies and food laboratories, and all commissioners of food safety, and the chairperson of the scientific committee shall be ex officio member(3) the representatives of the concerned ministries or departments of the central government in agriculture, animal husbandry and dairying, bio-technology, commerce and industry, consumer affairs, environment and forests, food processing industries, health, panchayati raj, small scale industries and food and public distribution shall be invitees to the deliberations of the central advisory committee(4) the chief executive officer shall be ex officio chairperson of the central advisory committee(5) the central advisory committee shall follow such rules of procedure including its transaction of business as may be specified by regulations12 (1) the central advisory committee shall ensure close co-operation between the food authority and the enforcement agencies and organisations operating in the field of foodfunctions of central advisory committee(2) the central advisory committee shall advise the food authority on—(a) the performance of its duties under this section and in particular in drawing up of a proposal for the food authority's work programme,(b) on the prioritisation of work, (c) identifying potential risks, (d) pooling of knowledge, and (e) such other functions as may be specified by regulations(3) the central advisory committee shall meet regularly at the invitation of the chairperson of central advisory committee or at the request of at least one third of its members, and not less than three times a yearscientific panels13 (1) the food authority shall establish scientific panels, which shall consist of independent scientific experts(2) the scientific panel shall invite the relevant industry and consumer representative in its deliberations(3) without prejudice to the provisions of sub-section (1), the food authority may establish as many scientific panels as it considers necessary in addition to the panels on:(a) food additives, flavourings, processing aids and materials in contact with food;(b) pesticides and antibiotics residues ; (c) genetically modified organisms and foods;(d) functional foods, nutraceuticals, dietetic products and other similar products; (e) biological hazards; (f) contaminants in the food chain; (g) labelling ; and (h) method of sampling and analysis(4) the food authority may from time to time re-constitute the scientific panels by adding new members or by omitting the existing members or by changing the name of the panel as the case may bescientific committee14 (1) the food authority shall constitute scientific committee which shall consist of the chairpersons of the scientific panels and six independent scientific experts not belonging or affiliated to any of the scientific panels(2) the scientific committee shall be responsible for providing the scientific opinions to the food authority, and shall have the powers, where necessary , of organizing public hearings(3) the scientific committee shall be responsible for the general co-ordination necessary to ensure consistency of the scientific opinion procedure and in particular with regard to the adoption of working procedures and harmonisation of working methods of the scientific panel(4) the scientific committee shall provide opinions on multi-sectoral issues falling within the competence of more than one scientific panel, and on issues which do not fall within the competence of any of the scientific panel(5) wherever necessary, and particularly in the case of subjects which do not fall within the competence of any of the scientific panel, the scientific committee shall set up working groups and in such cases, it shall draw on the expertise of those working groups when establishing scientific opinionsprocedure for scientific committee and scientific panel15 (1) the members of the scientific committee, who are not members of the scientific panel and the members of the scientific panel shall be appointed by the food authority, for a period of three-years, which shall be renewable, for such period, and the vacancy notice shall be published in the relevant leading scientific publications and on the food authority's website for a call for expressions of interest(2) the scientific committee and the scientific panel shall each choose a chairperson from amongst their members(3) the scientific committee and the scientific panel shall act by a majority of their members and the views of the members shall be recorded(4) the procedure for the operation and co-operation of the scientific committee and the scientific panel shall be specified by regulations(5) these procedures shall relate in particular to—(a) the number of times that a member can serve consecutively on a scientific committee or scientific panel;(b) the number of members in each scientific panel; (c) the procedure for re-imbursing the expenses of members of the scientific committee and the scientific panel;(d) the manner in which tasks and requests for scientific opinions are assigned to the scientific committee and the scientific panel;(e) the creation and organisation of the working groups of the scientific committee and the scientific panel, and the possibility of external experts being included in those working groups;(f) the possibility of observers being invited to meetings of the scientific committee and the scientific panel;(g) the possibility of organising public hearings and (h) quorum of the meeting, meeting notice, agenda of the meeting and such other matters16 (1) it shall be the duty of the food authority to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome foodduties and functions of food authority(2) without prejudice to the provisions of sub-section (1), the food authority may by regulations specify—(a) the standards and guidelines in relation to articles of food and specifying an appropriate system for enforcing various standards notified under this act;(b) the limits for use of food additives, crop contaminants, pesticide residues , residues of veterinary drugs, heavy metals, processing aids, myco-toxins, antibiotics and pharmacological active substances and irradiation of food ;(c) the mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management system for food businesses; (d) the procedure and the enforcement of quality control in relation to any article of food imported into india;(e) the procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories;(f) the method of sampling, analysis and exchange of information among enforcement authorities;(g) conduct survey of enforcement and administration of this act in the country; (h) food labelling standards including claims on health, nutrition, special dietary uses and food category systems for foods ; and(i) the manner in which and the procedure subject to which risk analysis, risk assessment, risk communication and risk management shall be undertaken (3) the food authority shall also—(a) provide scientific advice and technical support to the central government and the state governments in matters of framing the policy and rules in areas which have a direct or indirect bearing on food safety and nutrition;(b) search, collect, collate, analyse and summarise relevant scientific and technical data particularly relating to—(i) food consumption and the exposure of individuals to risks related to the consumption of food;(ii) incidence and prevalence of biological risk; (iii) contaminants in food ;(iv) residues of various contaminants;(v) identification of emerging risks ; and (vi) introduction of rapid alert system ;(c) promote, co-ordinate and issue guidelines for the development of risk assessment methodologies and monitor and conduct and forward messages on the health and nutritional risks of food to the central government, state governments and commissioners of food safety;(d) provide scientific and technical advice and assistance to the central government and the state governments in implementation of crisis management procedures with regard to food safety and to draw up a general plan for crisis management and work in close co-operation with the crisis unit set up by the central government in this regard ;(e) establish a system of network of organization with the aim to facilitate a scientific co-operation framework by the co-ordination of activities, the exchange of information, the development and implementation of joint projects, the exchange of expertise and best practices in the fields within the food authority's responsibility;(f) provide scientific and technical assistance to the central government and the state governments for improving co-operation with international organisations ; (g) take all such steps to ensure that the public, consumers, interested parties and all levels of panchayats receive rapid, reliable, objective and comprehensive information through appropriate methods and means; (h) provide, whether within or outside their area, training programmes in food safety and standards for persons who are or intend to become involved in food businesses, whether as food business operators or employees or otherwise; (i) undertake any other task assigned to it by the central government to carry out the objects of this act;(j) contribute to the development of international technical standards for food , sanitary and phyto-sanitary standards;(k) contribute, where relevant and appropriate, to the development of agreement on recognition of the equivalence of specific food related measures;(l) promote co-ordination of work on food standards undertaken by international governmental and non-governmental organisations;(m) promote consistency between international technical standards and domestic food standards while ensuring that the level of protection adopted in the country is not reduced; and(n) promote general awareness as to food safety and food standards(4) the food authority shall make it public without undue delay—(a) the opinions of the scientific committee and the scientific panel immediately after adoption;(b) the annual declarations of interest made by members of the food authority, the chief executive officer , members of the advisory committee and members of the scientific committee and scientific panel, as well as the declarations of interest if any, made in relation to items on the agendas of meetings;(c) the results of its scientific studies; and (d) the annual report of its activities(5) the food authority may, from time to time give such directions, on matters relating to food safety and standards, to the commissioner of food safety, who shall be bound by such directions while exercising his powers under this act;(6) the food authority shall not disclose or cause to be disclosed to third parties confidential information that it receives for which confidential treatment has been requested and has been acceded, except for information which must be made public if circumstances so require, in order to protect public healthproceedings of food authority17 (1) the food authority shall meet at the head office or any of its offices at such time as the chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be specified by regulations(2) if the chairperson is unable to attend a meeting of the food authority, any other member nominated by the chairperson in this behalf and, in the absence of such nomination or where there is no chairperson, any member chosen by the members present from amongst themselves, shall preside at the meeting(3) all questions which come up before any meeting of the food authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson or the person presiding over the meeting shall have the right to exercise a second or casting vote(4) all orders and decisions of the food authority shall be authenticated by the chief executive officer(5) the chief executive officer shall take part in the meetings of the food authority but without a right to vote(6) the food authority may invite the chairperson of the scientific committee to attend its meetings but without a right to vote(7) no act or proceedings of the food authority shall be questioned or invalidated merely on the ground of existence of any vacancy or defect in the constitution of the food authority chapter iii general principles of food safety18 the central government, the state governments, the food authority and other agencies, as the case may be, while implementing the provisions of this act shall be guided by the following principles , namely :—general principles to be followed in administration of act(1) (a) endeavour to achieve an appropriate level of protection of human life and health and the protection of consumers' interests, including fair practices in all kind of food trade with reference to food safety standard and practices;(b) carry out risk management which shall include taking into account the results of risk assessment, and other factors which in the opinion of the food authority are relevant to the matter under consideration where the conditions are relevant, in order to achieve the general objectives of regulations ;(c) where in any specific circumstances, on the basis of assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures necessary to ensure appropriate level of health protection may be adopted, pending further scientific information for a more comprehensive risk assessment ;(d) the measures adopted on the basis of clause (c) shall be proportionate and no more restrictive of trade than is required to achieve appropriate level of health protection, regard being had to technical and economic feasibility and other factors regarded as reasonable and proper in the matter under consideration ;(e) the measures adopted shall be reviewed within a reasonable period of time, depending on the nature of the risk to life or health being identified and the type of scientific information needed to clarify the scientific uncertainty and to conduct a more comprehensive risk assessment ;(f) in cases where there are reasonable grounds to suspect that a food may present a risk for human health, then, depending on the nature, seriousness and extent of that risk, the food authority and the commissioner of food safety shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or type of food, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk; and(g) where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements (2) the food authority shall, while framing regulations or specifying standards under this act—(a) take into account—(i) prevalent practices and conditions in the country including agricultural practices and handling, storage and transport conditions; and(ii) international standards and practices, where international standards or practices exist or are in the process of being formulated, unless it is of opinion that taking into account of such prevalent practices and conditions or international standards or practices or any particular part thereof would not be effective or appropriate means for securing the objectives of such regulations or where there is a scientific justification or where they would result in a different level of protection from the one determined as appropriate in the country;(b) specify food standards on the basis of risk analysis except where it is of opinion that such analysis is not appropriate to the circumstances or the nature of the case;(c) undertake risk assessment based on the available scientific evidence and in an independent, objective and transparent manner;(d) ensure that there is open and transparent public consultation, directly or through representative bodies including all levels of panchayats, during the preparation, evaluation and revision of regulations, except where it is of opinion that there is an urgency concerning food safety or public health to make or amend the regulations in which case such consultation may be dispensed with :provided that such regulations shall be in force for not more than six months (e) ensure protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods they consume;(f) ensure prevention of—(i) fraudulent , deceptive or unfair trade practices which may mislead or harm the consumer; and(ii) unsafe or contaminated or sub-standard food chapter iv general provisions as to articles of food19 no article of food shall contain any food additive or processing aid unless it is in accordance with the provisions of this act and regulations made there underuse of food additive or processing aidexplanation—for the purposes of this section, "processing aid" means any substance or material, not including apparatus or utensils, and not consumed as a food ingredient by itself, used in the processing of raw materials, foods or its ingredients to fulfill a certain technological purpose during treatment or processing and which may result in the nonintentional but unavoidable presence of residues or derivatives in the final product20 no article of food shall contain any contaminant, naturally occurring toxic substances or toxins or hormone or heavy metals in excess of such quantities as may be specified by regulations contaminants, naturally occurring toxic substances, heavy metals, etc21 (1) no article of food shall contain insecticides or pesticides residue, veterinary drugs residues, antibiotic residues, solvent residues, pharmacological active substances and micro-biological counts in excess of such tolerance limit as may be specified by regulations(2) no insecticide shall be used directly on article of food except fumigants registered and approved under the insecticides act, 1968pesticides, veterninary drugs residues, antibiotic residues and microbiological counts46 of 1968explanation—for the purposes of this section,—(1) "pesticide residue" means any specified substance in food resulting from the use of a pesticide and includes any derivatives of a pesticide, such as conversion products, metabolites, reaction products and impurities considered to be of toxicological significance and also includes such residues coming into food from environment;(2) "residues of veterinary drugs" include the parent compounds or their metabolites or both in any edible portion of any animal product and include residues of associated impurities of the veterinary drug concerned;22 save as otherwise provided under this act and regulations made thereunder, no person shall manufacture, distribute, sell or import any novel food, genetically modified articles of food, irradiated food, organic foods, foods for special dietary uses, functional foods, neutraceuticals, health supplements, proprietary foods and such other articles of food which the central government may notify in this behalfgenetically modified foods, organic foods, functional foods, proprietary foods, etcexplanation—for the purposes of this section,—(1) "foods for special dietary uses or functional foods or nutraceuticals or health supplements " means :(a) foods which are specially processed or formulated to satisfy particular dietary requirements which exist because of a particular physical or physiological condition or specific diseases and disorders and which are presented as such wherein the composition of these foodstuffs must differ significantly from the composition of ordinary foods of comparable nature, if such ordinary foods exist and may contain one or more of the following ingredients, namely:—(i) plants or botanicals or their parts in the form of powder, concentrate or extract in water, ethyl alcohol or hydro alcoholic extract, single or combination;(ii) minerals or vitamins or proteins or metals or their compounds or amino acids ( in amounts not exceeding the recommended daily allowance for indians) or enzymes (within permissible limits);(iii) substances from animal origin; (iv) a dietary substance for use by human beings to supplement the diet by increasing the total dietary intake; (b) (i) a product that is labeled as a 'food for special dietary uses or functional foods or nutraceuticals or health supplements or similar such foods' which is not represented for use as a conventional food and whereby such products may be formulated in the form of powders, granules, tablets, capsules, liquids, jelly and other dosage forms but not parenterals, and are meant for oral administration;23 of 1940(ii) such product does not include a drug as defined in clause (b) and ayurvedic, sidha and unani drugs as defined in clauses (a) and (h) of section 3 of the drug and cosmetic act, 1940 and rules made there under;(iii) does not claim to cure or mitigate any specific disease, disorder or condition (except for certain health benefit or such promotion claims) as may be permitted by the rules made under this act;61 of 1985(iv) does not include a narcotic drug or a psychotropic substance as defined in the schedule of the narcotic drugs and psychotropic substances act, 1985 and rules made there under and substances listed in schedules e and ei of the drugs and cosmetic rules, 1945; (2) "genetically engineered or modified food" means food and food ingredients composed of or containing genetically modified or engineered organisms obtained through modern biotechnology, or food and food ingredients produced from but not containing genetically modified or engineered organisms obtained through modern biotechnology;(3) " organic food" means food products that have been produced in accordance with specified organic production standards ;(4) "proprietary and novel food" means an article of food for which standards have not been specified but is not unsafe:provided that such food does not contain any of the foods and ingredients prohibited under this act and regulations made thereunderpackaging and labelling of foods 23 (1) no person shall manufacture, distribute, sell or expose for sale or dispatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified by regulations:provided that the labels shall not contain any statement, claim, design or device which is false or misleading in any particular concerning the food products contained in the package or concerning the quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of origin of the said food products(2) every food business operator shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, does not mislead consumers24 (1) no advertisement shall be made of any food which is misleading or contravenes the provisions of this act , the rules and regulations made thereunderrestrictions of advertisement and prohibition as to unfair trade practices(2) no person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which—(a) falsely represents that the foods are of a particular standard, quality, quantity or grade-composition;(b) makes a false or misleading representation concerning the need for, or the usefulness;(c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof: provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence chapter v provisions relating to import25 (1) no person shall import into india—(i) any unsafe or misbranded or sub-standard food or food containing extraneousmatter;all imports of articles of food to be subject to this act(ii) any article of food for the import of which a licence is required under any actor regulation, except in accordance with the conditions of the licence; and(iii) any article of food in contravention of any other provision of this act or ofany rule and regulation made thereunder or any other act( 22 of 1992)(2) the central government shall , while prohibiting, restricting or otherwise regulatingimport of article of food under the foreign trade ( development and regulation ) act,1992, follow the standards laid down by the food authority under the provisions of this act and the rules and regulations made thereunder chapter vi special responsibilities as to food safety26 (1) every food business operator shall ensure that the articles of food satisfy the requirements of this act and the rules and regulations made thereunder at all stages of production, processing, import, distribution and sale within the businesses under his controlresponsibilities of the food business operator(2) no food business operator shall himself or by any person on his behalf manufacture, store, sell or distribute any article of food—(i) which is unsafe ; or (ii) which is misbranded or sub-standard or contains extraneous matter; or (iii) for which a licence is required, except in accordance with the conditions of the licence; or(iv) which is for the time being prohibited by the food authority or the central government or the state government in the interest of public health; or(v) in contravention of any other provision of this act or of any rule or regulation made thereunder (3) no food business operator shall employ any person who is suffering from infectious, contagious or loathsome disease(4) no food business operator shall sell or offer for sale any article of food to any vendor unless he also give a guarantee in writing in the form specified by regulations about the nature and quality of such article to the vendor :provided that a bill, cash memo, or invoice in respect of the sale of any article of food given by a food business operator to the vendor shall be deemed to be a guarantee under this section, even if a guarantee in the specified form is not included in the bill, cash memo or invoice(5) where any food which is unsafe is part of a batch, lot or consignment of food of the same class or description, it shall be presumed that all the food in that batch, lot or consignment is also unsafe, unless following a detailed assessment within a specified time, it is found that there is no evidence that the rest of the batch, lot or consignment is unsafe: provided that any conformity of a food with specific provisions applicable to that food shall be without prejudice to the competent authorities taking appropriate measures to impose restrictions on that food being placed on the market or to require its withdrawal from the market for the reasons to be recorded in writing where such authorities suspect that, despite the conformity, the food is unsafe27 (1) the manufacturer of an article of food shall be liable for such article of food if it does not meet the requirements of this act and the rules and regulations made thereunder(2) the distributor shall be liable under this act for any article of food which is—liability of the manufacturers, distributors and sellers(a) supplied after the date of its expiry or which is likely to expire; or (b) stored or supplied in violation of the safety instructions of the manufacturer;or(c) misbranded, or (d) unidentifiable of manufacturer from whom the article of food have been received; or(e) stored or handled or kept in violation of the provisions of this act , the rules and regulations made thereunder(3) the seller shall be liable under this act, for any article of food which— (a) is sold after the date of its expiry or which is likely to expire; or (b) is handled or kept in unhygienic conditions; or (c ) is misbranded ; or (d) unidentifiable the manufacturer or the distributor from whom such article of food were received; or(e) received by him with knowledge of being unsafefood recall procedures28 (1) if a food business operator considers or has reason to believe that a food which it has processed, manufactured or distributed is not in compliance with this act and the rules and regulations made thereunder, it shall immediately initiate procedures to withdraw the food in question from the market and consumers indicating reasons for its withdrawal and inform the competent authorities thereof(2) a food business operator shall immediately inform the competent authorities and co-operate with them , if it considers or has reasons to believe that a food which it has placed on the market may be injurious to human health(3) the food business operator shall inform the competent authorities of the action taken to prevent risks to the consumer and shall not prevent or discourage any person from co-operating, in accordance with this act, with the competent authorities, where this may prevent, reduce or eliminate a risk arising from a food(4) every food business operator shall follow such conditions and guidelines relating to food recall procedures as the food authority may specify by regulations chapter vii enforcement of the act29 (1) the food authority and the state food safety authorities shall be responsible for the enforcement of this actauthorities responsbile for enforcement of act(2) the food authority and the state food safety authorities shall monitor and verify that the relevant requirements of law are fulfilled by food business operators at all stages of food business(3) the authorities shall maintain a system of control and other activities as appropriate to the circumstances, including public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business(4) the food safety officers shall enforce and execute within their area the provisions of this act with respect to which the duty is not imposed expressly or by necessary implication on some other authority(5) the regulations under this act shall specify which of the food safety officer are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this act, to any other authority so concerned, for the purposes of their respective duties under them(6) the commissioner of food safety and designated officer shall exercise the same powers as are conferred on the food safety officer and follow the same procedure specified in this act30 (1) the state government shall appoint the commissioner of food safety for the state for efficient implementation of food safety and standards and other requirements laid down under this act and the rules and regulations made thereundercommissioner of food safety of the state(2) the commissioner of food safety shall perform all or any of the following functions, namely:—(a) prohibit in the interest of public health, the manufacture, storage, distribution or sale of any article of food, either in the whole of the state or any area or part thereof for such period, not exceeding one year, as may be specified in the order notified in this behalf in the official gazette;(b) carry out survey of the industrial units engaged in the manufacture or processing of food in the state to find out compliance by such units of the standards notified by the food authority for various articles of food;(c) conduct or organize training programmes for the personnel of the office of the commissioner of food safety and, on a wider scale, for different segments of food chain for generating awareness on food safety;(d) ensure an efficient and uniform implementation of the standards and other requirements as specified and also ensure a high standard of objectivity, accountability, practicability, transparency and credibility;(e) sanction prosecution for offences punishable with imprisonment under this act;(f) such other functions as the state government may, in consultation with the food authority, prescribe (3) the commissioner of food safety may, by order, delegate, subject to such conditions and restrictions as may be specified in the order, such of his powers and functions under this act (except the power to appoint designated officer, food safety officer and food analyst) as he may deem necessary or expedient to any officer subordinate to him31 (1) no person shall commence or carry on any food business except under a licencelicensing and registration of food business(2) nothing contained in sub-section (1) shall apply to such petty manufacturer who himself manufactures or sells any article of food or a retailer as may be notified by the food authority, or a hawker, itinerant vendor or a temporary stall holder:provided that such petty manufacturer, retailer, hawker, itinerant vendor or a temporary stall holder shall only register their business with concerned municipality or the panchayat, as the case may be(3) any person desirous to commence or carry on any food business shall make an application for grant of a license to the designated officer in such manner containing such particulars as may be specified by regulations(4) the designated officer on receipt of an application under sub-section (2), may either grant the license or after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant a licence to any applicant, if he is satisfied that it is necessary so to do in the interest of public health and shall make available to the applicant a copy of order: provided that if a license is not issued within two months from the date of making the application or his application is not rejected, the applicant may start his food business after expiry of the said period and in such a case, the designated officer shall not refuse to issue a licence but may, if he considers necessary, issue an improvement notice, under section 32 and follow procedures in that regard(5) every licence shall be in such form and subject to such conditions as may be specified by regulations(6) a single licence may be issued by the designated officer for one or more articles of food and also for different establishments or premises in the same area(7) if the articles of food are manufactured, stored, sold or exhibited for sale at different premises situated in more than one area, separate applications shall be made and separate licence shall be issued in respect of such premises not falling within the same area (8) an appeal against the order of rejection for the grant of license shall lie to the commissioner of food safety(9) a licence unless sooner suspended or cancelled shall be in force for such period as may be specified by regulations: provided that if an application for a renewal of licence is made before the expiry of the period of validity of the licence, the licence shall continue to be in force until orders are passed on the application(10) the licence shall subsist for the benefit of the deceased's personal representative or any other member of his family, until the expiry of—(a) the period of three months beginning with his death; or (b) such longer period as the designated officer may allowimprovement notices32 (1) if the designated officer has reasonable ground for believing that any food business operator has failed to comply with any regulations to which this section applies, he may, by a notice served on that food business operator (in this act referred to as an "improvement notice")—(a) state the grounds for believing that the food business operator has failed to comply with the regulations;(b) specify the matters which constitute the food business operator 's failure so to comply;(c) specify the measures which, in the opinion of the said authority, the food business operator must take, in order to secure compliance; and(d) require the food business operator to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice (2) if the food business operator fails to comply with an improvement notice, his licence may be suspended(3) if the food business operator still fails to comply with the improvement notice, the designated officer may, after giving the licensee an opportunity to show cause, cancel the licence granted to him: provided that the designated officer may suspend any licence forthwith in the interest of public health for reasons to be recorded in writing(4) any person who is aggrieved by—(a) an improvement notice; or (b) refusal to issue a certificate as to improvement; or(c) cancellation or suspension or revocation of licence under this act, may appeal to the commissioner of food safety whose decision thereon, shall be final(5) the period within which such an appeal may be brought shall be— (a) fifteen days from the date on which notice of the decision was served on the person desiring to appeal; or(b) in the case of an appeal under sub-section (1), the said period or the period specified in the improvement notice, whichever expires earlier;explanation—for the purpose of this sub-section, the making of the complaint shall be deemed to be the bringing of the appeal33 (1) if—prohibition orders(a) any food business operator is convicted of an offence under this act; and (b) the court by or before which he is so convicted is satisfied that the health risk exists with respect to that food business, the court, after giving the food business operator an opportunity of being heard, may by an order, impose the following prohibitions , namely :—(i) a prohibition on the use of the process or treatment for the purposes of the food business;(ii) a prohibition on the use of the premises or equipment for the purposes of the food business or any other food business of the same class or description;(iii) a prohibition on the use of the premises or equipment for the purposes of any food business (2) the court may, on being satisfied that it is necessary so to do, by an order, impose a prohibition on the food business operator participating in the management of any food business, or any food business of a class or description specified in the order (3) as soon as practicable after the making of an order under sub-section (1) or subsection (2) (in this act referred to as a "prohibition order"), the concerned food safety officer shall—(a) serve a copy of the order on the food business operator; and (b) in the case of an order under subsection (1), affix a copy of the order at a conspicuous place on such premises used for the purposes of the food business, and any person who knowingly contravenes such an order shall be guilty of an offence and be punishable with a fine which may extend to three lakh rupees(4) the concerned food safety officer shall with the approval of the designated officer issue a certificate to the effect that the food business operator has taken sufficient measures justifying lifting of the prohibition order, within seven days of his being satisfied on an application made by the food business operator for such a certificate or the said officer shall—(a) determine, as soon as is reasonably practicable and in any event within fourteen days, whether or not he is so satisfied; and(b) if he determines that he is not so satisfied, give notice to the food business operator of the reasons for that determination (5) a prohibition order shall cease to have effect upon the court being satisfied, on an application made by the food business operator not less than six months after the prohibition order has been passed, that the food business operator has taken sufficient measures justifying the lifting of the prohibition order(6) the court shall give a direction on an application by the food business operator, if the court thinks it proper so to do having regard to all the circumstances of the case, including in particular, the conduct of the food business operator since the making of the order; but no such application shall be entertained if it is not made—(a) within six months after the making of the prohibition order; or (b) within three months after the making by the food business operator of a previous application for such a directionexplanation—for the purpose of this section,—(i) any reference above shall apply in relation to a manager of a food business as it applies in relation to the food business operator; and any reference to the food business operator of the business, or to the food business operator, shall be construed accordingly(ii) "manager" , in relation to a food business, means any person who is entrusted by the food business operator with the day to day running of the business, or any part of the businessemergency prohibition notices and orders34 (1) if the designated officer is satisfied that the health risk condition exists with respect to any food business, he may, after a notice served on the food business operator (in this act referred to as an "emergency prohibition notice"), apply to the commissioner of food safety for imposing the prohibition(2) if the commissioner of food safety is satisfied, on the application of such an officer, that the health risk condition exists with respect to any food business, he shall, by an order, impose the prohibition(3) the designated officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the food business operator of the business of his intention to apply for the order(4) as soon as practicable after the making of an emergency prohibition order, the designated officer shall require the food safety officer to — (a) serve a copy of the order on the food business operator of the business; or (b) affix a copy of the order at a conspicuous place on such premises used for the purposes of that business;and any person who knowingly contravenes such an order shall be guilty of an offence and shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two lakh rupees,(5) an emergency prohibition order shall cease to have effect on the issue by the designated officer of a certificate to the effect that he is satisfied that the food business operator has taken sufficient measures for justifying the lifting of such order(6) the designated officer shall issue a certificate under sub-section (5) within seven days of an application by the food business operator for such a certificate and on his being not satisfied, the said officer shall give notice to the food business operator within a period of ten days indicating the reasons for such decisionnotification of food poisoning 35 the food authority may, by notification, require registered medical practitioners carrying on their profession in any local area specified in the notification, to report all occurrences of food poisoning coming to their notice to such officer as may be specifieddesignated officer36 (1) the commissioner of food safety shall, by order, appoint the designated officer, who shall not be below the rank of a sub-divisional officer, to be in- charge of food safety administration in such area as may be specified by regulations(2) there shall be a designated officer for each district (3) the functions to be performed by the designated officer shall be as follows, namely:—(a) to issue or cancel license of food business operators; (b) to prohibit the sale of any article of food which is in contravention of theprovisions of this act and rules and regulations made thereunder ;(c) to receive report and samples of article of foods from food safety officerunder his jurisdiction and get them analysed ;(d) to make recommendations to the commissioner of food safety for sanction to launch prosecutions in case of contraventions punishable with imprisonment ;(e) to sanction or launch prosecutions in cases of contraventions punishable with fine;(f) to maintain record of all inspections made by food safety officers and action taken by them in the performance of their duties;(g) to get investigated any complaint which may be made in writing in respect of any contravention of the provisions of this act and the rules and regulations made thereunder;(h) to investigate any complaint which may be made in writing against the food safety officer; and(i) to perform such other duties as may be entrusted by the commissioner of food safety food safety officer37 (1) the commissioner of food safety shall, by notification, appoint such persons as he thinks fit, having the qualifications prescribed by the central government, as food safety officers for such local areas as he may assign to them for the purpose of performing functions under this act and the rules and regulations made thereunder(2) the state government may authorize any officer of the state government having the qualifications prescribed under sub-section (1) to perform the functions of a food safety officer within a specified jurisdiction38 (1) the food safety officer may —powers of food safety officer(a) take a sample—(i) of any food, or any substance, which appears to him to be intended for sale, or to have been sold for human consumption; or(ii) of any article of food or substance which is found by him on or in any such premises;which he has reason to believe that it may be required as evidence in proceedings under any of the provisions of this act or of the regulations or orders made there under ; or(b) seize any article of food which appears to the food safety officer to be in contravention of this act or the regulations made thereunder ; and(c) keep it in the safe custody of the food business operator such article of food after taking a sample; and in both cases send the same for analysis to a food analyst for the local area within which such sample has been taken provided that where the food safety officer keeps such article in the safe custody of the food business operator, he may require the food business operator to execute a bond for a sum of money equal to the value of such article with one or more sureties as the food safety officer deems fit and the food business operator shall execute the bond accordingly(2) the food safety officer may enter and inspect any place where article of food is manufactured, or stored for sale, or stored for the manufacture of any other article of food, or exposed or exhibited for sale and where any adulterant is manufactured or kept, and take samples of such articles of food or adulterant for analysis(3) where any sample is taken, its cost calculated at the rate at which the article is usually sold to the public shall be paid to the person from whom it is taken (4) where any article of food seized under clause (b) of sub-section (1) is of a perishable nature and the food safety officer is satisfied that such article of food is so deteriorated that it is unfit for human consumption, the food safety officer may, after giving notice in writing to the food business operator, cause the same to be destroyed(5) the food safety officer shall, in exercising the powers of entry upon, and inspection of any place under this section, follow, as far as may be, the provisions of the code of criminal procedure, 1973 (2 of 1974) relating to the search or inspection of a place by a police officer executing a search warrant issued under that code(6) any adulterant found in the possession of a manufacturer or distributor of, or dealer in, any article of food or in any of the premises occupied by him as such and for the possession of which he is unable to account to the satisfaction of the food safety officer and any books of account or other documents found in his possession or control and which would be useful for, or relevant to, any investigation or proceeding under this act, may be seized by the food safety officer and a sample of such adulterant submitted for analysis to a food analyst: provided that no such books of account or other documents shall be seized by the food safety officer except with the previous approval of the authority to which he is subordinate(7) where the food safety officer takes any action under clause (a) of sub-section (1), sub-section (2), sub-section (4) or sub-section (6), he shall, call one or more persons to be present at the time when such action is taken and take his or their signatures(8) where any books of account or other documents are seized under sub-section (6), the food safety officer shall, within a period not exceeding thirty days from the date of seizure, return the same to the person from whom they were seized after copies thereof or extracts therefrom as certified by that person in such manner as may be prescribed by the central government have been taken:provided that where such person refuses to so certify and a prosecution has been instituted against him under this act, such books of account or other documents shall be returned to him only after copies thereof and extracts therefrom as certified by the court have been taken(9) when any adulterant is seized under sub-section (6), the burden of proving that such adulterant is not meant for purposes of adulteration shall be on the person from whose possession such adulterant was seized(10) the commissioner of food safety may from time to time issue guidelines with regard to exercise of powers of the food safety officer, which shall be binding:provided that the powers of such food safety officer may also be revoked for a specified period by the commissioner of food safety39 any food safety officer exercising powers under this act or the rules and regulations made thereunder who—liability of food safety officer in certain cases(a) vexatiously and without any reasonable ground seizes any article of food or adulterant; or(b) commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty, shall be guilty of an offence under this act and shall be punishable for such offence with fine which may extend to twenty-five thousand rupeespurchaser may have food analysed40 (1) nothing contained in this act shall be held to prevent a purchaser of any article of food other than a food safety officer from having such article analyzed by the food analyst on payment of such fees and receiving from the food analyst a report of his analysis within such period as may be specified by regulations:provided that such purchaser shall inform the food business operator at the time of purchase of his intention to have such article so analyzed:provided further that if the report of the food analyst shows that the article of food is not in compliance with the act or the rules or regulations made there under, the purchaser shall be entitled to get refund of the fees paid by him under this section(2) in case the food analyst finds the sample in contravention of the provisions of this act and rules and regulations made there under, the food analysts shall forward the report to the designated officer to follow the procedure laid down in section 42 for prosecution41 (1) the food safety officer may search any place, seize any article of food or adulterant, if there is a reasonable doubt about them being involved in commission of any offence relating to food:power of search, seizure, investigation,prosecutionand procedure thereofprovided that no search shall be deemed to be irregular by reason only of the fact that witness for the search are not inhabitants of the locality in which the place searched is situated2 of 1974(2) save as in this act otherwise expressly provided, provisions of the code of criminal procedure, 1973 relating to search, seizure, summon, investigation and prosecution, shall apply, as far as may be, to all action taken by the food safety officer under this act42 (1) the food safety officer shall be responsible for inspection of food business, drawing samples and sending them to food analyst for analysisprocedure for launching prosecution(2) the food analyst after receiving the sample from the food safety officer shall analyze the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to designated officer with a copy to commissioner of food safety(3) the designated officer after scrutiny of the report of food analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendations within fourteen days to the commissioner of food safety for sanctioning prosecution(4) the commissioner of food safety shall, if he so deems fit decide, within the period prescribed by the central government, as per the gravity of offence, whether the matter be referred to,—(a) a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term upto three years; or(b) a special court in case of offences punishable with imprisonment for a term exceeding three years where such special court is established and in case no special court is established, such cases shall be tried by a court of ordinary jurisdiction (5) the commissioner of food safety shall communicate his decision to the designated officer and the concerned food safety officer who shall launch prosecution before courts of ordinary jurisdiction or special court, as the case may be; and such communication shall also be sent to the purchaser if the sample was taken under section 40 chapter vii analysis of food43 (1) the food authority may notify food laboratories and research institutions accredited by national accreditation board for testing and calibration laboratories or any other accreditation agency for the purposes of carrying out analysis of samples by the food analysts under this act (2) the food authority shall, establish or recognize by notification, one or more referral food laboratory or laboratories to carry out the functions entrusted to the referral food laboratory by this act or any rules and regulations made thereunderrecognition and accreditation of laboratories, research institutions and referral food laboratory(3) the food authority may frame regulations specifying—(a) the functions of food laboratory and referral food laboratory and the local area or areas within which such functions may be carried out;(b) the procedure for submission to the said laboratory of samples of articles of food for analysis or tests, the forms of the laboratory's reports thereon and the fees payable in respect of such reports; and(c) such other matters as may be necessary or expedient to enable the said laboratory to carry out its functions effectively44 the food authority may recognize any organization or agency for the purposes of food safety audit and checking compliance with food safety management systems required under this act or the rules and regulations made thereunderrecognition of organisation or agency for food safety audit food analysts45 the commissioner of food safety may, by notification, appoint such persons as he thinks fit, having the qualifications prescribed by the central government, to be food analysts for such local areas as may be assigned to them by the commissioner of food safety:provided that no person, who has any financial interest in the manufacture or sale of any article of food shall be appointed to be a food analyst under this section:provided further that different food analysts may be appointed for different articles of foodfunctions of food analyst46 (1) on receipt of a package containing a sample for analysis from a food safety officer or any other person, the food analyst shall compare the seal on the container and the outer cover with specimen impression received separately and shall note the conditions of the seal thereon:provided that in case a sample container received by the food analyst is found to be in broken condition or unfit for analysis, he shall within a period of seven days from the date of receipt of such sample inform the designated officer about the same and send requisition to him for sending second part of the sample(2) the food analyst shall cause to be analyzed such samples of article of food as may be sent to him by food safety officer or by any other person authorised under this act(3) the food analyst shall, within a period of fourteen days from the date of receipt of any sample for analysis, send :(i) where such sample is received under section 38 or section 47 , to the designated officer, four copies of the report indicating the method of sampling and analysis; and(ii) where such sample is received under section 40 , a copy of the report indicating the method of sampling and analysis to the person who had purchased such article of food with a copy to the designated officer: provided that in case the sample can not be analyzed within fourteen days of its receipt, the food analyst shall inform the designated officer and the commissioner of food safety giving reasons and specifying the time to be taken for analysis(4) an appeal against the report of food analyst shall lie before the designated officer who shall, if he so decides, refer the matter to the referral food laboratory as notified by the food authority for opinion47 (1) when a food safety officer takes a sample of food for analysis, he shall –sampling and analysis(a) give notice in writing of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed ;(b) except in special cases as may be provided by rules made under this act, divide the sample into four parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as may be prescribed by the central government:provided that where such person refuses to sign or put his thumb impression, the food safety officer shall call upon one or more witnesses and take his signature or thumb impression, in lieu of the signature or thumb impression of such person;(c) (i) send one of the parts for analysis to the food analyst under intimation to the designated officer;(ii) send the remaining two parts to the designated officer for keeping these in safe custody ; and(iii) give one part to food business operator for making available to the said authorities, if required (2) when a sample of any article of food or adulterant is taken ,the food safety officer shall, by the immediately succeeding working day, send the sample to the food analyst for the area concerned for analysis and report(3) where the part of the sample sent to the food analyst is lost or damaged, the designated officer shall, on a requisition made to him, by the food analyst or the food safety officer, despatch one of the parts of the sample sent to him, to the food analyst for analysis(4) an article of food or adulterant seized, unless destroyed, shall be produced before the designated officer as soon as possible and in any case not later than seven days after the receipt of the report of the food analyst:provided that if an application is made to the designated officer in this behalf by the person from whom any article of food has been seized, the designated officer shall by order in writing direct the food safety officer to produce such article before him within such time as may be specified in the order(5) in case of imported articles of food, the authorized officer of the food authority shall take its sample and send to the food analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer(6) the designated officer, the food safety officer, the authorised officer and the food analyst shall follow such procedure as may be specified by regulations chapter ix offences and penalties48 (1) a person may render any article of food injurious to health by means of one or more of the following operations, namely—general provisions relating to offences(a) adding any article or substance to the food; (b) using any article or substance as an ingredient in the preparation of the food; (c) abstracting any constituents from the food; or (d) subjecting the food to any other process or treatment, with the knowledge that it may be sold or offered for sale or distributed for human consumption(2) in determining whether any food is unsafe or injurious to health, regard shall be had to—(a) (i) the normal conditions of use of the food by the consumer and its handling at each stage of production, processing and distribution,(ii) the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods not only to the probable, immediate or short-term or long-term effects of that food on the health of a person consuming it, but also on subsequent generations;(iii) to the probable cumulative toxic effects; (iv) to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers; and(v) also to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities;(b) the fact where the quality or purity of the article, being primary food, has fallen below the specified standard or its constituents are present in quantities not within the specified limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then such article shall not be deemed to be unsafe or sub-standard or food containing extraneous matter explanation—for the purposes of the this section, "injury", includes any impairment, whether permanent or temporary, and "injurious to health" shall be construed accordingly;49 while adjudging the quantum of penalty under this chapter, the adjudicating officer or the tribunal, as the case may be, shall have due regard to the following —general provisions relating to penalty(a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention,(b) the amount of loss caused or likely to cause to any person as a result of the contravention,(c) the repetitive nature of the contravention, (d) whether the contravention is without his knowledge, and (e) any other relevant factor50 (1) any person who sells to the purchaser's prejudice any food which is not in compliance with the provisions of this act or the regulations made thereunder, or of the nature or substance or quality demanded by the purchaser, shall be liable to a penalty not exceeding two lakh rupeespenalty for selling food not of the nature or substance or quality demanded(2) in a proceeding under sub-section (1), it shall not be a defence that the purchaser was not prejudiced because he bought the article of food for analysis or examinationpenalty for sub-standard food51 any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is sub-standard , shall be liable to a penalty which may extend to five lakh rupees;penalty for misbranded food 52 (1) any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupees (2) the adjudicating officer may issue a direction to the person found guilty of an offence under this section , for taking corrective action to rectify the mistake or such article of food shall be destroyed53 (1) any person who publishes, or is a party to the publication of an advertisement, which—penalty for misleading advertisement(a) falsely describes any food; or(b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees(2) in any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contavention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the contavention was committed54 any person whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matter, shall be liable to a penalty which may extend to one lakh rupeespenalty for food containing extraneous matter55 if a food business operator or importer without reasonable ground, fails to comply with the requirements of this act or the regulations or orders issued thereunder , as directed by the food safety officer , he shall be liable to a penalty which may extend to two lakh rupeespenalty forfailure to comply with the directions of the food safety officer56 any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupeespenalty for unhygienic or unsanitary processing or manufacturing of food penalty for prossessing adulterant57 (1) subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale , or stores, sells or distribute any adulterant shall be liable—(i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees;(ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees; (2) in a proceeding under sub-section (1), it shall not be a defence that the accused was holding such adulterant on behalf of any other person58 whoever contravenes any provisions of this act or the rules or regulations made thereunder, for the contravention of which no penalty has been separately provided in this chapter, shall be liable to a penalty which may extend to two lakh rupeespenalty for contraventions for which no specific penalty is provided punishment for unsafe food59 any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable,—(i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;(ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupeespunishment for interfering with seized items60 if a person without the permission of the food safety officer, retains, removes or tampers with any food, vehicle, equipment, package or labelling or advertising material or other thing that has been seized under this act, shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to two lakh rupeespunishment for false information61 if a person, in connection with a requirement or direction under this act, provides any information or produces any document that the person knows is false or misleading, shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees62 if a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a food safety officer in exercising his functions under this act, shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupeespunishment for obstructing or impersonating a food safety officer63 if any person or food business operator himself or by any person on his behalf who is required to obtain licence, manufactures, sells, stores or distribute or imports any article of food without licence, shall be punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to one lakh rupeespunishment for carrying out a business without licence punishment for subsequent offences64 (1) if any person, after having been previously convicted of an offence punishable under this act subsequently commits and is convicted of the same offence, he shall be liable to—(i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence ; and(ii) a further fine on daily basis which may extend upto one lakh rupees, where the offence is a continuing one ; and(iii) his licence shall be cancelled (2) the court may also cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine;compensation in case of injury or death of consumer65 (1) without prejudice to the other provisions of this chapter, if any person whether by himself or by any other person on his behalf, manufactures or sells or imports any article of food causing injury to the consumer or his death, it shall be lawful for the adjudicating officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum—(a) not less than five lakh rupees in case of death; (b) not exceeding three lakh rupees in case of grievous injury; and (c) not exceeding one lakh rupees, in all other cases of injury(2) where any person is held guilty of an offence leading to grievous injury or death, the adjudicating officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the adjudicating officer or the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine(3) the adjudicating officer or the court may also,—(a) order for cancellation of licence , re-call of food from market , forfeiture of establishment and property in case of grievous injury or death of consumer;(b) issue prohibition orders in other cases offences by companies66 (1) where an offence under this act which has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to , the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that where a company has different establishments or branches or different units in any establishment or branch, the concerned chief executive or the person in-charge of such establishment, branch, unit nominated by the company as responsible for food safety shall be liable for contravention in respect of such establishment, branch or unitprovided further that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director , manager, secretary or other officer of the company, such director , manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purpose of this section,-(a) " company" means any body corporate and includes a firm or other association of individuals; and(b) "director" in relation to a firm , means a partner in the firm22 of 1992 52 of 196267 (1) any person who imports any article of food which is in contravention of the provisions of this act, rules and regulations made thereunder, shall, in addition to any penalty to which he may be liable under the provisions of the foreign trade (development and regulation) act, 1992 and the customs act, 1962 be also liable under this act and shall be proceeded against accordingly(2) any such article of food shall be destroyed or returned to the importer, if permitted by the competent authority under the foreign trade (development and regulation) act, 1992 or the customs act, 1962, or any other act, as the case may bepenalty for contravention of provisions of this act in case of import of articles of food to be in addition to penalties provided under any other act chapter x adjudication and food safety appellate tribunaladjudication68 (1) for the purposes of adjudication under this chapter, an officer not below therank of additional district magistrate of the district where the alleged offence is committed, shall be notified by the state government as the adjudicating officer for adjudication in the manner as may be prescribed by the central government(2) the adjudicating officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has committed the contravention of provisions of this act or the rules or the regulations made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that offence(3) the adjudicating officer shall have the powers of a civil court and—(a) all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code (45 of 1860);(b) shall be deemed to be a court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973 (2 of 1974) (4) while adjudicating the quantum of penalty under this chapter , the adjudicating officer shall have due regard to the guidelines specified in section 49power to compound offences69 (1) the commissioner of food safety may, by order, empower the designated officer, to accept from petty manufacturers who himself manufacture and sell any article of food, retailers, hawkers, itinerant vendors, temporary stall holders against whom a reasonable belief exists that he has committed an offence or contravention against this act, payment of sum of money by way of composition of the offence which such person is suspected to have committed(2) on the payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person(3) the sum of money accepted or agreed to be accepted as composition under sub section (1), shall not be more than one lakh rupees and due regard shall be made to the guidelines specified in section 49:provided that no offence, for which punishment of imprisonment has been prescribed under this act, shall be compounded70 (1) the central government or as the case may be, the state government may, by notification, establish one or more tribunals to be known as the food safety appellate tribunal to hear appeals from the decisions of the adjudicating officer under section 68establishment of food safety appellate tribunal(2) the central government or the state government, as the case may be, shall prescribe, the matters and areas in relation to which the tribunal may exercise jurisdiction(3) the tribunal shall consist of one person only (hereinafter referred to as the presiding officer of the tribunal) to be appointed, by notification, by the central government or the state government, as the case may be:provided that no person shall be qualified for appointment as a presiding officer to the tribunal unless he is or has been qualified to be a district judge(4) the qualifications, appointment, term of office, salary and allowances, resignation and removal of the presiding officer shall be such as may be prescribed by the central government(5) the procedure of appeal and powers of the tribunal shall be such as may be prescribed by the central governmentprocedure and powers of the tribunal5 of 190871 (1) the 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 and the rules made thereunder, the tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings(2) the tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents or other electronic records;(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) any other matter which may be prescribed by the central government45 of 18602 of 1974(3) every proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code, shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973(4) the appellant may either appear in person or authorize one or more legal practitioners or any of its officers to represent his case before the tribunal36 of 1963(5) the provisions of the limitation act, 1963, shall, except as otherwise provided in this act, apply to an appeal made to the tribunal(6) any person aggrieved by any decision or order of the tribunal may file an appeal to the high court within sixty days from the date of communication of the decision or order of the tribunal to him on any question of fact or law arising out of such order: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 dayscivil court not to have jurisdiction72 no civil court shall have jurisdiction to entertain any suit or proceeding in respectof any matter which an adjudicating officer or the tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act2 of 1974power of court to try cases summarily73 notwithstanding anything contained in the code of criminal procedure, 1973, alloffences not triable by a special court, shall be tried in a summary way by a judicial magistrate of the first class or by a metropolitan magistrate and the provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as may be, apply to such a trial:provided that in the case of any conviction in a summary trial under this section, itshall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year:provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said code2 of 1974special courts and public prosecutor74 (1) notwithstanding anything contained in this act or in the code of criminalprocedure, 1973, the central government or the state government in their respective jurisdictions may, if consider expedient and necessary in the public interest, for the purposes of the trial of offences relating to grievous injury or death of the consumer for which punishment of imprisonment for more than three years has been prescribed under this act, constitute, by notification in the official gazette, as many special courts with the concurrence of the chief justice of the high court as may be necessary for such area or areas and for exercising such jurisdiction, as may be specified in the notification (2) a special court may, on its own motion, or on an application made by the public prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting(3) the trial under this act of any offence by a special court shall have precedence over the trial of any other case against the accused in any other court (not being a special court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance(4) for every special court, the central government or the state government, as the case may be, shall appoint a person to be the public prosecutor and may appoint more than one person to be the additional public prosecutors:provided that the central government or the state government, as the case may be, may also appoint for any case or class or group of cases, a special public prosecutor(5) a person shall not be qualified to be appointed as a public prosecutor or an additional public prosecutor or a special public prosecutor under this section unless he has been in practice as an advocate for not less than seven years or has held any post, for a period of not less than seven years, under the union or a state, requiring special knowledge of lawto regular courts75 where, after taking cognizance of any offence, a special court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under the code of criminal procedure, 1973 (2 of 1974) and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offenceappeal76 (1) any person aggrieved by a decision or order of a special court may, on payment of such fee as may be prescribed by the central government and after depositing the amount, if any, imposed by way of penalty, compensation or damage under this act, within forty-five days from the date on which the order was served, prefer an appeal to the high court:provided that the high court may entertain any appeal after the expiry of the said period of forty-five days, if it is satisfied that the appellant was prevented by sufficient cause for filing the appeal within the said period(2) an appeal preferred under this section shall be disposed of by the high court by a bench of not less than two judgestime limit for prosecutions77 notwithstanding anything contained in this act, no court shall take cognizance ofan offence under this act after the expiry of the period of one year from the date of commission of an offence:provided that the commissioner of food safety may, for reasons to be recorded inwriting, approve prosecution within an extended period of upto three yearspower of court to implead manufacturer, etc2 of 197478 where at any time during the trial of any offence under this act alleged to havebeen committed by any person, not being the importer, manufacturer, distributor or dealer of any article of food, the court, is satisfied, on the evidence adduced before it, that such importer, manufacturer, distributor or dealer is also concerned with that offence, then the court may, notwithstanding anything contained in sub-section (3) of section 319 of the code of criminal procedure, 1973, or in section 71, proceed against him as though a prosecution has been instituted under this act2 of 197479 notwithstanding anything contained in section 29 of the code of criminal procedure,1973, it shall be lawful for the court of ordinary jurisdiction to pass any sentence authorised by this act, except a sentence of imprisonment for a term exceeding six years in excess of his powers under the said sectionmagistrate's power to impose enhanced punishment 80 (a) defence relating to publication of advertisements—defences which may or may not be allowed in prosecution under this act:(1) in any proceeding for an offence under this act in relation to the publication of an advertisement, it is a defence for a person to prove that the person carried on the business of publishing or arranging for the publication of advertisements and that the person published or arranged for the publication of the advertisement in question in the ordinary course of that business(2) clause (1) does not apply if the person:(a) should reasonably have known that the publication of the advertisement was an offence; or(b) had previously been informed in writing by the relevant authority that publication of such an advertisement would constitute an offence; or(c) is the food business operator or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published (b) defence of due diligence—(1) in any proceedings for an offence , it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by such person or by another person under the person's control(2) without limiting the ways in which a person may satisfy the requirements of clause (1), a person satisfies those requirements if it is proved:(a) that the commission of the offence was due to—(i) an act or default of another person; or (ii) reliance on information supplied by another person; and(b) (i) the person carried out all such checks of the food concerned as were reasonable in all the circumstances; or(ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied such food to the person; and(c) that the person did not import the food into the jurisdiction from another country; and(d) in the case of an offence involving the sale of food, that—(i) the person sold the food in the same condition as and when the person purchased it, or(ii) the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in any contravention of this act or the rules and regulations made thereunder, and(e) that the person did not know and had no reason to suspect at the time of commission of the alleged offence that the person's act or omission would constitute an offence under the relevant section(3) in sub-clause (a) of clause (2), another person does not include a person who was—(a) an employee or agent of the defendant, or (b) in the case of a defendant which is a company, a director, employee or agent of that company(4) without limiting the ways in which a person may satisfy the requirements of clauses (1) and item (i) of sub-clause (b) of clause (2), a person may satisfy those requirements by proving that—(a) in the case of an offence relating to a food business for which a food safety programme is required to be prepared in accordance with the regulations, the person complied with a food safety programme for the food business that complies with the requirements of the regulations, or(b) in any other case, the person complied with a scheme (for example, a quality assurance programme or an industry code of practice) that was—(i) designed to manage food safety hazards and based on national or international standards, codes or guidelines designed for that purpose, and(ii) documented in some manner(c) defence of mistaken and reasonable belief not available— in any proceedings for an offence under the provisions of this act, it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence(d) defence in respect of handling food— in proceedings for an offence under section 56, it is a defence if it is proved that the person caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the manner that was likely to render it unsafe(e) defences of significance of the nature, substance or quality of food— it shall be no defence in a prosecution for an offence pertaining to the sale of any unsafe or misbranded article of food to allege merely that the food business operator was ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale chapter xi finance, accounts , audit and reportsbudget of food authority81 (1) the food authority shall prepare, in such form and at such time in each financial year as may be prescribed by the central government , its budget for the next financial year, showing the estimated receipts and expenditure of the food authority and forward the same to the central government(2) the food authority with the prior approval of the central government , shall adopt financial regulation which specifies in particular, the procedure for drawing up and implementing the authority's budget82 (1) the central government may, after due appropriation, make to the food authority grants of such sums of money as the central government may think fitfinances of the food authority(2) the food authority on the recommendation of the central advisory committee shall specify a graded fee from licensed food business operator , accredited laboratories or food safety auditors to be charged by the commissioner of food safetyaccounts and audit of food authority83 (1) the food authority shall maintain proper accounts and 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 comptroller and auditor-general and any person appointed by him in connection with the audit of the accounts of the food authority under this act shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor general generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the food authority(3) the accounts of the food authority , 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 food authority and the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliamentannual report of food authority84 (1) the food authority shall prepare once every year, in such form and at such time as may be prescribed by the central government, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government and state governments(2) a copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each house of parliament chapter xii miscellaneous85 (1) without prejudice to the foregoing provisions of this act, the food authority shall, in exercise of its powers and in performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give in writing to it from time to time:provided that the food authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-sectionpower of central government to issue directions to food authority and obtain reports and returns(2) if any dispute arises between the central government and the food authority as to whether a question is or is not a question of policy, the decision of the central government thereon shall be final(3) the food authority shall furnish to the central government such returns or other information with respect to its activities as the central government may, from time to time, require86 the central government may give such directions, as it may deem necessary, to a state government for carrying out all or any of the provisions of this act and the state government shall comply with such directionspower of central government to give directions to state governments45 of 186087 the members, officers of the food authority and the commissioners of food safety and their officers shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codemembers, officers of food authority and commissioner of food safety to be public servants protection of action taken in good faith88 no suit, prosecution or other legal proceedings shall lie against the central government, the state government, the food authority and other bodies constituted under this act or any officer of the central government, the state government or any member, officer or other employee of such authority and bodies or any other officer acting under this act for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder89 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this actoverriding effect of this act over all other food related laws90 on and from the date of establishment of the food authority, every employee holding office under the central government agencies administering food laws immediately before that date shall hold his office in the food authority by the same tenure and upon the same terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the food authority had not been established and shall continue to do so as an employee of the food authority or until the expiry of the period of six months from that date if such employee opts not to be the employee of the food authoritytransfer of existing employees of central government agencies governing various food related acts or orders tothe foodauthority91 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this actpower of central government to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) salary, terms and conditions of service of chairperson and members other than ex officio members under sub-section (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7;(b) qualification of food safety officer under sub-section (1) of section 37; (c ) the manner of taking the extract of documents seized under sub-clause (8) of section 38;(d) determination of cases for referring to appropriate courts and time frame for such determination under sub-section (4) of section 42;(e) qualifications of food analysts under section 45; (f) the manner of sending sample for analysis and details of the procedure to be followed in this regard under sub-section (1) of section 47;(g) the procedure to be followed in adjudication of cases under sub-section (1)of section 68;(h) qualifications , terms of office , resignation and removal of presiding officer under sub-section (4), the procedure of appeal and powers of tribunal under subsection (5) of section 70;(i) any other matter relating to procedure and powers of tribunal under clause(g) of sub-section (2 ) of section 71;(j) the fee to be paid for preferring an appeal to the high court under sub-section(1) of section 76;(k) form and time of preparing budget under sub-section(1) of section 81 ;(l) form and statement of accounts under sub-section (1) of section 83 ;(m) the form and time for preparing annual report by food authority under subsection(1) of section 84 ; and(n) any other matter which is required to be, or may be , prescribed or in respect of which provision is to be made by rules by the central government92 (1) the food authority may, with the previous approval of the central government and after previous publication, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this actpower of food authority to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) salaries and other conditions of service of officers and other employees of the food authority under sub-section (3) of section 9;(b) rules of procedure for transaction of business under sub-section (5) of section 11;(c) other functions of the central advisory committee under sub-section (2) of section 12;(d) procedure of scientific committee and panels under sub-section (4) of section15;(e) notifying standards and guidelines in relation to articles of food meant for human consumption under sub-section (2) of section 16;(f) procedure to be followed by food authority for transaction of business at its meetings under sub-section (1) of section 17;(g) making or amending regulations in view of urgency concerning food safety or public health under clause (d) of sub-section (2) of section 18;(h) limits of additives under section 19; (i) limits of quantities of contaminants , toxic substance and heavy metals , etcunder section 20;(j) tolerance limit of pesticides , veterinary drugs residues, etc, under section 21; (k) the manner of marking and labelling of foods under section 23;(l) form in which guarantee shall be given under sub-section (4) of section 26; (m) conditions and guidelines relating to food recall procedures under subsection (4) of section 28;(n) regulations relating to functioning of food safety officer under sub-section(5) of section 29;(o) notifying procedure for the licensing and registration of food business for the manufacture, processing or sale of safe food, the fees payable therefor, the deposit of any sum as security for the performance of the conditions of licensing and the circumstances under which such license or security may be cancelled or forfeited under section 31;(p) the respective areas of which the designated officer shall be in-charge for food safety administration under sub-section (1) of section 36;(q) procedure in getting food analysed, details of fees , etc, under sub-section(1) of section 40;(r) functions, procedure to be followed by food laboratories under sub-section(3) of section 43;(s) procedure to be followed by officials under sub-section (6) of section 47; (t ) financial regulations to be adopted by the food authority in drawing up its budget under sub-section (2) of section 81;(u) issue guidelines or directions for participation in codex meetings and preparation of response to codex matters; and(v) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulationslaying of rules and regulations before parliament93 every rule and every regulation made under this act shall be laid, as soon as may be after it is made , before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationpower ofstategovernment to make rules94 (1) subject to the powers of the central government and the food authority to make rules and regulations respectively, the state government may, after previous publication and with the previous approval of the food authority, by notification in the official gazette, make rules to carry out the functions and duties assigned to the state government and the state commissioner of food safety under this act and the rules and regulations made thereunder(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) other functions of the commissioner of food safety under clause (f) of subsection ( 2) of section 30;(b) earmarking a fund and the manner in which reward shall be paid to a person rendering assistance in detection of offence or apprehension of offender under section 95; and(c) any other matter which is required to be, or may be prescribed or in respect of which provision is to be made by rules by the state government (3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses or where such state legislature consists of one house, before that house reward bystategovernment95 the state government may empower the commissioner of food safety to order payment of reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed by the state governmentrecovery of penalty96 a penalty imposed under this act, if it is not paid, shall be recovered as an arrear of land revenue and the defaulters licence shall be suspended till the penalty is paidrepeal and savings 97 (1) with effect from such date as the central government may appoint in this behalf, the enactments specified in the second schedule shall stand repealed:provided that such repeal shall not affect :—(i) the previous operations of the enactments under repeal or anything duly done or suffered thereunder; or(ii) any right, privilege, obligation or liability acquired, accrued or incurred under any of the enactments under repeal; or(iii) any penalty, forfeiture or punishment incurred in respect of any offences committed against the enactments under repeal ; or(iv) any investigation or remedy in respect of any such penalty , forfeiture or punishment, and any such investigation, legal proceedings or remedy may be instituted , continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed:10 of 1897 (2) if there is any other law for the time being in force in any state, corresponding to this act, the same shall upon the commencement of this act, stand repealed and in such case, the provisions of section 6 of the general clauses act, 1897 shall apply as if such provisions of the state law had been repealed (3) notwithstanding the repeal or modification of the aforesaid enactments, the licences issued under any such enactment, which are in force on the date of commencement of this act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued under the provisions of this act or the rules or regulations made thereunder(4) notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed act after the expiry of a period of three years from the date of the commencement of this act transitory provisions forfood standards98 notwithstanding the repeal of the enactment and orders specified in the second schedule the standards, safety requirements and other provisions of the acts and the rules and regulations made thereunder and orders listed in that schedule shall continue to be in force and operate till new standards are specified under this act or rules and regulastions made thereunder:provided that anything done or any action taken under the enactment and orders under repeal shall be deemed to have been done or taken under the corresponding provisions of this act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this act:10 of 195599 (1) on and from the date of commencement of this act, the milk and milk products order, 1992 issued under the essential commodities act, 1955 shall be deemed to be the milk and milk products regulations,1992 issued by the food authority under this act(2) the food authority may, with the previous approval of the central government and after previous publication, by notification, amend the regulations specified in subsection (1) to carry out the purposes of this actmilk and milk products order, 1992 shall be deemed to be regulations made under this act41 of 1992100 as from the appointed day, the provisions of the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) act, 1992 (herein referred to as the principal act) shall apply subject to the following amendments, namely :—37 of 1954(a) throughout the principal act, any reference to "the prevention of the food adulteration act, 1954" shall be substituted by reference to "the food safety and standards act, 2005"amendments to the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) act, 199237 of 1954(b) in section 12 of the principal act, the reference to "any food inspector appointed under section 9 of the prevention of the food adulteration act, 1954" shall be substituted by reference to "any food safety officer appointed under the food safety and standards act, 2005" ;(c) throughout the principal act, any reference to "food inspector" shall be substituted by the expression "the-food safety officer"; and(d) in section 21 of the principal act , in sub-section (1), the reference to clause(a) shall be substituted by the following, namely:—" (a) the designated officer or the food safety officer directed under subsection (5) of section 42 of the food safety and standards act, 2005 or " ;power to remove difficulties101 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary, for removing the difficulty :provided that no order shall be made under this section after the expiry of the period of three years from the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament first schedule[ see section 5 (1) (e) ]zone i1 andhra pradesh, 2 assam, 3 bihar, 4 gujarat, 5 kerala, 6 madhya pradesh, 7 tamil naduzone ii1 maharashtra, 2 karnataka, 3 orissa, 4 punjab, 5 rajasthan, 6 uttar pradesh, 7 west bengalzone iii1 jammu and kashmir, 2 nagaland,3 haryana, 4 himachal pradesh, 5 manipur, 6 tripura, 7 meghalayazone iv1 sikkim, 2 mizoram, 3 arunachal pradesh, 4 goa, 5 chattisgarh, 6 uttaranchal, 7 jharkhandzone v1 delhi, 2 andaman and nicobar islands, 3 lakshadweep, 4 dadra and nagar haveli, 5 daman and diu, 6 pondicherry, 7 chandigarh second schedule (see section 97)1 the prevention of food adulteration act, 1954 (37 of 1954) 2 the fruit products order, 1955 3 the meat food products order, 1973 4 the vegetable oil products (control) order, 1947 5 the edible oils packaging (regulation) order, 1998 6 the solvent extracted oil, de oiled meal, and edible flour (control) order, 1967 7 the milk and milk products order, 19928 any other order issued under the essential commodities act, 1955 ( 10 of 1955)relating to food statement of objects and reasonsmultiplicity of food laws, standard setting and enforcement agencies pervades different sectors of food, which creates confusion in the minds of consumers, traders, manufactures and investors detailed provisions under various laws regarding admissibility and levels of food additives, contaminants, food colours, preservatives, etc, and other related requirements have varied standards under these laws the standards are often rigid and non-responsive to scientific advancements and modernisation in view of multiplicity of laws, their enforcement and standard setting as well as various implementing agencies are detrimental to the growth of the nascent food processing industry and is not conducive to effective fixation of food standards and their enforcement2 in as early as in the year 1998, the prime minister's council on trade and industry appointed a subject group on food and agro industries, which had recommended for one comprehensive legislation on food with a food regulatory authority concerning both domestic and export markets joint parliamentary committee on pesticide residues in its report in 2004 emphasized the need to converge all present food laws and to have a single regulatory body the committee expressed its concern on public health and food safety in india the standing committee of parliament on agriculture in its 12th report submitted in april, 2005 desired that the much needed legislation on integrated food law should be expedited3 as an on going process, the then member-secretary, law commission of india, was asked to make a comprehensive reivew of food laws of various developing and developed countries and other relevant international agreements and instruments on the subject after making an indepth survey of the international scenario, the then member-secretary recommended that the new food law be seen in the overall prespective of promoting nascent food processing industry given its income, employment and export potential it has been suggested that all acts and orders relating to food be subsumed within the proposed integrated food law as the international trend is towards modernisation and convergence of regulations of food standards with the elimination of multi-level and multi-departmental control presently, the emphasis is on (a) responsibility with manufacturers, (b) recall, (c) genetically modified and functional foods, (d) emergency control, (e) risk analysis and communication and (f) food safety and good manufacturing practices and process control viz, hazard analysis and critical control point4 in this back ground, the group of ministers constituted by the government of india, held extensive delebrations and approved the proposed integrated food law with certain modifications the integrated food law has been named as 'the food safety and standards bill, 2005' the main objective of the bill is to bring out a single statute relating to food and to provide for a systematic and scientific development of food processing industries it is proposed to establish the food safety and sandards authority of india, which will fix food standards and regulate/monitor the manufacturing, import, processing, distribution and sale of food, so as to ensure safe and wholesome food for the people the food authority will be assisted by scientific committees and panels in fixing standards and by a central advisory committee in prioritization of the work the enforcement of the legislation will be through the state commissioner for food safety, his officers and panchayati raj/municipal bodies5 the bill, inter alia, incorporates the salient provisions of the prevention of food adulteration act, 1954 (37 of 1954) and is based on international legislations, instrumentalities and codex alimentaries commission (which related to food safety norms) in a nutshell, the bill takes care of international practices and invisages on overarching policy framework and provision of single window to guide and regulate persons engaged in manufacture, marketing, processing, handling, transportation, import and sale of food the main features of the bill are:(a) movement from multi-level and multi-departmental control to integrated line of command;(b) integrated response to strategic issues like novel/genetically modified foods, international trade;(c) licensing for manufacture of food products, which is presently granted by the central agencies under various acts and orders, would stand decentralized to the commissioner of food safety and his officer;(d) single reference point for all matters relating to food safety and standards, regulations and enforcement;(e) shift from mere regulatory regime to self-compliance through food safety management systems;(f) responsibility on food business operators to ensure that food processed, manufactured, imported or distributed is in compliance with the domestic food laws; and(g) provision for graded penalties depending on the gravity of offence and accordingly, civil penalities for minor offences and punishment for serious violations6 the abovesaid bill is contemporary, comprehensive and intends to ensure better consumer safety through food safety management systems and setting standards based on science and transparency as also to meet the dynamic requirements of indian food trade and industry and international tradethe bill seeks to achieve the aforesaid objectivessubodh kant sahaynew delhi;the 19th august, 2005 notes on clausesclause 1 provides for short title of the bill, its extent and commencement subclause (2) of clause 1 makes a provision that it extends to the whole of indiaclause 2 makes a declaration as to the expediency of control by the union and says that it is expedient in the public interest that the union should take under its control the food industry this clause enables the union to legislate on the subject matter in the public interestclause 3 defines various expressions used in the bill some of the important definitions includes the definitions of unsafe food, 'advertisement' 'contaminant', 'food', 'primary food', 'extraneous matter', 'food additive', 'food business', food business operator', 'food safety', 'infant food', 'manufacturer', 'misbranded food', 'risk analysis', 'sale' and 'sub-standard'as per the definitions given in this clause,— "food" means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food, genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substancesprovided that the central government may declare, by notification in the official gazette, any other article as food for the purposes of the bill having regards to its use, nature, substance or quality;"primary food" is an article of food, being a produce of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection or catching in the hands of a person other than a farmer"food safety" means assurance that food is acceptable for human consumption according to its intended use; and"standard" in relation to any article of food, means the standard notified by the food authorityclause 4 seeks to provide for establish and incorporation of an authority to be called the food safety and standards authority of india the head office of the authority shall be at delhi however, the authority is empowered to establish its offices at any other places in indiaclause 5 provides for the composition of the food safety and standards authority of india the food authority shall consist of a chairperson and 18 members the chairperson and the members other than ex officio members shall be appointed by the central government on the recommendations of the selection committeeclause 6 provides for the constitution of selection committee consisting of five members with cabinet secretary as its chairperson, for the purpose of selection of chairperson and members of the food authority and provides for the procedure to be followed by that committee in making recommendations for such selectionclause 7 contains provisions in respect of terms of office, salary, allowances and other conditions of services of chairperson and members of the food authorityit provides that the chairperson and members other than ex officio members shall hold office for a period of 3 years and shall be eligible for re-appointment for a further period of 3 years the chairperson and members shall hold office till attaining the age of 65 years and 62 years, respectively it also provides that the chairperson or any member may relinquish his office by giving not less than 3 months notice in writing to the central government or be removed by the central government in terms of the provisions of clause 8clause 8 lays down the various grounds on which the chairperson and members of the food authority can be removed from office such as on the grounds of insolvency, physical or mental incapacity, conviction in an offence involving moral turpitude or having an interest prejudicial to his functions as a member or abuse of position a member, however, shall not be removed unless he has been given a reasonable opportunity of being heardclause 9 provides for appointment of a chief executive officer and other officers and employees of the food authoriy it provides that salaries and allowances payable to and other conditions of service of chief executive officer and other officers and employees shall be determined by regulations made by the food authority with the approval of the central governmentclause 10 prescribes that the chief executive officer of the food authority, who shall be in the rank of additional secretary to the government of india, shall be appointed by the central government and he shall be the legal representative of the food authority the chief executive officer shall be responsible for the day-to-day administration of the authority, drawing up of proposal for the authority's work programmes, implementing the work programmes and the decisions adopted by the authority every year, the chief executive officer shall also submit to the food authority for approval, a report covering activities of the food authority; programmes of work; the annual accounts of the previous year; and the budget for the coming year and he shall have administrative control over the officers and other employees of the food authorityclause 11 provides for establishment of a central advisory committee by the food authority consisting of representatives specified therein and the chief executive officer shall be its ex officio chairpersonclause 12 enumerates functions of central advisory committee such as ensuring close cooperation between the food authority and the enforcement agencies and to advise the food authority on drawing up of authority's work programmes, prioritisation of work, identifying potential risks, pooling of knowledge and such other functions as may be specified it shall meet atleast three times in a yearclause 13 seeks to provide for establishment of scientific panels consisting of independent scientific experts, with representation of industry and consumer organizations for deliberations the food authority may establish scientific panels as it considers necessary in addition to the panels on food additives, flavourings, processing aids and materials in contact with food; on pesticides and antibiotics residues, etc these scientific panels may be reconstituted from time to time by the food authority depending on the requirementsclause 14 seeks to provide for constitution of scientific committee consisting of the chairpersons of the scientific panels and six independent scientific experts not belonging to any of the scientific panels this committee shall be responsible for providing scientific opinion to the food authority and shall have the powers for organizing public hearings the scientific committee shall provide opinion on multisectoral issues falling within the competence of morethan one scientific panels and setting up working groups on issues which does not fall under scientific panelsclause 15 prescribes the general procedure for the appointments of the members of the scientific committee and scientific panels and empowers the food authority to lay down procedure for the operation and cooperation of the scientific committee and scientific panel these procedure relate in particular to number of members in each scientific panel and number of times that a member can serve on a scientific committee or panels, creation and organization of working group, organizing the public hearings, etcclause 16 enumerates in detail the duties and functions of the food authorityit shall be the duty of the food authority to regulate and monitor the manufacture, processing, distribution, sale and import of food and shall specify by regulations, the standards and guidelines in relation to articles of food; the mechanisms and guidelines for accreditation of certification bodies engaged in certification of food businessand laboratories and notify the accredited laboratories, etc it shall also provide scientific advice and technical support to the central and state governments in matters of framing the policy and rules in areas which have a direct or indirect bearing on food safety; contribute to the development of international technical standards for food, sanitary and phyto-sanitary standards and to undertake any other task assigned by the central government to carry out the objects of the bill the food authority shall make it public without undue delay, the opinions of the scientific committee and scientific panels public immediately after adoptionclause 17 provides for the procedures in regards to meetings of the food authority, the transaction of business at its meetings and procedure of voting by the members, etc the chief executive officer and chairperson of the scientific committee may take part in its meetings but without a right to voteclause18 seeks to provide for the general principles to be followed in administration of the bill by the central government, the food authority, the state governments and other agencies, as the case may be, while framing regulations and specifying food safety standards or while enforcing or implementing the provisions of the bill the food authority shall, while discharging its functions, take into account the prevailing practices and conditions in the country including agricultural practices, handling, storage and transport conditions including international standards and practices, etc the said authorities shall be guided by the general principles of food safety such as risk analysis, risk assessment, risk management, risk communication, transparent public consultation, protection of consumer interests, etc it empowers the food authority to notify other general principles from time to tme as per the requirementsclause 19 prohibits the use of any food additives or processing aid unless it is in accordance with the provisions of the bill and regulations made thereunderclause 20 provides that no article of food shall contain contaminants, naturally occurring toxic substances or toxins or hormone or heavy metals in excess of such quantities as may be specified by the regulationsclause 21 provides that no article of food shall contain insecticides, pesticides, veterinary drugs residues, antibiotic residues, solvent residues, pharmacological active substances and micro-biological counts in excess of such tolerance limit as may be specified by the regulations it provides that no insecticide shall be used directly on articles of food except fumigants registered and approved under the insecticide act, 1968 (46 of 1968)clause 22 provides that no person shall manufacture, process or sell genetically modified articles of food, irradiated food, organic foods, functional foods, neutraceuticals, health supplements, proprietary foods and similar foods except in accordance with the provisions contained in the bill and rules and regulations made thereunderclause 23 provides that no person shall manufacture, distribute, sell or expose for sale or dispatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified every food business operator shall ensure that the labeling and presentation of food does not mislead consumersclause 24 provides for restriction on advertisement of any food which misleads or contravenes the provisions of the bill or the rules and regulations made thereunder it also provides for prohibition as to any unfair trade practice for the purpose of promoting sale, supply, use and consumption of articles of food or adoption of any unfair or deceptive practice to mislead the public regarding the standards, quality, quantity, usefulness or giving of any guarantee of the efficacy that is not based on an adequate or scientific justification thereofclause 25 make all imports of articles of food to be subject to the provisions of the bill it provides that no person shall import into india any article of food in contravention of the bill or any rules and regulations made thereunder it also provides that the central government shall, while prohibiting, restricting or otherwise regulating import of articles of food under the foreign trade (development and regulation) act, 1992 (22 of 1992), follow the standards laid down by the food authority under the provisions of this bill and the rules and regulations made thereunderclause 26 seeks to provide for the responsibilities of the food business operator to ensure that the articles of food satisfy the requirements of the bill and the rules and regulations made thereunder at all stages of production, processing, import, distribution and sale within the businesses under his control sub-clause (2) provides that no food business operator shall himself or by any person on his behalf manufacture, store, sell or distribute any article of food which is unsafe or misbranded or sub-standard or contains extraneous matter or which is for the time being prohibited by the food authority or the central government or the state government in the interest of public health the food business operator shall not employ any person who is suffering from infectious, contagious or loathsome disease under sub-clause (4), no food business operator shall sell or offer for sale any article of food to any vendor unless he also gives a guarantee in writingclause 27 relates to the liabilities of the manufacturer, distributors and sellers of articles of food if they do not conform to the food safety requirements of the bill and the rules and regulations made thereunder sub-clause (2) provides that the seller shall be liable for any article of food which is handled or kept in unhygienic conditions making it unsafe or sold after the date of its expiryclause 28 this clause contains the provisions relating to food recall proceduresif a food business operator considers or has reason to believe that a food which it has processed, manufactured or distributed is not in compliance with the provisions of the bill and the rules and regulations made thereunder, it shall immediately initiate procedures to withdrawal the food in question from the market and the consumers and inform the competent authorities and co-operate with them, if he considers or has reasons to believe that a food which he has placed on the market may be injurious to human health and shall inform the competent authorities of the action taken to prevent risks to the consumerclause 29 provides that the food authority and the state food safety authorities shall be responsible for the enforcement of the provisions of the bill it empowers the said authorities to monitor and verify that the relevant requirements are fulfilled by food business operators, maintain a system of control, public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business sub-clause (4) empowers the food safety officer to enforce and execute within their area the provisions of this bill it also empowers the commissioner of food safety and designated officer to exercise the same powers as is conferred on the food safety officer and follow the same procedure specified in the billclause 30 empowers the state government to appoint commissioner of food safety for the state for efficient implementation of food safety and standards and other requirements laid down under the bill or the rules and regulations made thereunder it enumerates the functions of the commissioner of food safety, such as, prohibiting manufacture, storage, distribution or sale of any article of food in the interest of public health, carrying out survey of the industrial units engaged in the manufacture or processing of food, conducting or organising training programmes for the personnel, generating awareness on food safety, ensure an efficient and uniform implementation of the standards, sanction prosecution for offences and such other functions as the state government may, in consultation with the food authority, prescribeclause 31 provides for licensing the registration of food business it provides that no person shall commence or carry on any food business except under a licence issued by a designated officer authorised by the commissioner of food safety an appeal against the order of the designated officer shall lie with the commissioner of food safety sub-clause (8) of the bill provides that every petty manufacturer who himself manufactures and sell any article of food, retailer, hawker, itinerant vendor, temporary stall holder shall only register their business with the concerned municipality or the panchayat the case may beclause 32 contains provisions for issuing improvement notices to the food businesses which fails to comply with the requirements of the bill the designated officer may serve an improvement notice if he has reasonable grounds for believing that the proprietor or a food business operator has failed to comply with any regulations and in the event of failure to comply with such improvement notice, the licence may be suspended or cancelled any person who is aggrieved by an improvement notice may appeal to commissioner of food safety whose decision thereon shall be finalclause 33 empowers the court to issue prohibition orders in cases where the food business operator is convicted of an offence under the bill; and the court by or before which he is so convicted is satisfied that the health risk exists with respect to that business any person who knowingly contravenes such an order shall be guilty of an offence and be punishable with a fine which may extend to rupees three lakhs aprohibition order shall cease to have effect upon the court being satisfied on an application made by the food business operator not less than six months after the prohibition order has been passed that the food business operator has taken sufficient measures justifying the lifting of the prohibition orderclause 34 empowers the commissioner of food safety to serve emergency prohibition notices and orders to the food business operators if the designated officer is satisfied that the health risk condition exist with respect to any food business, and on an application made by him to the commissioner of food safety for imposing the appropriate prohibition the designated officer shall not apply for an emergency prhobition order unless, at least one day before the date of the application, he has served notice on the food business operator of the business of his intention to apply for the order any person who knowingly contravenes such an order shall be guilty of an offence and shall be punishable with imprisonment of a term which may extend to two years and with fine which may extend to rupees two lakhs an emergency prohibition order shall cease to have effect on the issue by the designated officer of a certificate to the effect that he is satisfied that the food business operator has taken sufficient measures to secure that the health risk condition exists no longer fulfilled with respect to the business justifying the lifting such orderclause 35 requires the food authority to notify registered medical practitioners carrying on their profession in any local area specified in the notification, to report all occurrences of food poisoning coming to their notice to such officer as may be specifiedclause 36 empowers the commissioner of food safety of the state to appoint, by order, the designated officer who shall not be below to the rank of a sub-divisional officer, to be in-charge of food safety administration in such areas as may be specified it enumerates the functions to be performed by the designated officer which includes issuing or cancellation of licence of food business operators as the licensing authority, to prohibit the sale of any article of food which are not as per prescribed standards, to receive report and samples of article of foods from food safety officer, to make recommendations to commissioner of food safety for sanction to launch prosecutions in case of contraventions punishable with imprisonment or with fine, to investigate any complaint which may be made in writing against the food safety officer, and to perform such other duties as may be entrusted to him by the commissioner of food safetyclause 37 empowers the commissioner of food safety officers in consultation with the state government, by notification, for such local areas as it may assign to them for the purpose of perfrming its functions under the bill it provides that the state government may authorize any officer of the state government having the prescribed qualifications to perform the functions of a food safety officer within a specified jurisdictionclause 38 enumerates in detail, the powers of the food safety officer, which include taking of a sample of any article of food seizure of any article intended for food which appears to the food safety officer to be in contravention of the bill or the regulations or orders made thereunder, power to enter and inspect any place where article of food is manufactured, or stored for sale, etc it provides that the food safety officer shall, in exercising the powers of entry upon, and inspection of any place under this clause, follow, as far as may be, the provisions of the code of criminal procedure, 1973 relating to the search or inspection of a place by a police officer executing a search warrant issued under that codeclause 39 provides that any food safety officer exercising powers under the bill or under the rules and regulations made thereunder who vexatiously and without any reasonable ground seizes any article of food or commits any other act to the injury of any person whithout having reason to believe that such act is necessary for the execution of his duty, shall be guilty of any offence under the bill and shal be punishable for such offence with fine which may extend to twenty-five thousand rupeesclause 40 enables the purchaser of any article of food to get analyzed such food from the food analyst after informating the food business operator at the time of purchase of his intention to have such artcle so analyzed in case the food analyst finds the sample in contravention of the provisions of the bill, he shall follow the procedure prescribed under the bill for prosecutionclause 41 empowers the food safety officer to search any place, seize any article of food or adulterant, if there is a reasonable doubt about them being involved in commission of any offence relating to food however, no search shall be deemed to be irregular by reason only of the fact that witness for the search are not inhabitants of the locality in which the place searched is situatedclause 42 lays down procedure for launching prosecutions it provides that the designated officer, after scrutiny of the report of food analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendations within fourteen days to commissioner of food safety for sanctioning prosecution in case the contravention is punishable with fine only, he shall himself adjudicate and dispose off the case it also provides that the commissioner of food safety shall, if he so deems ft, decide within the prescribed period as per the gravity of offence, whether the matter be referred to a court of ordinary jurisdisction in case of offences punishable with imprisonment for a term up to three years; or a special court in case of offences punishable with imprisonment for a term exceeding three years where such special court is established and in case no special court is established, such cases shall be tried by a court of ordinary jurisdictionclause 43 contains the provisions relating to recognition and accreditation of laboratories, research institutions and referral food laboratory it empowers the food authority to, recognize any food laborator and research institution as accredited by national accreditation board for testing and calibration laboratories (nabl) or similar accreditation agency for the purposes of carrying out analysis of samples by the food analysts; establish or recognize one or more referral food laboratory or laboratories to carry out the functions entrusted to the referral food laboratory, frame regulations specifying the functions of food laboratory and referral food laboratory, the procedure for submission of samples of articles of food to the laboratory for analysis or testsclause 44 provides for recognition of organisation or agency for food safety audit by the food authority for the purposes of food safety audit and checking compliance with safety management systems required under the bill or the rules or regulations made thereunderclause 45 empowers the commissioner of food safety of the state to appoint food analysts for such local areas as may be assigned to them however, no person who has any financial interest in the manufacture or sale of any article of food shall be appointed as a food analystclause 46 enumerates the functions of the food analysts it provides that the food analyst shall cause to be analyzed such samples of article of food as may be sent to him by food safety officer or by any other person authoized under the bill the food analyst shall send a report of the result of such analysis to the designated officer within a period of fourteen days from the date of receipt of such sample an appeal against the report of food analyst shall lie before the designated officer who shall, if he so decides,refer the matter to the referral food laboratory as notified by the food authority for opinionclause 47 provides for the purocedures for sampling and analysis of articles of foods when a sample of any article of food or adulterant is taken, the food safety officer shall, by the immediately succeeding working day, send the sample in accordance with the rules prescribed for sampling to the food analysts for the area concerned an article of food or adulterant seized, unless destroyed, shall be produced before the designated officer as soon as possible an in any case not later than seven days after the receipt of the report of the food analystclause 48 provides for generation provisions relating to offences in determining whether any food is injurious to health, regard shall be had to the particular health sensitivities of a specific categor of consumer where the food is intended for that category of consumers but also to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities for the purposes of the chapter on offences and penalties, "injury" includes any impariment, whether permanent or temporary, and "injurious to health" shall be construed accordinglyclause 49 provides for general provisions relating to penalities it provides that while adjudging the quantum of penatly, the adjudicating officer or the tribunal, as the case may be, shall have de regard to,(a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention;(b) the amount of loss caused to any person as a result of the contravention;(c) the repetitive nature of the contravention; (d) whether the contravention is willful, and (e) any other relevant factorclause 50 provides penalty for selling food not of the nature or substance or quality demanded it provides that any person, who sells to the purchaser's prejudice any food which is not in compliance with the provision of this act and the regulation mode thereunder of the nature or substance or quality demanded by the purchaser, shall be liable to a penalty not exceeding two lakh rupeesclause 51 provides penalty for manufacturing selling, storine or import, etc, of sub-standard, food for human consumption and makes it liable to a fine which may extend to five lakh rupeesclause 52 provides penalty for misbranded food any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupeesclause 53 provides penalty for misleading advertisement and makes it liable to a fine which may extend to ten lakh rupeesclause 54 provides penalty for food containing extraneous matter or import of such foods and makes it liable to a fine which may extend to one lakh rupeesclause 55 provides that if a food business operator or importer without reasonable ground, fails to comply with the requirements of the bill or the rules, regulations or orders issued thereunder, as directed by the food safety officer, he shall be liable to a penalty which may extend to two lakh rupeesclause 56 provides penalty for unhygienic or unsanitary processing or manufacturing of food and makes it liable to a fine which may extend to one lakh rupeesclause 57 provides penalty for manufacture, sales, distribution or import of any adulterantclause 58 provides penalty for contravention of any provisions of the bill or the rules or regulations made thereunder for which no specific penalty is provided and makes such contravention liable to a fine which may extend to two lakh rupeesclause 59 seeks to provide punishment for unsafe food and makes the offence punishable, where such failure or contravention,—(i) does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;(ii) results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;(iii) results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;(iv) results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees clause 60 seeks to provide punishment for interfering with seized items and makes the offence punishable with imprisonment for a term which may extend to six months and also with fine which may extend to two lakh rupeesclause 61 seeks to provide punishment for false information and producing any document by a person in connection with a requirement or direction under the bill, knowing it to be false or misleading, and makes him punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupeesclause 62 seeks to provide punishment to any person who without reasonable excuse, resists, obstructs or attempt to obstruct, impersonate, threaten, intimidate or assault a food safety officer in exercising of his functions under the bill, and makes him punishable with imprisonment for a term which may extend to three months and also with a fine which may extend to one lakh rupeesclause 63 seeks to provide punishment for carrying out a business of manufacturing, selling, storing or distributing or importing any article of food without a licence by any person or a food business operator either himself or by any person on his behalf, who is required to obtain a licence under the bill, and makes him punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to one lakh rupeesclause 64 seeks to provide punishment for subsequent offences and makes the offender liable to twice the punishment which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence; and a further fine on daily basis which may extend upto one lakh rupees, where the offence is a continuing one, and cancellation of his licence the court may also cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may directclause 65 provides for compensation in case of injury or death of consumer and makes the offender liable to pay compensation to the victim or the legal representative of the victim a sum not less than rupees five lakhs in case of death; and sum not exceeding rupees three lakhs in case of grievous injury; and a sum not exceeding rupees one lakh, in all other cases of injury where any person is held guilty of an offence leading to grievous injury or death the adjudicating officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the adjudicating officer or the court may direct in case of grievous injury or death of consumer and may also order for cancellation of licence, recall of food from market, forfeiture of establishment and property, or issue prohibition orders in other casesclause 66 provides for liabilities relating to offences by companies clause 67 provides penalty for contravention of provision of the bill in case of import of articles of food to be in addition to penalties provided under any other actclause 68 authorises the state government to notify an officer not below the rank of additional district magistrate of the district where the alleged offence is committed, as the adjudicating officer for adjudication in the manner as may be prescribed such adjudicating officer shall have the powers of a civil court and all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code (45 of 1860) and shall be deemed to a court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973 (2 of 1974) any person who is aggrieved by a decision of an adjudicating officer may appeal to the commissioner of food safety or such other officer, within thirty days from the date on which order was served on the person desiring to make appeal, if a food appellate tribunal has not been establishedclause 69 empowers the designated officer to accept from petty manufacturer who himself manufactures and sell any article of food, retailers, hawkers, itinerant vendors, temporary stall holders against whom a reasonable belief exists that he has committed an offence against this act, payment of sum of money which shall not be more than one lakh rupees by way of composition of the offence which such person is suspected to have committed on payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person no offence, for which punishment of imprisonment has been prescribed, shall be compoundedclause 70 makes enabling provisions for establishment of tribunals to be known as the food safety appellate tribunal consisting of one person only as the presiding officer of the food safety appellate tribunal to be appointed by the central government or the state government as the case may be the qualifications, appointment, term of office, or allowances, resignation and removal of the presiding officer, the procedure of appeal and powers of the tribunal shall be such as may be prescribedclause 71 provides for procedure and powers of the food safety appellate tribunal the food safety appellate tribunal shall have, for the purposes of discharging its functions under the bill, the same powers as are vested in civil court under the code of civil procedure, 1908, while trying a suit, in respect of certain matters an appeal against the decision or order of the food safety appellate tribunal may file before the high court within sixty days from the date of communication of the decision or order of the tribunalclause 72 bars a civil court from entertaining any suit or proceeding in respect of any matter which an adjudicating officer appointed under the bill or the food safety appellate tribunal constituted under the bill is empowered and no injuction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the billclause 73 empowers the court to try cases summarily and provides that all offences not triable either by an adjudicating officer or by a special court be tried in a summary way by a judicial magistrate of the first class or by a metropolitan magistrate and the provisions of sections 262 to 265 (both inclusive) of the code of criminal procedure, 1973 shall, as far as may be, apply to such a trial, provided that in the case of any conviction in a summary trial under this clause, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one yearclause 74 empowers the central government or the state government in their respective jurisdictions to constitute special courts for trial of offences relating to grievous injury or death of the consumer for which punishment of imprisonment for more than three years has been prescribed for every special court, the central government or the state government, as the case may be, shall appoint a person to be the public prosecutor and may appoint more than one person to be the additional public prosecutorsclause 75 provides that where, after taking cognizance of any offence, a special court is of the opinion that the offence is not triable by it, it shall transfer the case for the trial of such offence to any court having jurisdiction under the code of criminal procedure, 1973 and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offenceclause 76 makes provision for appeal against the decision or order of a special court to the high court within forty-five days from the date on which the order was served an appeal preferred under this clause shall be disposed of by the high court by a bench of not less than two judgesclause 77 provides that no court shall take congnizance of an offence under the bill after the expiry of the period of one year from the date of commission of an offence unless the commissioner of food safety may, for reasons to be recorded in writing, approve prosecution within an extended period of upto three yearsclause 78 empowers the court to implead importer, manufacturer, distributor, etc where at any time during the trial of any offence under the bill alleged to have been committed by any person, not being the importer, manufacturer, distributor or dealer of any article of food, the court, is satisfied, on the evidence adduced before it, that such importer, manfacturer, distributor or dealer is also concerned with that offence, then the court may, proceed against him as through a prosecution has been instituted against him under the billclause 79 empowers the court of ordinary jurisdiction to pass any sentence authorised under the bill, except a sentence of imprisonment for a term exceeding six yearsclause 80 makes provision for defences which may or may not be allowed in prosecution under the bill those defences have been categorized as—(a) defence relating to publication of advertisements,(b) defence of due diligence, (c) defence of mistaken and reasonable belief not available, (d) defence in respect of handling food, (e) defences of significance of the nature, substance or quality of foodclause 81 provides that the food authority shall prepare its budget for the next financial year, showing estimated receipts and expenditure of the food authority and forward the same to the central government the food authority with the prior approval of the central government, shall adopt financial regulation which specifies in particular the procedure for drawing up and implementing the authority's budgetclause 82 provides that the central government may after due appropriation, make grants to the food authority to be utilized for the purposes of the bill the food authority on the recommendation of the central advisory committee shall specify a graded fee from licensed food business operator, accredited laboratories or food safety auditors to be charged by the commissioner of food safetyclause 83 provides that the food authority shall maintain proper accounts and 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 the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliamentclause 84 requires the food authority to prepare once every year, an annual report of its activities during the previous year and to forward the same to the central government and state governments such report shall be laid before each house of parliamentclause 85 empowers the central government to issue directions to the food authority on matter of policy and in obtaining reports and returns if any dispute arises between the central government and the food authority as to whether a question is or is not a question of policy, the decision of the central government thereon shall be finalclause 86 empowers the central government to give such directions to the state government as it may deem necessary, for carrying out all or any of the provisions of the billclause 87 provides for the members, officers of the food authority and the commissioners of food safety and their officers shall be deemed, when acting of purporting to act in pursuance of any of the provisions of the bill, to be public servants within the meaning of section 21 of the indian penal code (45 of 1860)clause 88 seeks to provide protection to the central government, the state government, the food authority and other bodies constituted under the bill or any officer of the central government, the state government or any member, officer or other employee of such authority and bodies or any other officer acting under the bill for anything which is in good faith done or intended to be doneclause 89 provides for overriding effect of the bill over all other food related lawsclause 90 provides for transfer of existing employee of the central government agencies administering food laws to the food safety and standards authority of india on and from the date of establishment of that authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be the employee of the food authorityclause 91 empowers the central government by notification in the official gazette, to make rules for carrying out the provisions of the bill it enumerates the various matters in respect of which the central government may make rules, such as, the salary and allowances payable to, and other terms and conditions of service of the members and officers and staff of the food authority; qualifications of food safety officer and food analysts, the manner of holding inquiry by the food appellate tribunal; and other related mattersclause 92 empowers the food authority to make, with the previous approval of the central government, by the notification, regulations for carrying out the provisions of the bill it enumerates the various matters in respect of which the authority can make regulations, such as notifying standards and guidelines in relation to articles of food meant for human consumption; notifying procedure for the licensing and registrationn of food business for the manufacture, processing or sale of safe food, notifying guidelines for the manufacture, and sale of food including genetically modified articles of food, health and functional foods or any other foods; issue codes of recommended practices in consultation with the concerned organizations as regards the execution and enforcement of the bill and of regulations and orders made under itclause 93 provides for laying of every rule and every regulations made under the bill before each house of parliamentclause 94 empowers the state governments to make, by the notification in the official gazette, rules for carrying out the provisions of the bill it enumerates matters in respect of which the state government, can make rules, such as making rules to provide for other functions of the commissoner of food safety, rules necessary to enforce provisions of the bill every rule made by the state government under the bill shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses or where such legislature consists of one house, before that houseclause 95 makes enabling provisions under which the state government may empower the commissioner of food safety to order payment of reward to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribedclause 96 provides that a penalty imposed under the bill, if it is not paid, shall be recovered as an arrear of land revenue and the defaulters licence shall be suspended till the penalty is paidclause 97 seeks to repeal the enactment and orders specified in the second schedule immediately with effect from the date on which the bill is enacted and comes into force, provided that such repeal shall not affect (i) the previous operations of the enactments under repeal or anything duly done or suffered thereunder; or (ii) any right, privilege, obligation or liability acquired, accrued or incurred under any of the enactments under repeal; or (iii) any penalty, forfeiture or punishment incurred in respect of any offences committed against the enactments under repeal; or (iv) any investigation, or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if the bill had not been passed if there is any other law for the time being in force in any state, corresponding to the bill, the same shall, upon the commencement of the bill, stand repealed and in such case, the provisions of section 6 of the general clauses act, 1897 (10 of 1897) shall apply as if such provisions of the state law had been repealed it also provides that the standards, safety requirements and other provisons of the acts, rules, regulations and orders listed in the second schedule shall continue to operate and be in force till new provisions are prescribed under the bill and the rules and regulations made thereunderclause 98 provides that notwithstanding the repeal of the enactment and orders specified in the second schedule the standards, safety requirements and other provisions of the acts, rules, regulations and orders listed in that schedule shall continue to be in force and operate till new standards are specified under the bill or rules and regulations made thereunderclause 99 provides that on and from the date of commencement of the bill, the milk and milk products order, 1992 issued under the essential commodities act, 1955 shall be deemed to be the milk and milk products regulations, 1992 issued by the food authority under the billclause 100 it makes certain amendments in the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) act, 1992 (41 of 1992)clause 101 seeks to empower the central government to remove difficulties that may arise in giving effect to the provisions of the bill within a period of three years from the date of its commencement every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliamentthe first schedule outlines the zones from which the states and the union territories will get representation in the food authoritythe second schedule gives the details of food act/orders which will stand repealed on commencement of the provisions of the bill financial memorandumclause 4 provides that the central government shall establish a body to be known as the food safety and standards authority of india to exercise the powers conferred on, and to perform the functions assigned to it, under the bill in terms of clause 7 of the bill, the central government shall prescribe the salary, allowances and other terms and conditions of service of the chairperson and other members of the food authority clause 9 provides that the central government shall appoint a chief executive officer of the food authority and that authority may, with the approval of the central government, determine the number, nature and categories of other officers and employees required by the authority in the discharge of its functions under the bill and determine their terms and conditions of the service including the salaries and allowances2 clause 81 of the bill prescribes that the authority shall prefix in each financial year, its budget for the next financial year shown the estimated receipts and expenditure of the authority and forward the same to the central government3 clause 82 provides that the central government may, after due appropriation make grants of such sums of money as it may think fit, to the food authroity to be utilized for the purposes of the bill sub-clause (2) provides that the food authority shall specify graded fee from licensed food business operator, accredited laboratories or food safety auditors to be charged by the commissioner of food safety4 clause 90 of the bill provides for the transfer of existing employees of the central government agencies administering various food laws to the food authority, on and from the date of establishment of the food authority or until the expiry of the period of six months from that date, if such employee opts not to be the employee of the food authority the expenditure relating to the employees so transferred to the food authority shall be met with the existing budgetary allocations5 it is estimated that there would be an expenditure of ten crores of rupees in the first year of establishment of the food authority, to be borne by the central government this would include non-recurring capital expenditure of three crores of rupees and a further recurring expenditure of seven crores of rupees towards salaries and allowances, rent for office accommodation, etc6 the bill if enacted and brought into operation, would involve expenditure from the consolidated fund of india as mentioned above and is not likely to involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 91 of the bill empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the bill sub-clause (2)enumerates the matters in respect of which such rules may be made these inter alia, includes prescribing salary, allowances and other terms and conditions of service of, the members, officers, and staff of the food authority, the manner of holding inquiry by food appellate tribunal, issue directions or guidelines in regard to international issues relating to food standards and safety and any other matter which is rquired to or may be, prescribed or in respect of which provision is to be made by rules by the central government2 clause 92 of the bill empowers the food authority to make regulations, with the approval of the central government and after previous publication, for carrying out the provisions of the bill such regulations should be consistent with the bill and the rules made thereunder the matters in respect of which the food authority may make regulations, inter alia, include notifying standards and guidelines in relation to articles of food meant for human consumption, notifying procedure for the licensing and registration of food business for the manufacture, processing or sale of safe food, the fees payable therefor, the deposit of any sum as security for the performance of the conditions of licensing and the circumstances under which such licence or security may be cancelled or forfeited, notifying guidelines, for the manufacture and sale of food including genetically modified articles of food, health and functional foods or any other foods, issue guidelines or directions for participation in codes meetings regulating the procedure for the transaction of business at its meetings, and other related matters3 all rules and regulations made under the bill shall be required to be laid before each house of parliament4 clause 94 empowers the state government to make rules on matters specified therein it also makes provision for laying of such rules before the state legislature5 the matters in respect of which rules and regulations may be made are matters of procedure and administrative detail, and it is not practicable to provide for them in the bill itself the delegation of legislative power is therefore of a normal character———— a billto consolidate the laws relating to food and to establish the food safety and standardsauthority of india for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto————(shri subodh kant sahai, minister of state for food processing industries)mgipmrnd—2638ls—20-08-2005 | Parliament_bills | a89dcd5c-70f9-5788-aea3-cd2eaa36b0bf |
bill no 16 of 2011 the government servants (declaration of assets and investigation) bill, 2011 by shri pradeep tamta, mp abillto provide for declaration and investigation of assets held by government servants employed in certain departments and for matters connected therewithbe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the government servants (declaration of assets and investigation) act, 2011short title, application and commencement5(2) it shall apply to government servants holding posts or appointments under theunion government or the union territory administration(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 ||---------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| held by the government servants or by their dependants, within the country and/or | | || abroad; | | || 5 | | || ( | b | ) "authority" means the government servants assets investigation authority || constituted under section 3; | | || ( | c | ) "dependants" includes spouse, parents, sons and unmarried daughters; || ( | d | ) "government servants" means persons employed in government || departments specified in the schedule to this act and holding any post or appointment | | || under the union government or the union territory administration; and | | || 10 | | || ( | e | ) "prescribed" means prescribed by rules made under this act |3 (1) there shall be constituted an authority to be called the government servants assets investigation authority15(2) the authority shall consist of such number of members not exceeding ten, chosen from fields like finance, social welfare, education and other such fields, in such manner, as may be prescribedconstitution of the government servants assets investigation authority(3) the chairperson of the authority shall be a retired judge of the supreme court or of a high court and shall be appointed by the president| function | of ||----------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| authority | || 4 | the authority shall look into and investigate such cases of assets disproportionate || to the known sources of income held by a government servant, on its own or otherwise | || 20 | || declaration of | || assets | by || g o v e r n m e n t | || servants | || 5 | ( || the schedule shall, within a period of one month from the date of coming into force of this | || act, declare the particulars of all the assets possessed by him and his dependants to the | || authority, in such manner and form, as may be prescribed | || 25 | || ( | 2 || return of the assets held or acquired by him and any of his dependants within one month of | || the beginning of the next financial year to the authority | || 30 | || 6 | the details of the return filed by the government servant and of the declaration || made by him under section 5 shall be maintained by the authority in a register to which any | || member of the general public shall have access | || maintenance | || of a register | || showing | || returns filed | || by | || government | || servants | || disciplinary | || action | || 7 | the government servants found to be having assets disproportionate to the known || sources of their income shall be subject to such disciplinary action, as may be prescribed | |8 the central government may, by order, add any other department of the government to the schedule to this actprovision for inclusion of other departments in the schedule35power to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:—(i) the manner in which members of the authority shall be appointed;40(ii) the form in which declaration of assets shall be furnished; (iii) the manner in which the declaration shall be scrutinized;(iv) the procedure to be followed by the authority for investigation of assets of a government servant;5(v) action to be taken in case declaration of assets furnished is false orinvestigation of assets leads to the fact that the government servant has assets disproportionate to the known source of his income; and(vi) any other matter that is necessary to carry out the provisions of this act10(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 house 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 the schedule[see sections 2(d), 5(1) and 8]1 department of revenue-tax, customs and central excise 2 department of sales tax 3 municipal corporation 4 departments dealing with public utility services like water, electricity, civil supplies,etc5 department dealing with housing 6 police statement of objects and reasonsthere has been a large scale corruption in certain departments of the government dealing with income-tax, customs and central excise, housing, water, electricity, law and order as is evident from public outcry and reports in newspapers and electronic media there are allegations that persons working in these departments despite having very meager salary live in a very lavish style with all modern facilities so far, there has been no initiative by the government to look into the life style of these persons and take action against them it is a common fact that an ordinary man has to run from pillar to post to get his work done if he does not bribe the persons concerned everyday, there are reports in the newspapers and electronic media about the deep rooted and wide spread corruption in these departments this is also highlighted by articles and letters published in newspapers it is high time that the government took initiative to look into the high level corruption in these departments before the situation becomes explosive the bill seeks to achieve this purpose by providing a deterrent to the effect that assets of government employees shall be subject to continuous scrutinynew delhi;pradeep tamtafebruary 21, 2011 financial memorandumclause 3 of the bill provides for the establishment of an authority to be known as the government servants assets investigation authority by the central government 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 five crore is also likely to be incurred memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for declaration and investigation of assets held by government servants employed in certain departments and for matters connected therewith————(shri pradeep tamta, mp)gmgipmrnd—6964ls(s3)—11-03-2011 | Parliament_bills | d178f3b5-9139-575d-a3cb-aa71b18873b0 |
biu no 720119' the' estate duty (distribution) amendmbnt bill, 1965 a bill lurther to amend the bbtote duty (dinribution) a~, i_ slt enacted by parliament in the sixteenth year f 1ihe republic of lddia as tollows:-1 (1) this act may ·be cajled the estate duty (distribution) short title ameddmst act, 1965 add com-o mence-s (2) itshall come into force on the 1st day of april, 1968 ment - -j 1 z in the long title of the estate duty (distributiou) ad, 1982 amend- (berelnatter referred to the principal act), for the words, figures meat and letters i'dated the 14th day of december 1981" the w~~" of long , , \m'--t title flgures and letters 0 "dated the 12th day of august, 1965" shall be 10 aubltttuted 3 in section 3 of the principal act,- _ (i) for iub-aec:tion _11) t the followin sub-lection shall besubltltu~, namely:- -"(1) during each ftnancial year commenc:fng on and after the !at day of april, 1866, the net proceeds of ta~ , duty levied and collected durio, that banetal year ihall, after deduet1ng therefrom a bum equal to two per cent of the aid proceeds 88 being attrtbutable to udion territories, be c:ustributacl among the states· in accordance' with the proyislodl of sub-section (2) tt; 10 (ii) for clallle (i») of sub-section (2), the following clauie shall be aubatltuted, namely:-•• (b) tlbe balance shall be c:uitrlbuted amon the states u follows:-state pereentage i, addhra pradesh a'h abslm zo'15 bihar 10'76 gujarat "'78 20 j8llljdu and kashmir 0'83 kerala 3·n madhya pradesh 7'50 madras 7',, mahraahtra 9'16 25 'mysore 5' na~~ 0'09 orissa 4'07 punjab 4~'10 rajasthan 4'8'1 30 u~ur prade&h 17'08 west bengal 8'09" ------- statement of objects and reasonsthis bill seeks to amend the estate duty (distribution) act, 1162 for the purpose of giving effect to the recommendati&ds made by the fourth finance commission for the distribution amon, tbe ~tates of the net p~ of the estate duty on property other than agricultural land, except in so far as those proceeds represent the proceeds attritbutable to union territories - t t krishnamachari nor daua; the 20th november, 1865 president's recommendation under articles 117 and til 274 of the constitution of india -_ [copy of letter no f 13 (12) -b/65, dated the 22dd november, 1965 from shri t t krishnamachm, minister of finance to the secretary, lok sabha] the president having been informed of the subject inatter of the proposed bill to further amend the estate duty (distribution) act, 1962, in pursuance of the principles of distribution· fqrmulated and the ~ommeadatiodl made by the finance commlalon in its report dated the 12th day of august, 1965, recommends under article 117(1) of the constitution of india read with article 274 thereof, the introduction of the estate duty (djstributlon) amendment bill 1985, in the lok sabba and also the consideration of the bill annexure extracts from 'l'hi: estate duty (dis'i"rmunon) act, 1962 (9 of 1962)an act to provide for the distribution of the net proceeds of the estate· duty among the states in punntance of the principles of distribution formulated and the recommendations made by the finance commiasion in its report dated the 14th day of december, 1961 - - - - - diatribu-3 (1) during each financial year comme~cing on and after the tion of net 1st day of ap~, 1962, the net proceeds of estate duty levied and :-': ~ collected during that ftdancial year shall, after deducting therefrom uai«nedu ~ a sum equal to one per cent of the said proceeds as being attributfile state able to union temtories, be distributed among the states in accordance with the provisiolls of sub-section (2): provided that the amount attributable to the union territories shall ,be taken to be o' 98 per cent during the financial year 1s63-m and o' 95 per cent during each of the subsequent financial years: provided further that out of the amount distributable among ~he ~tates, there shall be paid to the state of nagaland during the financial year 1963-64, o' 02 per cent, and during each of the subsequent financial years, o' 05 per cent of the net proceeds and o~y the balance distributed among the remaining states in accordance with the provisions of sub-section (2) (2) out of the tetal amount falung to be distributed in any inancial year under sub-section (1)-- - - - - (b) the balance shall be distri'buted amqllg the state as follow's: --state percentage ---__-------__-----------aildhra pradesh assam i ---___--_ _---------------- --__----__ _,--"-:-: state --------______ jp~rce,lta"e --------------___-----------bihar 10''l8 4,m 0'" ' 8' • 'l'51 'l,ao 9'i8 5' ,oa gujarat jammu and kuhmir kerala madhya pradesh madras maharashtra my80re ori "''l1 punjab rajuthan uttar pradelh 4'8'1 1'l'10 a bill ftanher to amend the bstate duty (distribution) act, 1962 , (shri t t krislmamachari, , /\1 mister 0/ finane) | Parliament_bills | f6edbcda-6ece-5092-89aa-d0eaacee3a76 |
bill no 126 of 2015 the constitution (amendment) bill, 2015 byshri anandrao adsul, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2015short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint2 in article 330 of the constitution,—amendment of article 330(a) in clause (1), after sub-clause (c), the following sub-clause shall be inserted, namely:—"(d) the nomadic tribes"; and(b) in clause (2),—(i) for the words "the scheduled castes or the scheduled tribes", the words "the scheduled castes or the scheduled tribes or the nomadic tribes" shall be substituted; and5(ii) for the words "the scheduled tribes in the state or union territory", the words "the scheduled tribes in the state or union territory or of the nomadic tribes in the state or union territory" shall be substituted" statement of objects and reasonsat present reservation of seats in the house of the people is available to the persons belonging to the scheduled castes and the scheduled tribesthe persons belonging to nomadic tribes are living in primitive conditions if the provision of reservation of seats in favour of persons belonging to the nomadic tribes in the house of the people is made, their problems to a large extent can be addressed effectivelytherefore, the bill seeks to amend the constitution with a view to provide reservation of seats in the house of the people in favour of persons belonging to the nomadic tribesnew delhi;anandrao adsulapril 7, 2015 annexure extract from the constitution of india 330 reservation of seats for scheduled castes and scheduled tribes in the house of the people—(1) seats shall be reserved in the house of the people for—(a) the scheduled castes; (b) the scheduled tribes except the scheduled tribes in the autonomous districts of assam; and(c) the scheduled tribes in the autonomous districts of assam(2) the number of seats reserved in any state or union territory for the scheduled castes or the scheduled tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that state or union territory in the house of the people as the population of the scheduled castes in the state or union territory or of the scheduled tribes in the state or union territory or part of the state of the state or union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the state or union territory ————abillfurther to amend the constitution of india————(shri anandrao adsul, mp)gmgipmrnd—293ls(s3)—28-04-2015 | Parliament_bills | 636ae02a-e0a4-5668-be42-780f913e9f09 |
annexureextract from the terrorist and disruptive activities (prevention) acr, 1987 ' (28 of 1987) part i preliminary| short | dt | ae | | | | ||-------------|------------|----------------|------------|------------|-------------|------------|| title, | | | | | | || extent, | | | | | | || (4) | | | | | | || it | | | | | | || shall | | | | | | || remain | | | | | | || in | | | | | | || force | | | | | | || for | | | | | | || a | | | | | | || period | | | | | | || of | | | | | | || four | | | | | | || years | | | | | | || from | | | | | | || the | | | | | | || 24th | | | | | | || applica- | | | | | | || day | | | | | | || of | | | | | | || may, | | | | | | || 1987, | | | | | | || but | | | | | | || its | | | | | | || expiry | | | | | | || under | | | | | | || the | | | | | | || operation | | | | | | || of | | | | | | || this | | | | | | || sub-section | | | | | | || pind | shall | not | affect— | | | | | || penal | (a) | the | previous | operation | of, | or || dura | | | | | | || ed | | | | | | || under, | | | | | | || this | | | | | | || act | | | | | | || or | | | | | | || any | | | | | | || rule | | | | | | || made | | | | | | || thereunder | | | | | | || or | | | | | | || any | | | | | | || order | | | | | | || made | | | | | | || tion | | | | | | || under | | | | | | || any | | | | | | || such | | | | | | || rule, | | | | | | || or | | | | | | || | | | | | | | || | | | | | | | || and | | | | | | || savings | | | | | | || (b) | | | | | | || any | | | | | | || right, | | | | | | || privilege, | | | | | | || obligation | | | | | | || or | | | | | | || liability | | | | | | || acquired, | | | | | | || accrued | | | | | | || or | incurred | under | this | act | or | any || order | made | under | any | such | rule, | or || (c) | any | penalty, | forfeiture | or | punishment | incurred || of | any | offence | under | this | act | or || made | under | this | act | or | of | any || (@) | any | investigation, | legal | proceeding | or | remedy || of | any | such | right, | privilege, | obligation, | liability, || or | punishment | as | aforesaid, | | | || and | any such | investigation, | legal | proceeding | or | remedy || ed, | continued | or | enforced | and any | such | penalty, || ment | may | be | imposed | as | if | this || | | | | " | | | | Parliament_bills | 749df59a-2aad-5d5a-894e-a2f4f112690b |
bill no " of lint - - the salary, allowances and pension of members of parliament (amendment) bill, 1979 a billfurther to amend the salary, allowances and pension of members oj parliame,nt act, 19m bil it enacted by parliament in the thirtieth year of the republic of india as follows:-1 this act may be called the salary, allowances and pension of short members of parliament (amendment) act, 1979 title 5 z in the salary, allowances and pension of members of parliament 30 of 1964 act, 1954, after section se, the following section shall be inserted, namely:-insertion of new section 60 "6d a member who is blind or who is, in the ofloion of the chairman of the council of states or, as the case may be, the speaker of special facility to blind and physically incapacitated members 10 the house of the people, so incapadtatecl physically as to require the facility of an attendant shall, with respect to each such journey by air as is referred to in clause (b) of sub-section (1) of section 4 or c\ause (b) of sub-section (1) of section 5 or section 8c which he performs along with an attendant, be entitled (in addition to the ado-is wances which he is entitled under section" or section 5 oj', as the case may be, section 6c) to an amount equal to one fare by air for such journey l' statement of objects and reasons in pursuance of a recommendation of the joint committee on salaries and allowances of members of parliament, it is proposed to amend the salary, allowances and pension of members of parliament act, 1954 in order to allow a blind member the faculty of an attendant while performing journeys by air and also ttl extend the same facility to a memher who is so incapacitated physically as to require the assistance of an attendant ", 2 the bill seeks to give effect to the above objects , ravindra varma new delhi; tm 19th march, 1979 clause 2 of the bill provides for the payment to a blind or physically incapacitated member of parliament an amount equal to one fare by air for each journey performed by him along with an attendant by air in addition to the allowances to which he is otherwise entitled under the act expencuture towaro the payments referred to above cannot be estimated precisely however, the e:lt'penditure may, approximately be fifty thousand rupees per annum there will be no non-recurrini expenditure a billfurther to amend the salary, allowance:s and pension of members of parliament act, 1954 (shri ravindra varm8t minister 01 parliamenta17i affairs and labour) | Parliament_bills | ec0d8ea1-4625-5705-8e6c-ad56da320254 |
the displaced persons (compensation and rehabili- tation) second amendment bill, 1959(as introduced in lok sabha on 15m december, 1959) bill, 1959 (as introduced in lok sabra,5 44 of 1954 10 amendment of section 3 20 a bill further to amend the displaced penons (compensatio-n and rehabilitation) act, 1954 be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the displaced persons (compensation short title and rehabilitation) second amendment act, 1959 amendment z in section 2 of the displaced persons (compensabon and reha- ot section 2 biiitation) act, 1954 (hereinafter referred to as the principal act), in clause (d), after sub-clause (iii), the following sub-clause shall be inserted, namely:-"(iiia) ~my dues payable, whether in one lump sum or in instalments, to a co-operative society, registered as such under any law for the time being in force, by the displaced person on account of loans granted to him by the co-operative society, where such loans have been granted out of funds placed at the disposal of the co-operative society by the central government or a state government and such dues have been declared by the central government, by notification in the official gazette, to be public dues;" 3 in section 3 of the principal act,-(i) in sub-section (1), for the words "a deputy chief settlemeni commissiojl("r and as many sehlement commissioners", the 'words "and as mnny deputy chief settlement commissioners, settlement commissicmers" shall be substituted; (ii) in sub-section (2), for the words, "the deputy chief settlement commissioner and all settlement commissioners", the words "all deputy chief settlement commissioners, settlement commissioners" shall be substituted ~en~ment 4 in section 19 of the principal act, after sub-section (3), the 5 o 8ecbon 19 following sub-sections shall be inserted, namely:-"(4) where a managing officer or a managing corporation is satisfied that any person, whether by way of allotment or lease, is, or has at any time been, in possession of any evacuee property acquired under this act to which he was not entitled, or which 10 was in excess of that to which he was entitled, under the law under which such allotment or lease was made or granted, then, without prejudice to any other action which may be taken against that person, the managing officer or the managing corporation may, having regard to such principles of assessment of rent as is may be specified in this behalf by the central government, by order, assess the rent payable in respect of such property and that person shall be liabje to pay the rent so assessed for the period for which the property remains or has remained in his possession: r provided that no such order shall be made without giving to 20 the person concerned a reasonable opportunity of being heard (5) where any person is, or has at any time been, in unauthorised possession of any evacuee property acquired under this act, the managing officer or the managing corporation may, having regard to such principles of assessment of damages as may 25 be specified in this behalf by the centml government, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order: 30 provided that no such order shall be made without giving to the person concerned a reasonable opportunity of being heard" ~en4ment 5 in section 20 of the principal act, after sub-section (1), the of secbod 20 following sub-section shall be inserted, namely:-"(la) for the purpose of transferring any property out of 3s the compensation pool under sub-section (i), it shall be lawfuj for the managing officer or the managing corporation to transfer the same to a displaced person jointly with any other person or an association of displaced persons or otherwise" s after section 20a of the principal act, the following section inaertion of new section shall be inserted, namely:-2ob s 31 of 19so 64 of i9si 10 "20b (1) where any person is entitled to the restoration of restrictions on restoraany property by virtue of an order made by the custodian- tion of general under section 27 of the administration of evacuee pro- certain perty act, 1950, or by the competent officer under the evacuee property interest separation act, 1951, and the central government is of opinion that it is not expedient or practicable to restore the whole or any part of such property to that person by reason of the property or part thereof being in occupation of a displaced person or otherwise, then, notwithstanding anything contained in the said acts or this act, it shall be lawful for the central government-(a) to transfer to that person in lieu of the property to be restored or any part thereof, any immovable property in 15 the compensation pool or any part thereof, being in the opinion of the central government as nearly as may be of the same value as the property to be restored or, as the case may be, any part thereof, or (b) to pay to that person such amount in cash from the 20 compensation pool in lieu of the property to be restored or part thereof, as the central government having regard to the wlue of the property to be restored or part thereof, may in the circumstances deem fit (2) where in pursuance of sub-section (1) any person has 2s been granted any immovable property from the compensation pool or has been paid any amount in cash from the compensation pool, his right, title and interest in the property to be restored shall be deemed to have been extinguished" 7 in section 21 of the principal act, in sub-section (3), after the amendment 30 words "is barred", the words, brackets and figures "or was, at the ofsection 21 commencement of the displaced persons (compensation and reha-86 of 1956 bilitation) amendment act, 1956, barred" shall be inserted 8 in section 26 of the principal act, after sub-section (1), amendment the following sub-section shall be inserted, namely: -of section 26 35 "(1a) every officer appointed under this act may, for the purpose of making an inquiry under this act and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this act, require any person to submit to him such accounts, books or other documents or to 40 furnish to him such information relating to any evacuee property \lcquired under this act as he may reasonably think necessary" ~ ,t j id section 31 of the principal act, after subllection (4), the of iiicdoa 31• following sub-section shall be inserted, namely:-"(5) if at any time the central government is of opinion that the continued existence of the board is unnecessary, it may, by notification in the official gazette, declare that the board shall 5 be dissolved with effect from such date as may be specified in the notification and the board shall be deemed to be dissolved accordingly" :r=e~~ 14 in section 34 of the principal act, in subpsection (2), for the words "the deputy chief settlement commissioner", the words "a 10 deputy chief settlement commissioner" shall be substituted amendment of kctiod 40 11 in section 40 of the principal act,-(a) in sub-section (2),-(i) after clause (h), the following clause shall be inserted, namely:-is "(hh) the manner in which any dispute as to who are the successors-in-interest of any deceased claimant to a rehabilitation grant or other grant, and as to the apportionment of such grant among persons entitled thereto, may be determined"; 20 (ii) after clause (n), the following clause shall be inserted, namely:-"(nn) the fees payable in respect of appeals, revisions or other applications made under this actj" j (b) for sub-section (3), the following sub-section shall be 25 substituted, namely:-"(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 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 3s 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" 12 (1) any fees in respect of appeals, revisions or other appli- validation of cations which, before the commencement of this act, have been ~~:n wed levied under the displaced persons (compensation and rehabilitation) act, 1954, shall be deemed to have been validly levied, as if s this act and the amendments made thereby were in force when such fees had been levied (2) no order made, no action taken and nothing done before the commencement of this act by any person exercising the powers of a deputy chief settlement commissioner shall be invalid or shall be 10 deemed ever to have been invalid merely by reason of any defect in, or invalidity of, the appointment of such person and such appointment shall be deemed to have been validly made, as if this ad and the amendments made thereby were in force on the date of such appointment certain difficulties are being experienced in the administration of the displaced persons (compensation and rehabilitation) act, 1954, and they are hindering the smooth working of the compensation scheme and its early completion it is proposed to amend the act suitably to remove these difficulties 2 a large amount of money has been advanced by the central government and state governments to displaced persons through co-operative societies it is considered necessary that these loans should be treated as public dues within the meaning of section 2 (d) of the act so that they may be adjusted against the compensation payable to such persons it is proposed to amend the defiuition of "public dues" suitably for the purpose there have been cases where displaced persons have obtained allotment of excess land by fraudulent means, mis-representation or otherwise it is but proper that these displaced persons should pay rent at an enhanced rate for such excess land, but there is no provision in the existing act for the recovery of such rent there is also no specific provision for the recovery of damages from unauthorised occupants of evacuee property acquired under the act it is proposed to amend section 19 for these purposes 3 instances have come to notice where some properties were wrongly declared to be evacuee property and they were also acquired in such cases, the custodian-general is empowered under section 27 of the administration of evacuee property act, 1950, to restore such property to the non-evacuee owner similarly, a competent officer has also power under the ev'lcuee interest separation act, 1951, to declare a share in a property to be non-evacuee after the whole of it has been declared to be evacuee property and has been acquired it is not sometimes possible to restore the original property to the non-evacuee owner because of its transfer to a displaced person to overcome this difficulty, it is proposed to insert a new section 20b on the lines of section 20a there is no provision in the existing act for the dissolution of the advisory board which has been constituted under section 31 it is considered necessary to empower the central government to dissolve the board when it considers that the continuance of the board is no longer necessary section 31 is proposed to be amended accordingly 4 the present bill also seeks to make some other minor amendments for the removal of certain doubts and difficulties which have arisen in the working of the act mehr chand khanna new delhi; the 9th december, 1959 financial memorandumclause 3 of the bill provides for appointment of more than one deputy chief settlement commissioner in section 3 of the existing act, reference has been made to a deputy chief settlement commissioner in actual practice, three deputy chief settlement commissioners have had to be appointed to cope with the work the extra expenditure which the government had incurred up to the 30th november, 1959 on two additional posts of deputy chief settlement commissioners came to approximately rs 75,000 the recurring expenditure on these two posts would be approximately rs 30,000 per annum memorandum regarding delegated legislationunder clause 4 of the bill which seeks to amend section 19 of the act, the central government has been empowered to specify the principles of assessment of rent and damages which will be taken into consideration by the managing officer or the managing corporation for such assessment clause 11 of the bill seeks to amend section 40 of the act in order to enable the central government to make rules for the levy of fees in respect of appeals, revisions and other applications these are matters of detail and the delegation of legislative power is thus of a normal character bilitation) aa:r, 1954 (no 44 of 1954) chapter ii payment of compensation and rehabilitation grants to displaced persons~po~tmcdt 3 (1) the central government may, by notification in the set~~~!nt official gazette, appoint a chief settlement commissioner, a joint 9>mmis-chief settlement commissioner, a deputy chief settlement com-11000r, etc missioner and as many settlement commissioners, additional settlement commissioners, assistant settlement commissioners, settlement officers, assistant settlement officers and managing officers as may be necessary for the purpose of performing the functions assigned to them by or under this act and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this act (2) subject to the provisions of this act, the joint chief settlement commissioner, the deputy chief settlement commissioner and all settlement commissioners, additional settlement commissioners, assistant settlement commissioners, settlement officers, assistant settlement officers and managing officer shall perform the functions assigned to them by or under this act under the general superintendence and control of the chief settlement commissioner - - - 21 - - - recovery of cenainluml aueano! land reve-due (3) for the purposes of this section, a sum shall be deemed to be payable to the custodian, notwithstanding that its recovery is barred by the indian limitation act, 1908, or any other law for the 9 of 1908 time being in force, relating to limitation of actions delegation of powers 34 - - - (2) subject to the provisions of this act and of the rules and orders made thereunder, the chief settlement commissioner may, by general or special order, delegate all or any of his powers under this act to the joint chief settlement commissioner, the deputy chief settlement commissioner, a settlement commissioner, an additional settlement commissioner or an assistant settlement commissioner, subject to such conditions, if any, as may be specified in the order - - - power to makerulea 40 - - - (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:-- - - (3) all rules made under this section shall be laid for not less than thirty days before both houses of parliament, as soon as possible after they are made, and shall be subject to such modifications as parliament may make during the said period of thirty days - - a bill further to amend the displaced persons (compensation and rehabilitation) act, 1954 the president has, in pursuance i)f clauses (i) and (3) of article 117 of the con~titution of india, recommended to lok sabha the introduction and consideratimi ofthc bill m n kaul, secretary (shri mehr chand khanna, minister of rehabilitation and minority affairs) | Parliament_bills | d6943cb8-b0a2-57d6-96f0-73bccc9cf6e0 |
bill no liv-c of 2005 the drugs and cosmetics (amendment) bill, 2008(as passed by the rajya sabha) a billfurther to amend the drugs and cosmetics act, 1940be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the drugs and cosmetics (amendment) act, 2008short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be constructed as a reference to the commencement of that provision23 of 19402 after section 17d of the drugs and cosmetics act, 1940 (herdeinafter referred to as the principal act), the following section shall be inserted, namely,—insertion of new section 17e adulterated cosmetics"17e for the purposes of this chapter, a costmetic shall be deemed to be adulterated,—(a) if it consists in whole or in part, of any filthy, putrid or decomposed substance; or(b) if it has been prepared, packed or stored under instanitary conditions whereby it may have been contaiminated with filth or whereby it may have been rendered injurious to health; or(c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or(d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or(e) if it contains any harmful or toxic substance which may render it injurious to health; or(f) if any substance has been mixed therewith so as to reduce its quality or strength"amendment of section 183 in section 18 of the principal act, in cluase (a) , for sub-clause (ii), the following subclause shall be substituted, namely,—"(ii) any cosmetic which is not a standard quality, or is misbranded, adulterated or spurious;" 4 in section 26a of the principal act, for the word "prohibit", the words "regulate, restrict or prohibit" shall be substituted5 after section 26a of the principal act, the following section shall be inserted, namely,—amendment of section 26a insertion of new section 26b"26b without prejudice to any other provision contained in this chapter, if the central government is satisfied that a drug is essential to meet the requirements of an emergency arising due to epidemic or natural calamities and that in the public interest, it is necessary or expedient so to do, then, that government may, be notification in the official gazette, regulate or restrict the manufacture, sale or distribution of such drug"power of central government to regulate or restrict, manufacture, etc of drug in public interest6 in section 27 of the principal act,—amendment of section 27(a) for the figures, alphabet and the letter "17b or which" the figures, alphabet and the letter "17b and which"(i) in clause (a),—(b) for the words "punishable with imprisonment for a term which shall not less than five years but which may extend to a term of life and with fine which shall not be less than ten thousand rupees;", the words "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 which shall not be less than ten lakh rupees or three times value of the drugs confiscated, which-ever is more:" shall be substituted;(c) the following provisos shall be inserted, namely:—"provided that the fine imposed on and released from the person convicted under this clause shall be paid, by way of compensation, to the person who had used the adulterated or spurious drugs referred to in this clause:provided further that where the use of the adulterated or spurious drugs referred to in this clause has caused the death of a person who used such drugs, the fine imposed on and realised from the person convicted under this clause, shall be paid to the relative of the person who had died due to the use of the adulterated or spurious drugs referred to in this clauseexplanation—for the purposes of the second proviso, the expression"relative" means—(i) spouse of the deceased person; or (ii) a minor legitimate son, and unmarried legitimate daughter and a widowed mother; or(iii) parent of the minor victim; or (iv) if wholly dependent on the earnings of the deceased person at the time of his death, a son or a daughter who has attained the age of eighteen years; or(v) any person, if wholly or in part, dependent on the earnings of the deceased person at the time of his death,—(a) the parent; or (b) a minor brother or an unmarried sister; or (c) a widowed daughter-in-law; or (d) a widowed sister; or (e) a minor child of a pre-deceased son; or (f) a minor child of a pre-deceased daughter where no parent of the child is alive; or(g) the paternal grandparent if no parent of the member is alive;";(ii) in clause (b),—(a) for the words "not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees", the words "not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees or three times the value of the drugs confiscated, whichever is more" shall be substituted;(b) in the proviso, for the words "less than one year and of fine of less than five thousand rupees", the words "less than three years and of fine of less than one lakh rupees" shall be substituted; (iii) in clause (c),—(a) for the words "not be less than three years but which may extend to five years and with fine which shall not less than five thousand rupees", the words "not less than seven years but which may extend to imprisonment for life and with fine which shall not be three lakh rupees or three times the value of the drugs confiscated, whichever is more" shall be submitted;(b) in the proviso, for the words "less than three years but not less than one year", the words "less than seven years but not less than three years and of fine of less than one lakh rupees" shall be submitted; (iv) in clause (d), for the words "and with fine", the words "and with fine which shall not be less than twenty thousand rupees" shall be submitted7 in section 27a of the principal act, for clauses (i) and (ii), the following clauses shall be substituted, namely,—amendment of section 27a(i) any cosmetic deemed to be spurious under section 17d or adulterated under section 17e shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than fifty thousand rupees or three times the value of the cosmetics confiscated, whichever is more(ii) any cosmetic other than a cosmetic referred to in clause (i) in contravention of any provisions of this chapter or any rule made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees, or with both"amendment of section 288 in section 28 of the principal act, for the words "with fine which may extend to one thousand rupees or with both", the words "with fine which shall not be less than twenty thousand rupees or with both" shall be substitutedamendment of section 28a9 in section 28a of the principal act, for the words "with fine which may extend to one thousand rupees or with both", the words "with fine which shall not be less than twenty thousand rupees or with both" shall be substitutedamendment of section 2910 in section 29 of the principal act, for the words, "five hundred rupees", the words"five thousand rupees" shall be substituted"11 in section 30 of the principal act,—amendment of section 30(a) in sub-section (1),—(i) in clause (a),—(a) for the words "not be less than two years but which may extend to six years and with fine which shall not be less than ten thousand rupees", the words "not be less than seven years but which may extend to ten years and with fine-which shall not be less than two lakh rupees" shall be substituted;(b) in the proviso, for the words "less than two years and of fine of less than ten thousand rupees", the words "less than seven years and of fine of less than one lakh rupees" shall be substituted (ii) in clause (b), for the words "shall not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand rupees", the words "shall not be less than ten years but which may extend to imprisonment for life and with fine which shall not be less than three lakh rupees" shall be substituted;(iii) in clause (c), for the words "five thousand rupees", the words "fifty thousand rupees" shall be substituted (b) in sub-section (2), for the words "ten years, or with fine, or with both", the words "two years, or with fine which shall not be less than ten thousand rupees or with both" shall be substitutedamendment of section 3212 in section 32 of the principal act, for sub-sections (1) and (2), the following subsections shall be substituted, namely:—''(1) no prosecution under this chapter shall be instituted except by—(a) an inspector; or (b) any gazetted officer of the central government or a state government authorised in writing in this behalf by the central government or a state government by a general or special order made in this behalf by that government; or(c) the person aggrieved; or(d) a recognised consumer association whether such person is a member of that association or not (2) save as otherwise provided in this act, no court inferior to that of a court of session shall try an offence punishable under this chapter''13 after section 32a of the principal act, the following section shall be inserted, namely:—insertion of new section 32b compounding of certain offences2 of 1974"32b (1) notwithstanding anything contained in the code of criminal procedure,1973, any offence punishable under clause (b) of sub-section (1) of section 13, section28 and section 28a of this act (whether committed by a company or any officer thereof), not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or after the institution of any prosecution, be compounded by the central government or by any state government or any officer authorised in this behalf by the central government or a state government, on payment for credit to that government of such sum as that government may, by rules made in this behalf, specify:provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this act for the offence so compounded:provided further that in cases of subsequent offences, the same shall not be compoundable (2) when the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the court to which he is committed or as the case may be, before which the appeal is to be heard(3) where an offence is 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 compounded and the offender, if in custody, shall be released forthwith"14 in section 33 of the principal act, in sub-section (2),—amendment of section 33(i) after clause (dd), the following clause shall be inserted, namely,—"(dda) prescribe under clause (d) of section 17e the colour or colours which a cosmetic may bear or contain for the purposes of colouring;''; (ii) in clause (p), the word "and" occurring at the end shall be omitted; (iii) in clause (q), the word "and'' shall be inserted at the end;(iv) after clause (q), the following clause shall be inserted, namely,—"(r) sum which may be specified by the central government under section32b"15 in section 33-i of the principal act,—amendment of section 33-i(a) in sub-section (1),—(i) for clause (a), the following clause shall be substituted, namely:—"(a) any ayurvedic, siddha or unani drug—(i) deemed to be misbranded under section 33e, (ii) deemed to be adulterated under section 33ee, or (iii) without a valid licence or in violation of any of the conditions thereof, as required under section 33 eec, or shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more;"; (ii) in clause (b), for the words "five thousand rupees", occurring at both the places, the words "fifty thousand rupees or three times the value of the drugs confiscated, whichever is more" shall be substituted;(iii) after clause (b), the following clause shall be inserted, namely:—"(c) any ayurvedic, siddha or unani drug in contravention of the provisions of any notification issued under section 33eed shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees or three times the value of the drugs confiscated, whichever is more";(b) in sub-section (2) for the words "three months and with fine which shall not be less than five hundred rupees", the words "six months and with fine which shall not be less than ten thousand rupees" shall be substituted16 in section 33j of the principal act,—amenment of section 33j(a) in clause (a), for the words "two thousand rupees", the words "fifty thousand rupees or three times the value of the drugs confiscated, whichever is more" shall be substituted;(b) in clause (b), for the words "five thousand rupees" occurring at both the places, the words "one lakh rupees or three times the value of the drugs confiscated, whichever is more" shall be substituted;(c) in clause (c), for the words "six months and with fine which shall not be less than one thousand rupees", the words "one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more" shall be substituted 17 after section 33k of the principal act, the following sections shall be inserted, namely,—insertion of new sections 33ka and 33kb disclosure of name of manufacturer, etc"33ka every person, not being the manufacturer of any ayurvedic, siddha or unani drug or his agent for the distribution thereof, shall if so required, disclose to the inspector the name, address and other particulars of the person from whom he acquired the ayurvedic, siddha or unani drugmaintenance of records and furnishing of information33kb every person, holding a licence under clause (c) of section 33eec shall keep and maintain such records, registers and other documents as many be prescribed and shall furnish to any officer or authority exercising any power or discharging any function under this act such information as is required by such officer or authority for carrying out the purposes of this act" 18 in section 33n of the principal act, in sub-section (2),—amendment of section 33n''(i) in clause (gga), the word "and" occurring at the end shall be comitted; (ii) after clause (gga), the following clause shall be inserted, namely,—(ggb) prescribe the records, registers or other documents to be kept and maintained under section 33kb; and''amendment of section 36a19 in section 36a of the principal act, for the words "all offences under this act", the words, brackets, figures and letters "all offences (except the offences triable by the special court under section 36ab or court of session) under this act" shall be substituted20 after section 36a of the principal act, the following sections shall be inserted, namely:—insertion of new sections 36ab, 36ac, 36ad and 36ae special courts"36ab (l) the central government, or the state government, in consultation with the chief justice of the high court, shall, for trial of offences relating to adulterated drugs or spurious drugs and punishable under clauses (a) and (b) of section 13, subsection (3) of section 22, clauses (a) and (c) of section 27, section 28, section 28a, section 28b and clause (b) of sub-section (i) of section 30 and other offences relating to adulterated drugs or spurious drugs, by notification, designate one or more courts of session as a special court or special courts for such area or areas or for such case or class or group of cases as may be specified in the notificationexplanation—in this sub-section, "high court" means the high court of the state in which a court of session designated as special court was functioning immediately before such designation2 of 1974(2) while trying an offence under this act, a special court shall also try an offence, other than an offence referred to in sub-section (1), with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial36ac (i) notwithstanding anything contained in the code of criminal procedure,1973,—offences to be cognaizable and nonbailable in certain cases(a) every offence, relating to adulterated or spurious drug and punishable under clauses (a) and (c) of sub-section (1) of section 13, clause (a) of subsection (2) of section 13, sub-section (3) of section 22, clause (a) and (c) of section 27, section 28, section 28a, section 28b and sub-sections (1) and (2) of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be cognizable(b) no person accused, of an offence punishable under clauses (a) and (c)of sub-section (1) of section 13, clause (a) of sub-section (2) of section 13, subsection (3) of section 22, clauses (a) and (c) of section 27, section 28, section28a, section 28b and sub-sections (1) and (2) of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be released on bail or on his own bond unless—(i) the public prosecutor has been given an opportunity to opposethe application for such release; and(ii) where the public prosecutor opposes the application, the courtis satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail:provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, may be released on bail, if the special court so directs2 of 1974(2) the limitation on granting of bail specified in clause (b) of sub-section (1) isin addition to the limitations under the code of criminal procedure, 1973 or any other law for the time being in force on granting of bail2 of 1974(3) nothing contained in this section shall be deemed to affect the special powersof the high court regarding bail under section 439 of the code of criminal procedure, 1973 and the high court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "magistrate" in that section includes also a reference to a "special court" designated under section 36ab2 of 197436ad (1) save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973 (including the provisions as to bails or bonds), shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting the prosecution before the special court, shall be deemed to be a public prosecutor:application of code of criminal procedure, 1973 to proceedings before special courtprovided that the central government or the state government may also appoint, for any case or class or group of cases, a special public prosecutor(2) a person shall not be qualified to be appointed as a public prosecutor or a special public prosecutor under this section unless he has been in practice as an advocate for not less than seven years, under the union or a state, requiring special knowledge of law2 of 1974(3) every person appointed as a public prosecutor or a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause (a) of section 2 of the code of criminal procedure, 1973 and the provisions of that code shall have effect accordinglyappeal and revision2 of 197436ae the high court may exercise, so far as may be applicable, all the powers conferred by chapter xxix or chapter xxx of the code of criminal procedure, 1973, on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court' rajya sabha———— a billfurther to amend the drugs and cosmetics act, 1940————(as passed by the rajya sabha)gmgipmrnd—3509rs(s5)—21102008 | Parliament_bills | ba6b5eeb-f454-53b9-b37f-2d6751cbedb6 |
bill no 77 of 2007 the constitution (amendment) bill, 2007 byshri l rajagopal, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2007 2 after article 21a of the constitution, the following article shall be inserted,—insertion of new article 21b right to shelter 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 reasons 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, shed of the bus stands, under flyovers and bridges, as they cannot afford houses of their own crores of people are living in jhuggi and jhonpris, 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 is to seek the above objectivenew delhi;l rajagopaljuly 30, 2007 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)mgipmrnd—4136ls(s5)—30-10-2007 | Parliament_bills | dde2d9f7-fb62-5021-ac49-11e8a7fad319 |
arrangement of clauses chapter i preliminary clausfb1 short title, extent and commencement 2 definitions chapter ii authoriti&<; under the act3 labour commissioners 4 conciliation offtcers 5 registrar of trade unions 6 powers of superviskn of the chief labour commissioner and state labour commissioner 7 atbitrator 8 courts of inquiry ' 9 labour courts 10 industrial tribunals 11 national industrial relations commissions 12 filling of vacancies 13 terms and conditions of service of preswing ofrcers of labour court, etc 14 finality of orders appointing pres~4ingqfticers of lfbour courts tribunals and national commissions and chairman and members of courts of inquiry 15 labour court, etc, to be deemed to be a civil court 16 conciliation oftlcers, etc to be deemed to be publtc 9m'vants ohapter iii trade untons17 definition of "employee" ann "empoyler" for the purpnse"f! 0' this chapter ] 8 formation of trade unions 19 applic8tion for registi"ation 20 prohibition of registration of craft or category-wise trade union 21 power 1'0 call for further particulars and to require ajtertion of name 22 constitution of executive and provij;ions to be containeod, in th~ rules of a trade union, clauses23 registration of trade union , ' 2'~ certificate qf registration '25 he~ 'r';iis"triuonof trade unions registered under act 16 of 19:1('i 26 cancellation of registration 27 appeal against non-registration and cancellation of registration 28 re-registration of a trade union 29 registered office 30 membership fee and its mode of collection 31 incorporation of registered trade unions 32 certain acts not to apply to registered trade unions 33 di'squalifications for being office-bearer of trade unions 34 proportion of office-bearers to be connected with the industry 35 declaration of assets by office-bearers 36 change of name 37 amalgamation of trade unions 38 notice of change of name or amalgamation 39 effects of change of name and amalgamation 40 dissolution 41 returns 42 speclal provisions in regard to trade union of employers 43 adjudicauon of trade union disputes 44 objects on which general funds may be spent 45 constitution of a separate fund for political purposes 46 right to inspect books of trade unions 47 trade union of employers may enter into settlement with ne!!otiating agent 48 enforceability of agreements 49 immunity from civil suit in certain cases 50 discrimination against members of registered trade union of em ployees prohibited - 51 office-bearers or members of registered trade unions not liable for criminal conspiracy in certain cases chapter iv neg(yj'iating acen't52 sole and chief negotiating agents associate union and local ,!nion 53 qualifications for takin, part in the determinatio~ of support ot a trade union of employees or for voting in electiqn to choose negotiating committee clauses 54 application for certification of registered trade union is 'mjo-tiattng agent 55 parttculars which an application for certiflcation as negotiating agent or local union shall contain 56 bar against application by registered trade union of employees for certification as negotiating agent, associate union or local union in certain cases 57 reference of application to tribunal for certification of negotiating agent or loeal union 58 manner of detennining support for registered trade union of employees for certifying negotiating agent, associate union or local union 59 procedure for enquiry by tribunal 60 ce~ification of registered trade union of employees as negotiating agent, associate union or local union 61 negotiating committee 62 entering particulars of certification in register and communication of certification of negotiating agent, associate union or local union 63 copies of certificate to be forwarded to employers concerned 64 term for which certification of negotiating agent shall be valid and cancellation of certification 65 entry in register of cancellation of certification 66 employer bound to recognise negotiating agent, associate union and local union 67 rights of negotiating agent 68 rights of associate unions 69 rights of local union 70 rights of other registered trade unions of employees 71 protection of conditions of service of office-bearers of registered trade union of employees certified as negotiating agent, associate union or local union and chairman and members of negotiating committee chapter v standing orders72 application of chapter 73 making of standing orders 74 interpretation, etc, of standing orders 75 time limit for completion of di&eiplinary proceedi'ngs and liability to pay subsistence allowance 76 laying of standin'g order before the houses of parliament chapter vi procedure for change in terms of employment and condmons of labourand regulation of conditions of employml!:nt by go'vl!:immi:nt 77 notice of change of terms of employment and conditions of labour cim178 terms of employment, elc, to remain uiloalulpci wader certaid circumataaces 79 regulation of conditions of employment by government chapter vn lay-of)', rli:tunc:hment and coosuu88 diidi- of cciiltiduoui vice 81 rights of employee laid-off tor compedation and duty of employer ,to maintain muster rolls of employees notwithstand· inc lay-01f 82 prohibition of lay~1f in certain circumstancea 83 conditions precedent for re~ncbmeni of employees 84 procedure for retrenohment - 85 reemployment -of retrenched 'employee 86 computation of the lay-off and retrenchment compensation 87 compensation to employees in case of transfer of industrial estalillshment or undertaking 88 conditions precedent to closure ot any industrial establishment or undertaking 89 special provision as to restarting of industrial establishment or undertaking closed down before commencement of the act chapter viii strikes and lock-outs90 prohibition of strikes and lock-outs 91 power to prohibit continuance of strike or lock-out 92 illegal strikes and lock-outs 93 consequences of' illegal strike or loet-out 94 strike or locsout 'not to terminate -relationship between employer and employee 95 prohibition of ftnattcial aid to illegal strikes and lock-outs· chapter ix96 parties to an industr;al dispute-interpretation of the expression in certain cases 97 bipartite negotiations 98 codciliation of dilpute 99 conciliation officer may assist in bipartite negotiations 100 arbitration of disputes 101 ref~rence of industrial dispute for adjudication when agreed to by parties ' r, 102 beierence of aay matter to a court of·inquiry for investigation 103 procedure for settlement of individual disputes 104 reference of industrial dispute for adjudication clauses105 applicability of proviaioni to industrial disputes raised by local unions 106 settlement ot industrial dispute between employees and employees and employers and employers chaprer x unnd pucricb107 prohibition of unfair practice 108 procedure on complaints relating to unfair practices 109 persons on whom the order under sub-sections (6) and (8) of section 108 shall be binding chapter xl procedure, i'owii:bs and duribs of authorltll'b110 adjudicating author~ties to determine their procedure subject to the provisions of the act and the rules 111 power to summon witnesses, to inspect premises, etc 112 power of labour court, etc, to proceed in absence of parties to dispute 113 appointment of assessors to assist court of inquiry, etc 114 power to grant interim reliefs 115 power to transfer proceedings 116 power of labour court to give proper relief in case or discharge or dismissal of employees 117 form of report of court of inquiry and its publication 118 pronouncement of award by arbitrator, labour court, etc 119 time limit for submission of report,making of award, etc 120 date on which award becomes enforceable 121 persons on whom awards are binding 122 period of operation of award 123 review of award by labour court, tribunal or national commission and correction of mistakes 124 award of costs 125 execution of settlement or· award by labour court, etc 128 procedure for recovery of ii10ney due under aettlemeat or award, etc 127 employ~e entitled to wages, etc, though award for reinstatement is not cgmpolied with 128 commencement and conelusion of proeeedlngs, etc 129 no demand in regard to same matter to be raised so long as settlement or award is in foree chapter xii pj!:nal'lds clauses130 penalty for failure to submit statement, making false statement, etc 131 supplying false information regarding trade union 132 penalty for failure to recognise negotiating agentt, etc 133 penalty lor disclosure of confiden1ial information 134 penalties for breach of standing orders 13r penalty for lay-otf, retrenchment, etc, in contravention of provisions of the act 136 penalty for closure of industrial establishment or undertaking in contravention of provisions of section 88 137 penalty for illegal strikes and lock-outs 138 penalty for instigation, etc, 139 penalty for giving financial aid to illegal strike or lock-out 140 penalty for breach of settlement or award, etc 141 penalty for committing unfair practice 142 penalty for wrongful withholding of information 143 penalty for removal, etc, of notice affixed or displayed in pursuance of this act 144 penalty for other oft'ences 145 cognizance of offences and courts which may take cognizance of offence chapter xiii exu4nions and modlflcatlons146 act not to apply to certain industries 147 exemption from certain prcvisjons 148 power of government to exempt 149 modification of provisions of chapters iv, ix and xii in their application to certain industrial establishments or undertakings chapter xlv miscellaneous150 offence by trade union, company, etc 151 power to remove difficulties in the interpretation of settlement or award 152 certain matters to be kept confidential 153 publication, affixation and defacement of notice 154 power to re=lujre production of books, etc 155 protection of action taken under the act and protection of persons clauses156 representation of parties 157 power to amend schedules 153 delegation of powers 159 power to make rules 160 laying of rules bef~e state legislature and houses of parliament 161 repeal and saving 162 provision regarding pending proceedings for adjudication of in dustri!l] disputes to which this act does not apply 163 transitional provirion 164 repeal of state laws and savings 165 overriding effect of the act 166 power to remove difficulties 167 amendment of act 11 of 1976 the first schedule-essen'l'ial smtvices the second schedule-ma'ri'ers within the jurisdiction of labour courts the third schedule-·mattfrs wrnnn the jurisdiction of' industrial tribunals the fourth schedule-unfalft practices " , a biilli to c:omolidate a7)d,amend the law ~lating to therffg~tration of trade unions of e~es a7ld emplquerb,~he tights and liabilities of registered trade unions and settlement of trade union disputes, the cwditiont of empw,rnent c1/ emplo1lees, and, the, ,iflovestigationand li8~'inc1at,of 4tes between employees emplqyl1,d itt industrial , tbub~nts or undertqkings an4 their e"t-pjo1/erb and for matters connected therewith or inctdental thereto,' with a view to promoting iwalthy industrial relations leading to accelerated economic develop-tiiiert~ """ aocigl jjujtice be it enacted by parliament in the'twenty-ninth year of the republic of india as follows:-ii i ~,i pu'limlnarys ii: (1) 1'i'bis att may be called the: industrial relatioiu; act, 1978 (2) it extends to ~he whole of inqia ,; ,41) ,it shall come into force on such date as the central government may, by notification, appoint am different dates may be appointed for short title, extent and com mence_ jnent dlfterent provisions of this act and for different states and any referene~ in any such provision to the commencement of this act shall, in relation to any state, means the date on whicr that provision comes into force in such state: provided that where any provision of this act has not been brought 5 into force in any state before the expiry of a period of three years from the date on which this act receives th,! assent of the president, such provision shall come into force in such state on the date on which the aforesaid period of three years expires z in this act, unless the context otherwise requires,-10 deftnitiona (1) "appropriate government" means,-(i) in relation to, or in relauon to any industrial dispute concerning,-(a) any establishment wherein any industry is carried on by or under the authority of the central government or is a railway administration or any undertaking of such establishment; (b) any establishment wherein is carried on, such controlled industry as may be specified in this behalf by the central government, by notification, or any undertaking of 20 such establishment; (c) any banking company, insurance company or other financial institutdon (not being a financial instltution carrying on the business of conducting chit funds only), having branches or oftices in more than one state; 2s (d) any body corporate operating any social security echeme or service in more than one state; (e) any corporation which is owned by, or is udder the control of, the central government add which carries on the business of purchase, procurement, storage, supply or matri- 30 button of food grains; (j) any mine or oilfield, ir eluding bily pipelide for carrying oil or other mineral; ~ (g) any establishment of, or wherein is carried on, the business of carriage of passengers or goods by air 01' any 3s undertaking of such establisbment; "l ~ (h) any, major port as deftded in the indian ports act, 1908 or the board of trustees of such port constituted under 15 of 1908 section 3 of the major port trusts act, 1963, any dock, or any 38 of 1963 dock labour board established under section 5a of the dock 40 workers (regulation of employment) act, 18m; 8 of una 15 of 1948 34 of 1948 s 46 of 1948 19 of 1952 io 27 of 19'53 31 of 1956 is 47 of' 1961 10'of 1963 52 of 1963 20 37 of 1964 43 of 1971 2s 57 of 1972 31 of 1976 30 (i) the industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948, the employees' state insur~ corporation established under section 3 of the employees' state insurance act, 1948, the board of trustees constituted under section sa of the coal mines provident fund and miscellaneous provisions act, 1948, the central board of trustees and the state board of trustees constituted under section sa and section !;b, respectively, of the employees provident funds and miscellaneous provisions act, 1952, the "indian airlines" and "air-india international" corpprations established under section 3 of the air corporations act, 1953, the life insurance corporation cjf india established under section 3 of the life insurance corporation act, 1956, the deposit insurance corporation established under section 3 of the deposit insurance corporation act 1961, the agricultural refinance corporation established under section 3 of the agricultural refinance corporation act, 1963, the unit trust of india established under section 3 of the unit trust of india act, 1963, the food corporation of india established under section 6, or a board of management established for two or more contiguous states under section 16, of the food corporations act, 1964, the international airports authority of india constituted under section 3 of the international airports authority act, 1971, the general insurance corporation of india formed under section 9 of the general insurance business (nationalisation) act, 1972, a regional rural bank established under section 3 of the regional rural banks act, 1976, the export credit and guarantee corporation limited and the industrial reconstruction corporation of india limited; or 2 of 1924 u> a cantonment board constituted under section 10 of the cantonments act, 19m, the central government; and (ii) in relation to, or in relation to any industrial dispute 3s concerning, any other industrial establishment or unaertaking, the state government: provided that wh ere there is any dispute or doubt as to whether the cen11ral government or the state government is the appropriate government in relation to, or in relation to any indus-40 trial dispute concerning, any industrial establishment or undertaking, the central government, eith~r on a reference made to it by the parties to the dispute or by the state government concerned or on its own motion, may if it is of the opinion that the dispute or doubt-4s (i) relates to an industrial establishment wherein one or more of the industries referred to in sub-clauses (i) ca) to (ii) (g) (botl) inclusive) and any other industry or industries are carried on; or (ii) fs whether any industry carried on in any establisbment is' catri~ti' on by, or under the authority of, the central govern~ent; ~ after jiving ~ parti~ concerned a l'eabonable opportunity - i of being heard, declare, by notification, whether the central s government or ~ state government is the appropriate govern-i,' ment in relation to, or in relation to any indus~l dispute con-~eming,:that industrilil establishment or, ~y, undertaking of that industrial establishment and such ~clarauon shall be final; ,i" (2) 'ia~~itrator~' means an arbitrator or bo~y of arbitrators 10 ehose~ by the p~rties to a dispute under sub-sectidn (1) of section ,f,?a"8j?p?il1~d'!~yith~c,en~~al g?;~e~ent \1ll,der sub~ection (2) of tlj1it sectioq and includes the umpll'e of a body of arbttratnrs; , ' ~ : ""';:1 (3) ':8noci~te union" ~eans a registered trade union of emplor certified as an associate union under sub-section (2) of section is , ""(4) i'average pay" means the average of the wages (including p~~~ fate earlrlngs) payable to an employee--, (a) ,in~~ case ,of a monthly ~aid employee ~d piece rated emplbyee, tit the three cotnplete calendar months; 20 (b) itt th~ ~ by a vi'eeldy phd empm~, in the four complete weeks; (c) rin the case of a dan;"' paid employee, iii the twelve full' working days, pr~'n~ the date with reference to which the average, pay becomes 25 ptbyable if the employee had wotked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such average cannot be calculated as aforesaid, the average of the wages payable to the employee during th~ , pleriod' he actllauy worked; 30 , (5) "award" means an interim or ftnlll deterinfnatton of a'y individual dispute industrial dispute or trade union dispute or any ,q\l~tion rela~1ng thereto by any arbitrator, labour court, tribunal or na~ional commtssion; 10 of 1941 2 f1f 1934 23 of 1955 38 of 1959 18 of 1964 5 of 1970 (6) "bank,in~ company" means a banking company as defined in " section 5 of the banking regulation act, 194'9, and include8 the ~~rve bank of lrujia constit~~d under sect19n 3 of ~h~ reserve ,~k of india act" 1934, the state bank of lndta constituted under section 3 of the state bank of india act, 1955) ij,ny subsldi~ bank as defined in clause (k) of section 2 of the state 13ank of india (subsi- 40 ~~ banks) act, 1959, the iqdustrial development bank of india establlahed under section 3 of the industrial development bank of in~a ~ct, 1964 and a coltesponding new bank oonstituted under section 3 of the banldng companies (acquisition and transfer of undertakings) act, 1970; 4s ('1) "closur~" metms' the pe'l'manflnt (!tosing' c:tbwft of ~;tace bf ernploymeft t or 'pan thereof: ' " " 1 'i' '' (8) "controlled industry" means any industry the control of w\lkll by tha:union is declaredby ~31igentralac~ ~ be "tuent in the public interest; i '!"" 5 , ; i(p~ ,~~~~pl~yeei" excep,t (6;' tlie putpo~ o,nbii~pt~im:,meanl ,any person, (including an apprentfce) employed in y ~, ; fof hire o~ r~ward, to do any manjjs1; unsldi1edl, skfllecf, ~1ituca1, 10 oper~iio~~i, clerical or supervis<?ry' work or w~~ ,'is, '~~~~y,~ to do any work relating to promotlon of sales or any woi'~i e~ting to any profession or any kind of entertain'ment or recreation, whether the terms of employment be express or implied, and is ~r the· purpose of atly praceeding' _der tn, mai'iil ti'-tion to an individual dispute or industrial dispute (and for no other pur- pose), includesady such pe11i&n who haa been di8lntssed, dischareea or retrenebed in connectiod with or a8 a eonmcljlence of that dispute, or whose dismiasal" dischar&e or fetleae1:aent hu led to that dispute, but doee ,not iml-wie any 8uell· jii!i'ifoii--(a) who js subject to the air force act, 1950 ar tlie army i(ci, 1~ or ~e;navf a~' 19&'1: 01'1 ' i ~ " '' ; 45 of 1950 46 of 1950 20 62 of 1957 (b) who is employed in the police service or is an oftlcer or other' employee or' a prison, or is an officer or m~ber o~, the railway protection force constituted tinder seetfo!i 30t the railway protection force act, 1957, or the border security force 'ebnstituted under section 4 'of tlie' border seeurl~ ~ act, 23 of 1957 25 47 of 1968 < ' 1968, or the central industrial seturttt "01'1!11 mftitf~ uftder section 3 of the central industrial si!fol!l~ "bl1!8~t l"; or do of 1968 (~) who, 'hfhg emp~ in a supervtlrm1 apael\t, drawl wages e~eeding one thousaftttrupees per merimr, (it , i, 30 44 of 1958 ' ti (d) who is' employect or e1l~rt!d as a nmtat\·ifi' fn clause (42) of section 3' of the ~hnt 8iidflipblg' aet~ ,1_ or ,i (e) who is employed mainly in a managerial or administrative capacity , ,! explam1:ioft~for the purposes of thiscla~~, a person' !~~ri be 3s deemed to be employed in a managerial or administrative cat';8":'fty, i:n ~l"tipn to any industrial estllblishdlent "" '~~ it( he has beel) !empowered to employ, promote, demot ortel'm-, the services of any employee tn such industrial establishment or udder-1aldai or to change the wages of any such employee or to suspend or dismiss or impose any other punishment od any such em~oyee, or is entitled to take part in policy making process of such industrial establishment or undertaking; ,,, i" , :' i : '' (10) employees of a local unit" means the employees employed 5 in any local unit; (11) "emploje81 of a negotiating unit" means the employees /'1 t emp~oyed, in an, ,~dustrial ,establishment or undertaking ~r two or mole industrial establishments or undertakings or any urut, branch or oftlce or two or more units, branclies or oftlces of the same tndul- 10 '~ial t8blishment or undertaking, as the case may be, constituting a ~t1ating unit; -i , ,i t(12) ''employer'' , except for the j¥1rposes of chapter iii, means-(a) in relation to any industrial establishment or undertaking managed by, or on behalf of, a department of the central or a 15 state government, the authority prescribed in that behalf by the government concerned and where no authority is prescribed the head of the'department; (b) in relation to any industrial establishment or undertaking managed by, or on behalf of, a local authonty the chief 20 executive officer of that local authority; , ", i (13) ~~essential service" means any industry, or part of an indus-,\ ': t,ry specified in the first schedule; 'i i· - (14~ "executive", in relation to a trade union, means the body ~ "by ""tever name eared, to which the management of the affairs of 25 ,', _de, \jiliod is entrua~; ~ (15) '~indi~ual dispute" means any dispute or difference between an employer and !lily of his employees in relation to, or arising from, the transfer or promotion of, or the refusal or failure to promote, such employee or the termination of his employment or any 0 limylhment (including dixharge or dismil88l) imposed on such em- 3 ; ployee iud ilhiudat any dilipute' 'or difference as to the money due to such employee from the employer or as to the amount at which a benefit, which is capable of being computed in terms of money, is to be computed , , ezplanation-a dispute of the nature referred to in this clause ,hall not cease to be an individual dispute merely because any other " ~~pl~~e~ or employees are interested in that dispute; , '0' i fl6) -tndustrbil dispute" means any dispute or difference between ; emplgyers and emplorees, or between employers and employers, or 11'-: fjetweeb employees and employees wbldi itt ~otmeeted with the employment or non-employment or the terms of employment or con· ditiodi of labour, of any person, but does not 1nclude an individual dlspute or trade union dispute; , ,ill, , 5 (17) "industry" means any sy,tematic -ctbrtty, ~ on by co-operation between an employer and his employees (whether luch employees are employed by such employer directly or by or through any agency including a contractor) for the producmon,' supply or distribution of goods or aervices with a view to satisfy hdlan wanta 10 or wishes (not beiag wants or wiabes which are merel,,~iritual or religious in nature), whether or ~, • 1 j" ) (a) any capital has been invested for the~e of carry· ing on such activity; or ' '''; " , i (b) such activity is carried on with a motive to make any gain or pil'oftt; 15 9 of 1948 - ,i! ' and includes any activity of the doek labour boai:d co~tituted under section 5a of the dock workers (regulaijon of ~qwnent) act ilm8 but does not include-(i) any domestic service; or 20 (ii) save for the purposes of chapter iii any agricultural operation, except where such agricultural operation is carried on in an integrated manner with any other industry such other industry being the predominant one: " , provided that--(a) any activity, being a profession practised by ny individual or body of individuals; or ,! (b) any activity carried on by a club or eo--operativ8;lociety or any other like body of individuals, 'i' 30 shall not be deemed to be an industry unless not ,less ~ ten per· scilla are employed, by the individual or ~y 'of indi~d~ls as the case may be, practising the profession, or' by the club or cooperative society or such other like body of iriaividu~js, inj,lauon to sueh profession or activity 3s ezpl4nat1on i-any activity of the government relatable to the primary functiods of tbe' governmetjt'lihall not '~ 4e£imed to be an industry explanation 2-wbere several such activities are c~ied on tn an, establisbqlent or undertaking and only om' or some of such activities is or are an industry or industries or oqly lqffie of th ";;; " 1, (~) if ~y unit'c~rryi~'o,q ,~~~ivii~ ~,~ ;tq~us~ry, is severable from the other unit or units of such estabhsh-- ment or undertaking such unit shall be deemed to be an :indus-5 ,,1"'- ibjid edawllltmebtor'uddertakidg; \ , ) (b»)i ,,¥ sueb julit if dot iiqliowelllble, the ~minant i'; ;n"iqf ,'¥ acti~ijes to!' ,the jdtegrt8li nature oi the establish- t oj' wlderwung ehall be, taken mto ·account ,in ,determining , 'i jwl\«ttbftr ,1m ~ule eltlblishment or whiertajqng is an indus-, 10 trial establishment or ulldertaking; (18) ~'ins\france, co~p~y" means 4ulinsur~ce company as dediiect ifn' ~lause (8) of section '2 of the insurance act, 1938; 4 of 1938 (19) "khadi" has the meaning assigned to it by clause (d) of __ nll·of ,the loiadi uad l\ill1age lncius1i1ies com~ion act, 1956; 15 61 of 1956 (20) "lay-off" (with its grammatical vat'iations and cognate expressions) means the failure, refusal or inability of an employer " : on atcoiwrt of dlortage df coal, power or raw materials' or the accumulltlon; of' '81:deb or' the' brerik-dowt'l of machinery, natum calamity 01' for any other reason beyond his ~ntrol, to give'elnptbymertt to an 20 employee whose name is borne on the' muster rolls of his industrial establishment or undertaking and who has not been retrenched ; ~, , e~ l~evuy' employee whose nanuf is borne on the muatermlls of ithe indultnal, estabuahmedt or ,undertakidg and who presents himself for work at such establishment or :ullidertaking at 25 the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid~ of! fpr ·thft,qywitbin t4e ,zpe~did,g of t!us,cd_: j provided that if the employee instead' o[ being given e~ploymellt 30 at the commencement of any shift for any day is asked to present ': ,~lf'" (tilepllqlofia (ltuling tdesecoild half,of the shift for the day and is given empkjymentj;ttlen, he'lhall de'deeme6·t() have been laid-off only for one-half of that day: ,j:, pr~vided fri,er' ~ t~t if ,lle is, not ,gi~en any "uch, ,e~loyment 3~ - t( ey,n 8lt~ so p~n~)~~se;lf, be snau not be d~d "to have ,)~ r~ laid~fr:~pr ,the sefond ,~f of the sh11t jor ,tj,l~ d~i~,~all be ~dtied to full basic wages and deanleas ~owanceawx;'f~t,part of the clay y', 1:~' ~wja,r~,any uebejnploy~e 85 ,is ~ to in the 40 '~~~_j~lgtved, erqploymeat !when be~ta/himself ill the manner provided therein, he shall not be laidoie if 01'1 ,that day; (21) "local ~t" m,eans each of-, " i , • (4) tin two or ·more 'industrial etrtabliibments' or uddertakidgs; lor (b) the two or more units, branches or offices of the same industrial establishment or undertaking, which have been constituted as a negotiating unit under the provisos to clause (26); s (22) "lock-out" means the temporary closing of a place of employment or the suspension of work, or the refusal by an e~ployer to continue to employ any number of persons employed'"by him; (23) "mine" means a mine as defined in clause (;) of sub-eection (1) of section 2 of the mines act, 195~; 35 of 19&2 10 (24) "national commission" means a national i~dustrial relations commission constituted under section 11; is (25) "negotiating agent" means a registered trade union of employees certified as sole negotiating agent or chief negotiating agent under sub-section (1) of section 60, or a negotiating committee certified as sole negotiating agent under sub-section (7) of section 61; (26) "negotiating unit" means an industrial establishment or undertaking or, where the industrial establishment cit undertaldng has more than one unit, branch or office, situated in different places, each such unit, branch or office: 20 provided that the appropriate government may, having regard to the development of trade unionisation, structure of the industrial establishments or undertakings concerned or the nature of any industry and other relevant factors, and ,wherever necesslujt, after consultation with the employers concerned and the registered trade union or trade unions of employees carrying on its or their activities for the benefit of the employees employed in the concerned industrial establishments or undertakings, of units, branches or offices of the same industrial establishment or undertaking, by notification, direct that-(4) all establishments wherein any industry specified in such notification is carried on, or all undertakings of such industrial establishments, situated in the area specified therein, or (b) all the units, branches or offices of the same industrial establishment or undertaking situated in different places, 35 shall be deemed to be one negotiating unit for the purposes of this act: 40 provided further that where the industrial establishments or undertakings or, as the case may be, the units, branches or oftlces of the same industrial establishment qif undertaking proposed to be constituted as a negotiating unit are situated in more than one state the powers of the appropriate government· under the precedln, proviso shall be exercisej only by the central government and dot by a state government; (27) "notification" means a notification published in the omclat gazette; (28) ''office-bemer'', in relation to a trade union, includes any 5 member of the executive thereof, but does not include an auditor; (29) "prescribed" means prescribed by rules made under this act; (30) "registered trade union" means a trade union registered under this act; 10 (31) "registrar" means-(a) a registrar of trade unions appointed under section 15; and --(b) in relation to any trade union, the registrar for the state in which the registered office of the trade union is situated; is (32) "retrenchment" means the termination by the employer of the service of an employee for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not inelude---(a) voluntary retirement of the employee; or 20 (b) retirement of the employee on reaching the age of superannuation if the contract of employment between the employer and the employee concerned contains a stipulation in that behalf; or (c) termination of the service of an employee on the ground 30 of continued ill-health: provided that such termination is made after the employee bas faued to attend to his duties as such employee on account of ill-health continuously for a period of not less than two years; (33) "sole negotiating agent" means a registered 'trade union of 35 employees or a negotiating committee certified as sole negotiating agent under sub-section (1) of section 60 or sub-section (7) of !lection 81, as the case may be; (34) "strike" means total or partial cessation of work bv a body of persons employed in any industrial es·ablishment or undertaking 40 acting in combination, or il concerted refusal, or a refusal under a common understanding of any number of person" who are or hll~ been so employed to continue to work or accept work or employment; (35) "terms of employment or conditions of labour" includes-: (a) any matter specified dn the second schedule or specified 4:s in or under the third schedule; (b) contribution paid or payable by the employer to any provident fund or pension fund or for the benefit of the empioyeps under any law for the time being in foree; and 5 (c) any increase or reduction (other than casual) in the dumber of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circu,m, stances over which the employer has no control; (36) "trade union" means any combination, whether temporary or pennanent, formed primarily for the purpose of regulating relatiuna between employees and employers or between employees and employees or between employers and employers· and includes any association of two or more trade unions; (37) "trade union dispute" means any dispute-10 (a) ~ween a trade union and another trade union; or (b) between a member or two oil" more members of a trade union and the trade union, or between tw() or more membera o~ a trade union, relating to registration, certification, administration is oil" management of the affairs of that trade union, including election of office-bearers thereof; (38) "tribunal" means an industrial tribunal estab1lished under section 10; (39) "unfair practice" means any of the practices 9pecif\ed in the fourth schedule; 20 (40) "village industries" has the meaning assigned to it by clause (h) of section 2 of the khadi and village industries commission act, 1956; 61 of 1956 (41) "wages" means all remuneration capable of being expressed in tenns of money, which would, if the terms of employment, ex· press or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes--(a) such ajlowan('es (including dearness allowances) as the employee is for the time being entitled 'to; (b) the vaiue of any house accommodation, or of supply of lligbt, water, medical attendance or other amenity or of any service or of any concessional supply of food grains or other articles; (c) any travelling concession; but does not include-3s (i) any bonus; (ii) any contribution paid or payable by the employer to any pension fund, provident fund or life insurance fund or for the benefit of the employee under any law for the time being in force; or 40 (iii) any gratuity payable on the termination oi his lervice chapter u authorities undicr the aj:r3 (1) the centhl government may, bylloti&cation, appoint a pet'ioil labour as the chief labour coiilmilsioder who liball exercise bach pgwen ad commll4 "s perform such duties, throughout india as are collferre4 oil ~iid by or sioner • under this ad or as the celltral government may, by notification apecify from time to time (2) the central govenuaedt may, by notiftcatk»d, appoint such nudl, bel of penoua as it thinks fit to be joiat chw labour commieeiodms, deputy chief laboar commrksioners, kegioaa1 labour c4nlljyioder5, assistant laboqr ('ommjlsiodel'l and such other oftlcers it may cod-sider decessar"1, to assist the chief labour commiyloner, in the discbarp s of his dude (3) the state government may by notification, appoint a person as the labour commissioner ""for the state, who shall exercise such powej15 and perform such duties, throughout the state, as are conferred on him by, or wlder this act or as the state goverruned\t may, by notification, 10 specify from time to time " (4) the state government may, by notificatlion, appoint such number of persons as it thinks fit to be additional labour commissioners, joint labour commissioners, deputy labour commi"isioners, assistant labour commissioners and such other officers as it may consider necessary, to 15 assist the state labour conunissioner in the discharge of his duties concilla tioa oftlcen 4 (1) the appropriate government may, by notification, appoint such dumber qf periods as it thiaks fit to be conciliation oliicers charged with the duty of mediating in, and promoting the settlement of, industrial disputes 20 (2) a conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or fer a limited period 5 (1) the state government may, by notification, appoint a pel"sion to be the registrar of trade unions for the state 2s regiatrar of trade ljnioda (2) the registrar shall exercise such powers and perform such duties as are conferred on him by or under this act (3) the state government may, by notification, appoint one or more adctitional registrars of trade union~ and deputy registrars of trade unions who shajj exercise such powers and perform such duties of the 30 registrar and with/in such local limits as the st~ government may, by nouikation, specify from time to time (4) subject to the provisions of any order made by the state government, where an additional registrar of trade unions or a deputy registrar of trade uniions exercises and performs the powers and duties of a 35 registr81'l in' an area within which the registered office of a trade union is situated, the additional registrar of 1'rade unions or deputy registrar of trade unions shall be deemed to be the registrar in relation to the trade union for the purposes of this act 6: the ofticers referred to in 8u})section (~ and sub-section (4) of 40 sectlon 3 and seatlon 4 shall, sublect to the provisions of this act and the rules made thereunder, work under the general guidance and supervision of the chief labour commissioner where they" are appointed by the central government and of the s~te labour commissioner where they areappojd~ by the state government "45 pcnversof supe!"vi !ion of chief labour commialiioderud state labour commis-~ , (1) the appl'opriate government shall mainwn a ro~r of arbitra tors fro~ w~ the parties to an industrial dispute, individual dispute or trade union dispute may choose an arbitrator or a body of arbitrators for settlement of such dispute s explanation-notbing in this sub-section shall be construed as precluding the parties to such dispute from choosing an arbitrator or a member or members of a body o£ arbitrators from among persons whose name or names is or are not included in such roster (2) notwithstanding anything contained in sub-sect2ion (1) where the 10 parties to an industrial dispute or trade union dispute agree to refer such dispute for arbitration and-(4) in the case of an industrial dispute, the dispute involve;;, ~ the opinion of the central government, any question vf national importance or is of such a nature that industrial establishments or 15 undertakings situated in more than one state are likely to be in-~rested in, or affected by, such dispute; (b) in the case of a trade union dispute, the dispute involves, in the opinion of the central government any question of national, importance or one oi the parties to the dispu,te is a registered trade 20 union having offices in more than one state, the central government may, by order, appoint one or more persons (whether or not their names are included in the roster of arbitrators) as an arbitrator or body of arbitrators, as the case may be, for the arbitration of such dispute and such arbitrator or body of arbitrators shall have the ~s same powers and jurisdiction in relation to the industriln dispute or trade union dispute, as the case may be, as if the arbitrator or body of arbitrators has or have been chosen by the parties to the dispute by mutual agreement explanation-for the removal of doubts it is hereby declared that in 30 the case of an ,industrial dispute, an order may be made by the central government under sub-section (2) notwithstanding that it is not the appropriate government in relation to the industrial establishment or undertaking with which the diispute is concerned 8 (1) the appropriate governmeat mey as occasion ariiea, by dotifl- court of 3s cation, constitute a court of inquiry for inquiring into _y matt eon- inqatry nected, or appeari~ to be connectecl with, or relevant to, ad industrial dispute or a trade union dispute (2) a court of inquiry may consist od one person only or such number of persons, not connecteci with or interested in the dispute, as the 40 appropriaa;e government may think fit, and where a court of inquiry consists of two or more persons, one of them shall be appointed a the chairman thereof (3) a court of inquiry having the prescribed quorum may act not-withstanding the absence of the chairman or any of its members or any 45 vacancy in its number: provided that if the appropriate government intimates the collrt ot inquiry that the aervices of the chairman have qeaaed to be availbie, the court at inquiry shall not act until a new chairman has beenappointed (i) the court of inquiry shall inq\lire into such matters as are refetted to it by the appropriate government for inquiry and submit its repolt to that government t·bour ~9 (1) the appropriate government may, by notifieatiod, establisji such number of labour courts as it thinks fit and de6ne the toea! limits ~ of their jwiscltdion (2) the labour court shall ha,re its headquarlei1s at such place as the appropriate government may, by notification, specify: provided that 'the labour court may hold its swings at such oth@l1 place or places within its local limits of jurisdliction as it considers 10 necessary (3) the appropriate government may, by notification, appoint such number of persons as it thidks fit to he presiding ofiicers of labour courts and may, by order, post each of them to preside over a labour court or transfer a presiding officer from one labour court to another labour 15 court i (4) no person shall be qualified for appointment as the presiding officer of a labour coui1t unless-(a) he has, for a period (,if not less than one year, been a district judge or an additional district judge; or 20 (b) he has been a presiding officer of a labour court or industrial court constituted under any central, provincial or state act for not less than five years; or (c) he has been an officer of the ministry or department of the central or state government dealing with law or labour, not 2s below the rank of a deputy secretary or equivalent post, for not less than three years; or (d) he has held a judic,ial office in india for not less than seven years; or (e) he has practised as an advocate or attorney for not less than 3c' leven years in any court; or <f> he has, in the opinion of the appropriate govenunent rde quate experience in industrial relations - (5) the labour court shall have, !lubject to the othf!r provfi~ of this act, jurisdidion to adjudicate industrial disputes relating to any' matter specified in the second schedule, or indivfidual disputes 35 (6) the labour court shall discharge such other functions as are awaigned to it by or un~tbls ·acit industrial 10 (1) the appropriate government may, by aoii8eation, establish tribunals sueh number of industrial tribunals as it thinks fit 40 (2) the tribuhal shall have its headquarters at such place as the appropriate govemmieht may, hy notification, specify: provided "that the industrial trib~mal may have its sittings at such other place or places as it considers necessary, having regard to the convenience of the parties (3) the appropriate government may, by dotificatied,appoint such s number of persods as it thinks fit to be presiding oiieers of 'rribunals and may, by order, post each of them to preside over a tribunal or tr'lnsfer a presiding ofilcer from one tribunal to another (4) no person shall be qualified :lor appointment as the presiding officer of a tribunal unless-10 (4) he is, or has been, or is qualified to be appointed as, a judge of a high oourt; or (b) he has, fora period of not 'less than three years, been a district judge or an additional district judge; or (c) he has been a presiding officer of a labour court for a period of not less than five years; or (d) he has been' an off\cer of' the ministry or departnrem of the central or state government dealing with law or labour, not below the rank of a deputy secretary or equivalent post, for not less than five years; or 20 (e) he has, in the opinion of the appropriate government, adequate experience in industrial relations (5) the tribunal shall have, subject to the 'other provisions of this act, jurisdiction-(a) to adjudicate industrial disputes relating to any matter specified in or under the third schedule or trade union disputes; ('b) to determine the support for any registered trade union nf employees under section 60 and to certify such trade union as sole negotiating agent, chie~ negotiating agent, associate union or local union; and (c) to determine any matter relating to the election of a negotiating committee and the certification of such committee as sole negotiating agent (6) the tribunal shall discharge such other functions as are assigned 35 to it by or under this act 11 (l)'the central government may 8s qccasion arises, by notiftca- national tlon, eonstltute a natiodal 'industrial relatio~ cou nlsston-industrial relations (a) for the adjudication of-commi-sions (i) any industrial dispute, (whether sum disp"- relates to &no, matter specified in the set!ond schedule or the third sehedule) coacemmg any industrial estawwment or undertaking with respect toi whlch the central government is the aporoprlate government; or (u) any industrial dispute (whether sueh dispute relatet to ally matter spec:ifled in the seeond schedule or the third schedule) concerning any industrial establishment or undertaldn, with respect to which the state government is the appropriate govemmmt, but such dispute in the opinion of the centnl 5 govemment,-(l) involves my question of national importance,' or (2) is of such a nature that industrial establishments or undertakings situated in more than one state are likely to be interested in, or afleeted by, such dispute; or 10 (iii) ady trade union dispute which, m the opiaioll of the central government, involves any question of national importance or ode of the parties to the dispute is a ~tered trade anioll having otll in more than ode state; (b) to enquire into and report to, or advise, the central gov- 15 el'llment in regard to any matter referred to it; or - , i (e)' to cfiseharge such functions as illiw be preserihed (2) a niriional commission mall consist of one pedon only to be ~ appointed by the central govemmellt 20 (3) no person shall be qualified for appointment as the presiding officer of a national commiqsion unless-~' l (4) he is, or has been, a judge of a high court, or (b) he is, or has been, the presiding officer of a tribunal for , a period of not less than five years; or 25 (e) he has, in the opinion of the central government, adequate experience in industrial relations fillinlt of 12 if, for any reason, a vacancy (other th:m a temporary absence) vacancies occurs in the office of the presiding officer of " labour court, tribunal or national commission or in the office of the chairman or any other 30 member of a court of inquiry, th~n-(4) in the case of a national commission, the central government; and (b) in any other case, the appropriate government, 35 shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceeding before the labour court, tribunal, national commission or court of inquiry, as the case may be may be continued from the stage at which the vacancy occurred 13 (1) no pierson shall be appointed to or shall continue in, the 40 oftlce of the presiding ofbcer of 8 labour court, tribunal or national commission if he has attained the age of sixty·flve years terd18 and con ditionsof service of presiding offtcer allabour court, etc (2') the othet" terms and conditions of service of the presiding of!cer of a labour court or tribunal shall be such as may be prescribed by the a~roprlate government and of the presidinllt offtcer of a national 4s commission shall be such as may be preseribed by the ~tral g0vernment 14 (1) no order of the appropriate government or of the central government, as the case may be, appointing any person as the presiding officer of a lab:>ur court, tribunal or national commission or the chairman or any other member of a court of inquiry shall be called in ques-s tion in any manner (2) no act of, or proceeding before, any labour court, tribunal national commission or court of inquiry shall be called in question i~ any manner-(a) on the ground merely of any defect in the constitution 10 thereof; or finality of orders appointing presiding officers of labour courts tribunals and national commissiom and chairman 8ild (b) in the case of a court of inquiry, on the ground merely of members any vacancy therein of courts of ihj~'iry 15 every labour court, tribunal and national commission shall be deemed to be a civil court for the purposes of sections 345 348 and 348 2 of 1974 is of the code of criminal pro~edure, 1973 labour co-'m, etc, to be deemed tobea civil court 16 every conciliation officer, registrar, additional registrar of trade unions or deputy registrar of trade unions, presiding officer of 11 labour court, tribunal or national commission, every chairman or any other member of a court of inquiry, every arbitrator (where there conci1iationofftcersetc, to be deemed to be public servants 20 is only one arbitrator) and every member of a body of arbitratoi's shall be deemed to be a piublic servant within the meaning of section 21 of 45 of 1860 the indian penal code chapter iii trade unions17 in this chapter-2s (a) "employee" means--(i) any employee as defined in clause (9) of section 2; and (ii) any person (including an apprentice) employed in any agricultural operation, whether 01' not such agricultural operation is carried on along with any industry; 30 defini-tions of "employee" and "entployer'for thepurposes of this chapter (b) "empjl,oyer" means any person employing any employee referred to in clause (a) 18 (1) a trade union may consist of employees only or employers only or it may be an association of ttade unions of employees or, as the 3s case may be, employers only fonnation of trade unions (2) every trade union shall carry on its management and activities in accordance with the provisions made by or under this act and its constitution (hereinafter referred to as the rules of the trade union) (3) no trade union which is not registered under this act shall be 40 entitled to any rights or privileges under this act 19 (1) every application for the registration of a trade union shall be made to the registrar,-application for registration (0) in the case of a trade union of employers, by not less than ten empiloyers;" and (b) in the case of a trade union of employees, by ten per cent 5 of the employees employed in an industrial establishment or undertaking or two or more industrial establishments or undertakings or unit, branch or office, or units, branches or offices, of an industrial establishment or undertaking, as the case may be, for the benefit of whom such trade union proposes to carryon its activities, or by ten 10 employees, whichever is higher: provided that }vhere ten per cent of such employees exceeds one hundred emp;loyees, it shall be sufficient if the application is made by one hundred of such employees: provided further that in the case of industrial establishments or un- 15 dertakings which are of a seasonal character, such ten per cent shall be determined with reference to the employees employed on an average per working day during the season immediately preceding the date on which the application for registration is m?de expzanation-in the case of a trade union which is an association 20 of trade unions, its membership, for the purpose of this sub-section, shall be deemed to be the aggregate of the membership of each of the trade unions constituting such association of trade unions (2) every application for the registration of a trade union shall be accompanied by-2s (0) a statement showing-(i) the names, occupations and addresses of the persons making the application, including the name and address of the industrial establishment or undertaking, and where the industrial establishment or undertaking has two or more units, 30 branches or offices, the unit, branch or office, wherein such persons are emp~oyed; (ti) the name of the trade union and the address of its head office; (iii) the title, name, age, address and occupation of each of 35 the office-bearers of the trade union; (iv) in the case of a trade qnion, being an association of trade unions, the names, addresses of registered offices and registration numbers of the member trade unions; (b) three copies of the rules of the trade union together with a 40 copy of the resolution by the members of the trade union adopting such rules; \ (c) a copy of the re!tolution adopted by thel members of the trade union authorising the applicants to make the ap~ication for registration: all~ (d) in the case of a trade union, being an association of trade unions, a copy of the resolution adopted by the members of each of the member trade unions, meeting separately, ngreelng to constitute the association of trade unions 5 explanation-for the purposes of clause (c) "resci1ution adopted by the members of the trade union" means, in the case of a trade union, being an association of trade unions, the resolution adopted by the members of each of the member trade unions, meeting separately (3) where a trade union has been in existence for more than one 10 year before the making of an application for its registration, there shall be delivere j to the registrer, together with the application, a general statement of the assets and liabilities of the trade union wepared in such form and containing such particulars as may be prescribed (4) where an application has been made under sub-section (1) for the is registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the trade union, some of the appllicants, not exceeding one-half of the total number of persons who made the application, have ceased to be members of the 20 trade union or have given notice in writing to the registrar dissociating themselves from the application 20 no craft or category wise trade union shall be registered under this act prohibition of registration ot craft or category· wi tradt! union 21 (1) the registrar may call for furth~ information from th~ per 25 sons who have made the application for registration for the pfllrpose of satisfying himself that any application for registration of the trade union complies with the provisions of section 19, and that the registration of the trade union is not prohibited by section 20, and may refuse to register the trade union until such information is supplied power to call for further particu lars and to require alteratiort of name 30 (2) if the name under whi-:-h a trade union is proposed to be rep tered is identical with that by which any other existing trade union has been registered or, in the opinion of the registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade union, the registrar shall require the persons applying for regis-3s tration to alter the name of the trade union stated in the application, and shall refuse to register the trade union until such alteration has been made 22 a trade union shall not be entitled to registration under this act, unless the executive thereof is constituted in accordance with the we-40 visions of this act, and the rules of the trade union provide for the following matters, namely:-(a) the name of the trade union; (b) the whole of the objects for which the trade union has been established; constitution of executive and provisions to be contained in the rules of a trade union (c) the whole of the purposes for which the general funds ot the trade union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully awlicable under this act; (d) the maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office-bearers s and members of the trade union; (e) the admission of ordinary members (irrespective of their craft or category) who shall be persons actually engaged or employed in the industrial establishment or undertaking or industrial establishments or undertakings or unit, branch or office, or units, branch- 10 es or offices, of an industrial establishment or undertaking, as the case may be, with which the trade union is connected, and also the admission of such number of honorary or temporary members, who are not such employees, as are permitted under section 34 to be office-bearers to form the ~xecutive of the trade union; is (f) the ptsyment of a subscription by members of the trade union; (g) the conditions under which any member shall be entitled to ,any benefit assured by the rules and under which any fine or forfeiture may be imposed on any member; (h) the annual general body m~ting of the members of the 20 trade union, the business to be transacted at such meeting, including the election of office-bearers of the trade union; (i) the manner in which the members of the executive and the other office-bearers of the trade union shall be elected annually and removed and filling of casual vacancies; 25 (j) the safe custody of the funds of the trade union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspe~:tion of the accomt books by the office-bearers and members of the trade union; (k) the manner in which the rules shall be amended, varied or 30 rescinded; and (l) the manner in which the trade union may be dissolved registration of trade union 23 (1) the registrar on the receipt of an application for r'egistratior1 of a trade union shall, after making such enquiries and collecting such further information as may be necessary, pass order within sixty days 35 from the date 'of the receipt of the app,lication either granting or refusing to grant registration of the trade union and communicate the order to the applicant: provided that where the registrar refuses to grant registration to a trade union, he shall state the reasons therefor in the order refusing to grant registration 40 (2) when the registrar grants registration to the trade union, he shall enter in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union cootained in the statement referred to in clause (4) of sub-section (2) of section 19 accompanying 4' the application for registration certificate of registration u; (1) the registrar, on registering a trade union under this act, shall issue a certi1lcate of regiliu'ation in the pjrescribed form which shall be conclusive evidence that the trade union has been registered under this act s (2) a certificate of registration issued under sub-section (1) shall be valid for tne whole of india 25 (1) every tradt: union registered under the trade onions act, 1926, or any otner law, belore ttle commencement of ttlis act, shall until the expiry of six months froln such commencement be deemed, to be a 10 regis~red trdde uruon for the purposes of this act (2) every trade union registered under the trade unions act, 1926, 01 any otner law, before the commencement of this act, may apply 16 of 1926 fresh registration of trade unions registered under act 16 of 1926 101' reglsuation under this act and where such trade union does not make any suen application it lihah, on the expiry of six months tram the com-15 mencemem of this act, be deemed to de not a registered trade union for the purppses of this act: provided that the ltegistrar may, after he has received an application for the fresh registra?on of the u·adc union under this sub-section, direct that tne trade union shah be deemed to be a registered trad~ wlion under this act until he takes a final decision on such application granting or re-20 fusing to grant registration to the trade union under' this act (3) the registrar shall, before the expiry of three months from the commencement of this act, serve on every craft or category wise trade union registered under the trade unions act, 1926, or any other law, 16 of 1926 2~ be~ore the oommencement of this act, a notice requiring such trade udlon-(1(1) to amalgamate with a trade union registered or deemed to be registered under this act; or (b) to allow membership to all categories of employees within a period of three months from the service of such notice on the 30 trade union - (4) where any craft or category wise trade union fails or refuses to compily with a notice under sub-section (3) within the period specified therefor in that sub-section, it shall cease to be a registered trade union 35 for the purposes of this act 26 (1) a certificate of registration of a trade union may be cancelled by the registrar-i • cancellation of registration (a) on an application made in that behalf in the prescribed form by the trade union concerned and after verification of the facts stated 40 in the application in such manner as may be prescribed; (b) if the trade union wilfully fails to maintain accounts or to submit annual return within the prescribed p!eriod; (c) if tne annual return submitted by it is false or defective in material particulars and the defects are not rectified within the pres-45 cribed period; (d) if the certificate of registration has been obtained by fraud or mistake; (e) if the trade union has ceased to exist; (1) if the trade union has wilfully and after notice from the registrar contravened any provision at this act or rules made there-5 under; (9) if the trade union had made, or allowed to continue, any rules of the trade union which are inconsistent with the provisiolls of this act or has rescinded any of its rules providing for any matter, provision for which is required to be made by section 22; 10 (it) if the trade union has not held annual elections to elect its office-bearers before the expiry of such date as may be wescribed; or (i) if the trade union contravenes its rules: provided that not less than sixty days' previous notice in writing specifying the growlds on which it is proposed to cancel the certificate of 15 registration shall be given by the registrar to the trade union before the certificate of registration is cancelled otherwise than on the application of the trade union (2) a certificate of registra,tion of a trade wlion shall be cancelled by the registrar where a labour court or a tribunal recommends the 20 cancellation of such registration under sub-section (4) of section 93 or sub-section (8) of section 108, as the case may be (3) while cancelling the certificate of registration of a trade union the registrar shall record the reasons for doing so and communicate the same in writing to the trade union concerned 25 27 (1) any person aggrieved by the refusal of the registrar to grant the application for registration of a trade union under sub-section (1) of section 23 or by the cancellation of a certificate of registratlon wlder sub-section (1) of section 26 may, within such period as may be prescribed, appeal to the tribtmal specially authorised in this behalf in 30 the prescribed manner • appeal against non-registration and cancellation of registration (2) the tribunal may, after giving the parties concetned an opppr~ tunity of being heard, dismiss the appeal or pass an order directing the registrbl" to register the trade union and to issue a certificate of registration under section 24 or setting aside the order of cancellation of the 35 certificate of registration, as the case may be, and a copy of the order shall be forwarded to the registrar (3) the order of the tribunal shall be final and the registrar shall comply with such order within a period of thirty days from the date of the order 28 a trade union whose certificate of registration has been cancelled, may apwy for re-registration after the expiry of a period of six months from the date of the last cancellation ·of the certificate of registration re-registration of a trade union rt'gistl'redoffice 29 (1) all communications and notices to a registered trade union may be addressed to its registered office which shall be the address of 45 the head oftlce of the trade union as entered in the register referred to in sub-section (2) of section 23 (2) notice in writing of any change in the address of the registered oftlce of the trade union shall be given within fourteen days of such change to the registrar, and such other authorities as may be prescribed, and the changed address shall be recorded in the register referred to in s sub·section (2) of section 23 30 (1) the subscription payable by the members of a trade union shall be-membership fee and its mode of collection (i) in the case o~ a trade un'on of persons employed in agriculture or agricultural operations, nol less than twenty-five paise per month per member; and 10 (ii) in other cases, not less than one rupee per month per member (2) where a trade union, in accordance with its rules, resolves to that effect and the employees who are members of such trade union execute in favour of the employer a written authorisation in that behalf, 15 the membership fee shall be deducted from the wages of the employees by the employer and paid over to the trade union concerned in the prescribed manner incorporation of registered trade unions 31 every registered trade union shall be a body corporate by the name under which it is registered, and shall have perpetual succession ~ and a common seal with power b acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued 32 the following acts namely:-21 of 1860 (a) the societies' registration act, 1860 2 of 1912 2s (b) the co-operative societies act, 1912, and (e) the companies act, 1956, 1 of 1956 certain acts not to apply to registered trade unions shall not apply to any registered trade union and the registration of any such trade union under any such act shall be void 33 a person shall be disqualified for being chosen as, and for being 30 an office-bearer of a registered trade union if-(i) he has not attained the age of eighteen years; disqualifications for being officebearer of trade unions (ii) he has been convicted by a court in india of any offence involving moral turpitude and sentenced to imprisonment unless a period of five years has elapsed since his release af,ter undergoing 3s such imprisonment; (iii) he is already office-bearer of not less than four trade unions: and (iv) a labour court has directed under sub-section (2) of section 93, that he shall be disqul'llifi~d fo~ bein(! chosen as or for 40 being, an office-bearer of a trade union, so long as such order is in force 34 (1) in the case of a trade union of employees carrying on its activities for the benefit of employees employed in one industrial establishment or undertaking only, the number of office-bearers of such trade union who are not persons actually employed in such industrial establishment or undertaking, shall not be more than two s proportion of officebearers to be connected with the industry (2) in the case of a trade union of employees carrying on its activities for the benefit of employees employed in two or more industrial establishments or undertakings, not less than three-fourths of the total number of the office-bearers of such trade union shall be employees actj,lally employed in any of the industrial establishments or undertakings with 10 which the trade union is connected (3) in the case of a trade union of employers not less than threefourths of the total number of the office-bearers of such trade union shall be employers in relation to the industrial establishments or undertakings with which the trade union is connected is explanation-for the purposes of this section an ex-employee of an industrial establishment or undertaking shall be deemed to be a person who is actually employed in such industrial establishment or undertaking declaration of assets by officebearers 35 every office-bearer of a trade union shah file a statement of his 8rsets and liabilities every year, on or before such date as may be 20 prescribed, with the registrar and such statement shall be open for filj inspection by any employee or, as the case may be, employer, who is a member of the trade union change ofjwne 36 any registered trade union may, with the consent of not less than two-thirds of the total number of its members and subject to the pro- 25 visions of section 38, change its name amalgamation of trade unions :n any two or more registered trade unions which are not associations of trade unions or two or more associations or trade unions may amalgamate together as one trade union or one association of trade unions, as the elise may be, with or without dissolution or division of 30 the assets and liabilities of, such trade unions ot" associations of trade unions or either or any of them if the votes of at least one-half of the til members of each or every such trade union (including, in the case of amalgamation of two or more associations of trade unions, the members of the trade unions which are members of such associations of trade 35 ugions) entitled to vote are recorded and at least sixty per cent of the votes recorded are in favour of such amalgamation 38 (1) notice in writing of every change of name and of every amalgamation shall be signed-| notice ||-----------|| change of || name or || amalga- || marum |(4) where the registered trade union chanring its name is not 40 an association of trade unions or the registered trade unions amalgamnting are not associations of trade union8,-(i) in the case of a change ot name, by the secretary and ten members of the registered trade union changing its name; ~ (it) in the case of an amalgamation, by the secretary, and ten members, o£ each of the registered trade unions amalgamating; (b) where the registered trade union changine its name is an aaaociation of trade unions or the registered trade unions amalgamating are associations of trade unions-10 (i) in the case of a change of name, by the secretary of such association of trade unions and by not lees than ftfty-one per cent of the total number of secretaries of the trade unions which are members of such association of trade uniona; and (ii) in the case of an amalgamation, by the secretaries of the asaociations of trade unions amalgamating and by not 1_ than fifty-one per cent of the secretaries of the trade unions which are members of such associations of trade unions amalgamating, 15 and shall be forwarded to the reg~trar and, in the case of an amalgamation of trade unirlds, where the registered office of the amalgamated trade union is situated in a different state, to the ragistrar of such state: 20 provided that in a case referred to in clause (a), if the total number of members of the registered trade union whose name ui changed or any of the registered trade unions amalgamating, excludilll the secretary, is leu than ten, the notice may be signed only by the secretary and all the members of the trade union, 25 (2) subject to the provisions of sub-section (2) of section 21, the registrar shall, if he is satisfied that the provisions of· this act in respect of change of name have been complied with, register the chanae of name in the register referred to in sub-section (2) of secuon 23, and ~ change of name shall have effect from the date of such registration, 30 (3) the reristrar, within the local limits of whose jurisdiction the registered office of the amalgamated trade union is situated, shall, if he is satisfied that the provisions of this act in respect of amalgamation have been complied with and that the registration of the trade union formed thereby is not prohibited by section 20 and it is not disentitled to 35 l'pgistration under section 22, register such trade union in the manner provided in section 23 and the amalgamati()n shall have effect trom the date of such registration, 39 (1) the change in the name of a registered trade union shall not affect any rights or obligations of the trade union or render defectiv~ 40 any legal proceeding by or against the trade union, and any legal proceeding which might have been continued or commenced by or again~ effect of chan, ot name and amal 18mation, ~t· by its former name may be contin ed or commenced by or agatnst it by its new name (2) an amalgamation of two or more registered trade unions shall 45 not prejudice any right of any of such trade unions or any right of a credi~ of any ~t tb,em d1teolut1od (2) when a registered trade union is dissolved, notice in wriuna of the diaolution shall be signed,-(a) where such trade union is not an association of tra4e unions by lhe secretary and ten members thereof; and (b) where such trade union is an association of trade unions, j tae ~ary of such asso<:iation of trade uaiou and the aecretarilll of;j)otlfis utantuty-one per cent of the totalnwnaer of tae trade 'w!liooswhieh are members of suchilsiociation, and shall, within fourteen days of the dissolution, be sent to the registrar, d if the registrar is satisfted that t~ dillolution has been effected 10 i'ii'accordance with the rules of the t&t8de union, he aball 'make ·an entry to ~ that eftiect in· the' register referred to in 8ub-hction (2) of, 'metion 23 and the d~s:>lution shall have effect from the date on whieh such entry is made: provided that in a case referred to in clause (4), where the total 15 number of members of a trade union, excluding the secretary, is leu than ten, the notice may be signed only by the secretary and all the members of the trade union (2) where tbe '1iisiolution of it regiitered trade union bas men ententd in their~ter referred to in sub-section (2) of,88cgon23 qci 20 the rules of the trade union do nolt provide for· the distribution of tae funds of the trade union on dissolution, the registrar shalldivide the funds amongst the members thereof in such manner as may be prescribed returns ;'1 (1) 'every 'j'efstered trade union shall forward annually 10tbe regiltrar, oil or before 81ich dateaa may be prescribed, a genetl state- 30 jihlht, audited in '-'heprelcribed mumer of all receipts and e~peqditw'e of sueh registered trade union during the ye~r ending on tht: 31st day of december' next preceding such prescribed date, and of the as8lets and lltlbilities of the trade union existij'la on such 31st day of december (2) the g~al statement shall be prepared in such form, and -,hall 35 c4nltam such pat1iculars, as may be prescribed (3) together with tbe general statement refert-ed to in sub-section (l), every registered trade union shall forward to the registrar a statement showing all changes of office-bearers made by the trade union duri~g the year to which such general ~tatement relates, along with :j 40 copy of the rules of the trade union corrected up to tbedate iof jespuch thereof to the registrar (4)a cqpy of every alteration made in the rul of -i n d trade union shall be sent to the registrar within fifteen daye of ·the making of the alteration (5) 'f~r the purpose of examining the -documen_ r~' to ta· mctton~ (1), (3) and (4), the registrar, or any om,, authortled jdr'liiiiid, by general or special order, may at all reasonable times inspect the eerttfteate' ofregistratton, account books, registets'at\d;other documents, relatine to a trade union, at its registered office' or may require their production at such place as he may specify in this'~lf,' but no sueb 5 place shall be at a distance of more than fifteen kilometers from theo reg!stered offtce' of such trade union special proviaions in regard to trade union of emp1o yera '2 (1) where any application to be' made-, 1'l'gt~·tcj be' given or anything, to be dorie (including the signing, of any application or notice) under this chapter is required or allowed to be made, ,given or done by 10 a member of a trade union and such trade union is a trade union of employers, such application, notice or thing shall, in the calle of a member, being a company or ouier body corporate, be' irlade given ot done, as the case may be, by the secretary of, or any other oftlcer' specially authmlsed- in this behalf by, the company or other b~ corporate 15 (2) wbel'e a member of a trade union of employers is company or other' body corporate, the secretary of, or any other officer specially authorised in this behalf by, the company or other body corporate sllall be'deemed to' be an employer in relation to an industrial estabuaimlent or underta'king with which the trade 'unien is connected for the purpo,acs 20 of section 34 43 (1) where there 'is--(4) a diapute relatin~ to,-adjudication of trade (i) the election of an office-bearer or' the disqualification of ~~=tes any person for being chosen as, or for being, an officebeerer of a'tegistered trade union; or (ii) whether or not any person is, or has ceased to be, an office-bearer, or a member, of a registered-trade union, including any' dispute relating to wrongful removal or expulsion of any such office-bearer or member from his oftice or membership of such trade union, as the case may be; or 30 (iii) the j;1i'operty, including account bookl;, of any registered trade union; c1'f (b) any other trade union dispute, aa application may be made in the prescribed manner to the !ribunal 3s ipeciauy authorised in this behalf for th~, ~cati6ll of the di8pute,-(a) where the dispute is in respect of a regi'si~red trade union whieh'is an association of 'trade unions, by any person who is a membet of any of'tie trade' uniom whieb is a member of the assoctattonj o~ (8) ,where the dispute is in respect of a, registered' tt!ade u~ion whtcb,,,is ,doi an auociation of trade unions, by any pet'so'ft' who 15 a member of, the trade union, within-8mb period as ,may be p~scribed or the government of the state whereiftthe-registered oftrce of the trade union tssituated may refer such 45 dispute to ofjwzh tribunal for adjudication (2) l(otwlthatancun, anything contained in sub-section (1), where, in the opinicm of the central government, any dispute referred to thereill ,involves any queltion of national importance or any of the parties tv the dispute is a registered trade union having offices in more than one state, that government may refer such dispute to a national commis-5 alon for adjudiclltion and on such reference being made, sub-section (6) of section 104 shall apply in relation to such dispute in the same manner as it appues in relation to an industrial dispute which has been referred to a national commiaalon for adjudication (3) the tribunal to which an application is made or a dispute is re- 10 ferred for adjudication unaer sub-section (1), or the national commission to which a dispute is referred for adjudication under sub-section (2), shall have the power to issue such directions or pass such order's, as it thinb ftt, pending the adjudication of the dispute (4) the tribunal or national commission, as the case may be, shall, is after hearing the parties to the dispute and enquiring into the dispute in the prescribed manner,adjudicate the dispute and pass such award as it thinks just and proper in the case, including an 'order setting aside the election of an office-bearer, or declaring that any person is not or has ceased to be an office-bearer of a trade union and directing the holdint! 20 ot eleetion for choosing an oftiee-bearer, (5) the award of the tribunal or the national commission, as the case may be, ul\der sub-section (4) shall be ,final (6) no civil court shall entertain any suit or other proceeqing in relation to any dispute referred to in sub-section (1) 25 (7) save as aforesaid, the tribunal or the national commission, as the ease may be, shall, in adjudicating disputes under this section, exe'reise the same powers and fellow the same procedure as it exercises or follows while adjudicating an industrial dispute under this act object « the general funds of a registered tr~de union shall not be spent 30 on any object other than the following, namely:-lid which pneral funcb '1d83' be li))ent (a) the payment of salaries and allowances to the oftlce-bearer of the trade union and the expenses incurred by them in the discharge of their duties; (b) the payment of expenses for the administration of the trade 35 union, including audit of the accounts of the general funds of the tude 1jnloa; (c) the prosecution or defen'ce of any legal proceeding to which the trade union or any member thereof ill a party, when such prosecution or defence is undertaken for the purpose of securing oi: pro-~o tecting any rights of the trade union as such or, in the case of a repatered trai1e union of employees, of any member' of the trade union against his employer or, in the case of a registered trade union ot employers, of any employer against his employees; (cl) the collduct of individual, lndustrial or trade union disputes 45 on behl1f of the trade union ot any member thereof or' {or compensation of members for loss arising out of such dispute; (e) allowances to members thereof or their depoendents all aecdurt of death, old age, sickness, accident or unemployment of such members; (f) the issue of, or the undertaking of liability under, policies of 5 assurance on the lives of members ther00f or against their sickness accident or unemployment; (g) the provision of educational, social 01' religious benefits for members thereof (including payment to the heirs of a deceased mem ber of expenses of funeral or religious ceremonies of such de-10 ceased member) or for the dep!!ndents of such members; (h) the publication of a periodical mainly concerning matter, in relation to trade union aotivities and activities of employers or employees or both; 15 20 (i) the payment, in furtherance of any of the objects on which the general funds of the trade lilion may be spent, of contributions to any cause intended to benefit employees or employers, as the case may be, in general, provided that the expenditure towards· such payment in any financial year shall not, at any ume during that year be in e'cc('ss of on ('-fourth of the aggregate gross income which has up to that time bc'::rued to the gerieral founds of the trade union durinj that year and of the balance at the credit of those funds at the c0mmencement of that year; and (j) any other object specified by the state government, by notification, subject to such conditions as may be specified therein contttution of - eparate fund for political purpoletl 25 45 (1) a registered trade union may constitute -a separate fudci, which shall consist of money separately realised or paid to that fund, from which payments may be made for the promotion of the civic and political interests of itr members, in furtherance of any of the objects specified in sub-section (2) 30 (2) the objects referred to in sub-section (1) are-(g) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election u a member of any legislative body constituted uuder the collititution or of any local authority, before, during or after the election in coil-35 nectlon with his candidature or election; or (b) the holding of any meeting or the c'tistribution of any literature or documents in support of any such ~andidate or pr08jjeetfve candidate; or· (e) the maintenance of any person who is a member of any 40 legislative! booy constituted under the comltitutlion or (if any local authority; or (d) the registration of electors or the sele~tion of a candidate for any legislative body constituted under the constitution or for any local authority; or 45 (e) the holding of political meeting of any kind, or the distribution of political }jjerature or political do,cuments of any kind (3) no member shall be compelled to contribute to the fund cons:tdtuted ,under sub-section (1) and a member who does not contribute to the said fund shall not be excluded from any beneftt of the resistered trade union, or placed in any respect either directly or indirectly under any· disability or at any disadvantaae as compared with other members 5 of s\lcb trade union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to such trade union (4) the provisions of this section shall, in so far as it relates to pay- 10 ment of contributions by members of a registered tra union to a fund constituted by such trade union ujlder s\lb-section (l), \)e:'subject to ~he' provisions 01 section ~a of the companies act, 1956 fl the account books of a registered trade union and the list of members thereof shall be open to inspection by any ofiee-lmeper or 15 member of such trade union at such times, as may be specified in the rules of the trade union lu&htto inipect book of trade unions t'l, (l) a regiak!red trade union of employers may enter into a settlement with a negotiating agent in the course of negotiations under section 97 or in the course of conciliation proceedings under section 98 or may 20 ediec' into an arbitration agreement under section 100 anll where a r,pstel'ed trade union of employers enters into such agreement, the agreement and, where such agreement is an arbitration agteement, the arbitration award sha1l, subject to the other provisions of this act, be bij1didg ,on every member of such trade union of employers 25 trade union of employen may enter into lettlement with ne,otiatin, -nt (2) where any registered trade union of employers is a party to any adjudication proceedings before the labour court, tribunal or national -commission, the award of such labour court, tribunal or national commission, as the case may be, shall subject to the other provisions of this act, be binding on all the membe>rs of such trade union of 30 employers explanation-for the purposes of this section, mc'mber of a regis tered trade union of employers includes any such member who resigns or otberwlse relinquishes the membership, or otherwise ceases to be a r utint~, of suelf trade' union after any agreement referred to in sub-3~ ~ '(1)'i8 entered:into or after such trade union has beel\' made a party to any adjudication proceedtngs referred to in sub-eection (2) • no civ'ill court shall entertain any suilt or other leg-t, proceedin, i~ for thif expren purpose' of enforcing, or recovel1ing darnagm for breach of, any of the following agreements, namely:-40 enforceability of, 811'"-menu <a) any agreement among the- member ot a regiatered, tral\8 union u such, concerning the condiltions on which any members at" such trade union shall or shan not sell their gocxk, transaet buslnea, employ or be employed; or (b) any aareement for the payment by any perron of any 45 scription or penalty to a registered trade union; or _ (c) ·my acreemenrt:fgr the applieationof-the funds &l'a regiaer- tnde uftion-(ii) to make contributions to any employee or emplojlitr,-'u the case may be, who is not 1i member of such trade union, in consideration of such employee or employer acting in confonntty with the ru1~s or resolutions of such trade union; or 10 (iii) to pay any-fine impoaltd upon any member, or upon any office-bearer (not being a member), of such trade union, hy lentence of a court 'of jaw; or (d) any grecment made between ode re,;stered tracle urion ind another; or (e) any agreement between a registered trade union of employees [whether or not such trade union has been certiftedss_a negotjat-15 ij)gagent under sub-lection (1) of section60 or as a local union wmler sub-leetion (3) of that section] and an employer or a group of-employers or registelled trade union of employ-ers; or (f) any agreement to secure the performance of any of the agreements aforesaid immunit, from civil suit in certain cases 20 f9 (1) no suit or other le&al proceeding sball be maintainable in any civil collrt aidst any r'iistered trade undon or any oftlce-bearer or member ithereof in respect of any act done in contempla;tion or furtherance of an industrial dispute or trade union dispute 0ir' indiv'idual dispute to wbieh·8j memlder of the kmie union is· a party on thepololdd'wlly th~ 2:\ such act imnces lome other pelion to break a centtact of,~ment or tba!t:ijt is:8jl ijaterierencewith the tnde,·buaidets"qr~~tot ligule,other penioilof with t~ npt, 8()meo,therpenan,to~ of his capital or of his labour ashe desires (2) a registered trade union shallnot be liable inany auit or other 30 legal proceeding in any civil court in respect of any tortious act done in cgiltemplairioll or· furtherance of in indwd;rial ~8pute or tracie union' disptl'te ~ individual dispute by an' agcmt of the trade union if it is~pl'oved thatsueh -personaoie3 wit)aqut· tae'kbowledae f)f, or ooft~ll&ryto 'expn&8 ulirtruetaioaa - 'liven, ,by, tae elnlcutive ·;of ~ tncie -ion 35 58 noeaployee,who isa member of ii nctatend tit_un_ o£,em-~,s_lltde ctiecrijdinated l idlt~ dtrec:tly or indifec:tly, in any! f &he ~ uliittng' to his cqnditicns of tet'\'ice for ule-reuen ·'that iae ~8f" ~r iofsueh· tratie \minn of employees er contijn ' to~ all," emeer !>ilcrlmi nation int membert otrelil tered trade unionot f'lnploy pro-~ -, it no olice-bearer or member of a retijteradtrade union shall be liable to punishment under sub-section (2') of section l20b of the ir;ian penal code in respect of any agreement made between the members for ~e p\11'}lqle of furthering any such obj8clt of the wade union ac; is ~ifled in section 44 tmless the agreement is an agreement to commit an 5 offence bearers or members of rei isterecl trade unlonsnot uablefor c:ri:m1na1 c:onjplracy lncfttaln ceih chapter iv negotiating agent51 (1) a re~tered trade union of employees may, subject to the other provisions contained in this chapter, be certified as the sole 10 negotiating agent in relation to the employees of a negotiating unit if it has the support of not less than sixty-fi/ve per cent of such employees sole andehlef nelotiatin, alents, auocl'8te union and local union (2) a registered trade union of e'mployees may, subject to the other provisions contained in this chapter, be certified rs the chief negotiating agent in relation to the employees of a negotiating unit if it has the j 5 ilupport of mwe than fifty per cent, but less than sixty-five per cent, of such employees (3) notwithstanding anything contained in sub-section (1) or subsection (2), where there is only one registered trade union of employees carrying on its activities tor the beneftt of the employees of a negotiating 20 unit and it has the support of not less than forty per cent of such employees, it may, subject to the other provisions contained in this cliapter, be certjfied as the sole negotiating agent in relation to such employees (4) where there are two or more registered trade unions of employees c8j:tying on their activities for the benefit of the employees of a 25 negotiating unit, and one of such trade uniqns of employees is certified as the chief negotiating agent in relation to such employees, such of the other registered trade unions of employees having the support of not less than twenty per cent of such employees shall, subject to the other provisions contained in this chapter, be certified as associate union or asso- 30 c1ate unions in relation to such employees (5) where a registered trade union of employees or a negotiating committee referred to in sumeetion (6) has been certjfied as the sole negotiating agent in relation tc) the employees employed in two or more industrial establihments or undertakings 'or two or ~ore units, branches 35 or offices of the same industrial establishment or undertaking constituting a negottating unit, any other registered trade udion of employees carrytni on 'its activities for ·thebenefit of· the employees of any of the local units constituting such negotiating unit may, subject to ,the other pro '9i1ions colltained in thi chapter, be certified as a local union ill relation 40 to the employees last mentioned, if such trade union of employeesha the suppqrt of not less than forty per cent of such employees and is the trade union of employees (not being the registered trade union of employees certified as sole negotiating agent) having the support of the maximum number of employees dt such local unit us) where there is no registered trade union of employees carrying on its activities for the benefit of the employees of a nego1lating unit (g no such trade union is entitled to be certfied as the sole negotiating &,gent or chief negotiating agent in relation to such employees, a com-s mittee to be called a negotiating committee, shall be elected by such employees in such manner as hereinafter provided to discharge the functions of a sole negotiating agent 51 (1) where-(0) the support tor a registered trade union of emplqyees is pro-10 posed to be determined for the purpose of certifying it as sole negotiating agent or chief negotiating agent under sub-section (1) o~ section 60 or an election is to be conducted to choose the chairman or other members of a negotiating committee under section 61; or (0) the support for a registered trade union of employees is pro-15 posed to be determined for the purpose of certifying it as local union under sub-section (3) of section 60, the tribunal shall noti£y,-qualiftca hona for taking part in the deter_ mination of iupport iif - trade union of employees or for votin,in election tochoolo negotiat, u'l c0mmittee (i) in the case referred to in clause (0), on the notice board or notice boards of the industrial "establishment or undertaking or 20 industrial establishments or undertakings or the unit, branch or office or the units, branches or offices of the same industrial estab-hshment or undertaking, as the case may be, constituting a nego--tiating unit; or (ii) in the case referred to in clause (b), on the notice board of 25 the local unit; and (iii) in either case in such other manner as may be prescribed, its intention to determine such support or to conduct such election, as the case may be, and the date, time and manner and such other particulars relating to such determination or election, as may be prescribed 30 (2) all employees employe:} in the negotiating unit or the local unit, as the case may be, and who-35 (0) have been so employed (whether continuously or intermittently) for n1t less than ninety days during a period of one hundr'ed and eiglity days immediately preceding the date on which the intention to determine the support of the employees for such trade union or to conduct the election to the negotiating committee, as the case may be, is notified under clause (i) or clause (ij) of sub-section (1); and (b) have completed the age of eighteen yean on such date, -40 shall be entitled to take part in sueh determination of support for such trade union of employees or election to the ne,t:iatin committee, the case may be (3) where the notice referred to in sub-section (1) ii requlred by that sub-eection to be notified od more than one notlc:e board the date -4s on which it is notified "on the l t notice board shall, far the purpoha of sub-section (2), be deemed to be the date on which iuch notice illiotifted m (1) a registered trade uni('n of employees may apply for certification as negotiating agent in relation to the employees of a negotiating unit and such application shall state whether it claims h be certffted as sole negotiating agent or chief negotiating agent (2) save as otherwise provided in sub-section ,(4), the application s under sub-section (1) shall be made-application for certification of relistered trade union al negotiating &lent (a) where a negotiating unit has been constituted by the central government under the second proviso b clause (26) of section 2 and the application is for certification of a registered trade union of employees as negotiating agent in relation to the employees of 10 such negotiating unit, to the central government; (b) in other cases, to the appropriate government (3) where a registered trade union of employees applies for certification as negotiating agent and such certification is in relation to the employees employed in-15 (a) all the establishments wherein is carried on the same industry or all undertakings of such industrial establishments, situated in the same area; or (b) all tae units, branches or offices of the same industrial establishment or undertaking situated in different places, 20 and such industrial establishments ot undertakings, or units, branches or offices of the same industrial establishment or undertaking, have not been constituted as a negotiating unit under the provisos to clause (26) of section 2, the applicant shall specify in the application the prescribed particulars in respect of such industrial establishments or 25 undertakings, or units, branches or offices of the same industrial establishment or undertaking, and such application shall be made-(a) where such industrial establishments or undertakings, or units, branches or offices of the same industrial establishment or undertaking are situated in more than one state, to the central 30 government; and (b) in other ('ases, to the appropriate government (4) where the period for which any registered trade union of employees was certified as the negotiating agent in relation to the employees of two or more industrial establishments or undertakings, or 3s two or more units, branches or offices of, the same industrial establishment or undertaking, constituting a negotiating unit, has expired under sub-section (1) of section 64 or where such certificate is cancelled under sub-section (2), or deemed to be cancelled under sub-section (3), of that section, any other registered trade union of employees, or the 40 registered trade union of employees the period of whose certification 88 n~gotiating agent has expired, may apply for the re-constitution of the negotiating unit and certifying such registered trade union of employees' as the neg:)tiating agent in relation to the employees of the reconstituted negotiating unit and the provisions of sub-section (3) shall, 4s 10 far as inay be, ilppjy· in relation to such appiieatlon (5) where any registered trade union of employees has been certifled as sole negotiating agent in relation to the employees of a negotiating unit and such negotiating unit consists of two or more industrial establishments or undertakings or two or more units, branches or 5 offices of the same industrial establishment or undertaking, any other registered trade union of employees may apply, to the central government or the appropriate government, as the case may be, to whom the trade union first mentioned applied for certification as such sole ne-gotiating agent, for certification as local union in relation to the em-10 ployees of any of the local units constituting such negdtiating unit 55 (1) every appli-cation by a registered trade union of, employees, under sub-section (1) of section 54, for certification as negotiating agent in rel,uon to the employees of a negotiating unit shall state whether any other registered trade union of employees was certified as the is negotiating agent in relation t() such employees and shall contain such particulars as may be prescribed in respect of such trade union particulars which an application for certificr-tion as negotia_ ting agent or local union (2) every application by a registered trade union of employees, under sub-section (5) of sect:on 54, for certification as a local union in relation to the employees of a local unit shall-~hall c'lntain 20 (a) contain such particulars as may be prescribed in respect of the registered trade union of employees certified as sole negotiating agent in relation to the employees of the negotiating unit including the employees of such local unit; and 25 (b) state whether any other registered trade union of employees was certified as local union in relation to such employees and if so also contain such particulars as may be prescribed in respect of such trade union (3) every application by a registered trade union of employees for certification as negotiating agent, or local union shall, contain such 30 other particulars, be in such form and be accompanied by such fee as may be prescribed 56 (1) no application for the certification of a registered trade union of employees-(a) as negotiating agent in relation to the employees of a nego-35 tiating unit; or (b) as a local union in relatio,n to the empl~yees of a local unit, shall be entertained by the central government or the appropriate goverr1ment, as the case may be, if-(i) in the case referred b in clause (a), any other registered 40 trade union of employees or a neg:>tiating committee has been certified as negotiating agent in relation to the employees referred to therein; or bar a,ainst application by relistered trade union of employees for certi fication as negotiatin &gent, as ociate union or local union in certain cases (ii) in the case referred to in clause (b) any other registered trade union of employees has been certified as local union in rel~ion 4 ~ to the employees referred to therein: provided that such application may be entertained if a period of two years has expired after the date of certification of th~ o~her registered trade uniob of employees· or negotiating committee 'as ne,otia~ing alent ~r other registered trade· tinion of employees as local union, as the 50 case may be, or such certification as negotiating agent or local union has been cancelled under sub-section (2) of section 64 or is deemed to be cancelled under sub-section (3) of that section (2) a registered trade union of employees shall not be eligible to apply for certification as j1egotiattng agent, associate union or local union-s (ii) if it has not been functioning as a registered trade union-(i) where the application is for certification as local union for the benefit of the employees of the local unit concerned; or (ii) in other cases for the benefit of the employees of the negotiating unit concerned, 10 for a period of at least one year immediately preceding the date of making such application; or (b) if there is a finding of a tribunal that such trade union of employees has indulged in an unfair practice and a period of not less than six months has not elapsed after the date of such finding j s s1 (1) the central government, or the appropriate government, as the case may be, shall, after giving the appllcant and any other registered trade union of employees which is desirous of being heard, a reasonable opportunity of being heard and after making such further enquiry as it deems fit entertain the application if it complies with the provisions of section 55 and is not barred by sub-section (1) 01 section ~o 56 and the registered trade union of employees is not ineligible to apply for certification as negotiating agent or local union as the case may be, under sub-section (2) of section 56 ref rence of lipplication to tribunal for certification of negotiating ajedt or loeal uniob (2) the central government or the appropriate government, as the case may be, on entertaining an application by a registered trade union 2s of employees for certification as negotiating agent, shall after giving the applicant and any other registered trade union of employees, which is desirous of being heard, and the employer or employers concerned a reasonable opportunity of being heard decide whether having regard to the matters referred to in the first proviso to clause (26) of section 2 30 it is necessary or expedient to constitute a negotiating unit consisting of two or more industrial establishments or undertakings or two or more units, branches or offices of the same industrial establishment or undertaking (3) where the central government or the appropriate government, 3s as the case may be, is of the opinion that having regard to the matters referred to in the first proviso to clause (26) of section 2, it is not necessary or expedient to constitute a negotiating un;t as referred to in subsecuon (2) that government shall-(4) where the appucauoil referred to in eub-aectlon (2) hu 40 been made to the central government and that government is not the appropriate government, return such application for preeentatlon to the state govemment; or (b) where such application has been made to the appropriate govemment, refer it to the tribunal for certifying a negotiatin, -t (4) where the central government or the appropriate governmqnt, a5 the case may be, is of the opinion that having regard to the matters referred to in the firs~ proviso to clause (26) of section 2 it is nece~sary or expedient to constitute a negotiating unit consisting 'of two or tno"e 5 industrial establishments or undertakings or two or m'1>re units, branch~s or offices of the same industrial establishment or undertaking-(a) if such negotiating unit has already been constituted, refer the application referred to in sub-section (2) to the tribunal for certifying a negotiating agent in relati~n to the employees of 10 the negotiating unit; or ('b) if no such negotiating unit has already been constituted, that government may, by notification, constitute or re-constitute, as the case may be, a negotiating unit co'nsisting of-(i) all the establishments wherein any industry specified in is such notification is carried on, or all undertakings of such establishments, situated in the area specified therein; or (ii) all the units, branches or offices of the same industrial establishment or undertaking, situated in different places, and thereafter refer the application to the tribunal for certifyinr _ 20 a negotiating agent in relation to the employees of such negotiating unit: provided that where the application has been made to the central government and that government is not the appropriate government, if, having regard to the matters referred to in the first proviso to 25 clause (26) of section 2, that go'vernment is of the opinion that it is not necessary or expedient to constitute a negotiating unit consisting of two or more industrial establishments or undertakings, or two or more units, branches or offices of the same industrial establishment or undertaking situated in more than one state that government shall return the 30 application to the applicant for presentation to the concerned state government (5) the central government or the appropriate government, as the case nuly be, shall on entertaining an application by a registered trade union of employees for certification as the local union in relation to the 35 employees of a local unit decide whether it is necessary or expedient to certify a registered tl'ade union of employees as local union in relation to such employees for the effective representation of such employees in regard to the matters referred to in clause (4) of section 69 and if it is of the opinion that it is necessary or expedient so to do, it shall refer 40 the applieation to the tribunal for certifying ~ ~ union in relat!on to such employees; and i1 it is not of such opinion 1t ruul reject ~e application: provided that no application shall be referred to the tribwlal or rejected under thil sub-section without giving the applicant a reasonable 4s opportunity of being heard 58 (1) where, under sub-section (4) or sub-section (5) oj section 57, the central government or appropriate government, as the case may b~, refers an application for the certification of a registered trade union of employees as negotiating agent or local union to the tribunal, it shall direct that the support for the registered trade union or trade unions of 5 employees carrying on its or their activities for the benefit of such employees shall, for the purpose of certif~ing such trade union as negotiating agent, associate union or local union, be determined by the verification of the membership of such trade union or trade unions or by secret ballot and the tribunal shall determine the support for such trade union 10 or trade unions in accordance with such direction manner of determining suppor1 for registered trade union of employees for certifying negotiating agent, associate union or local union (2) in making any direction under sub-section (1) in regard to the manner of determining the support for any registered trade union or trade unions ot employees carrying on its or their activities for the benefit of the employees of a negotiating unit or local unit, the central gov- 15 ernment or the appropriate government as the case may be, shall have regard to the extent of trade unionization among such employees and the ratio of the number of such employees who are members of the registered trade union of employees which has made the application for certification as negotiating agent or local union, to the total number of such em- 20 ployees 59 (1) the tribunal to which the application is referred under section 57 shall obtain from the registrar particulars of the trade union or trade unions carrying on its or their activities for the benefit of the employees concerned 25 proce_ dure for enquiry ty tribunal (2) the tribunal shall thereafter cause a notice specifying the date of hearing of the application to be served in such manner as may be prescribed on the applicant and on each of the other registered trade union, or trade unions, of employees, if any carrying on its or their activities fer the benefit of the employees concerned 30 (3) the notice to be served under sub-section (2) on each of the other trade unions referred to in that sub-section shall be accompanied by a copy of the application (4) the tribunal shall also cause the notice and a copy of the application to be affixed-35 (a) in the case :>f an application for certiflcation as negotiating agent, on the notice board of the industrial establishment or undt-rtaking or unit, branch or (·ffice of the same industrial establishment or undertaking or as the case may be, each of the industrial elh!blishments or undertakings or units, branches or oftices ·of the kame 40 industrial establishment or undertaking, constituting the negotiating unit; or (b) in the case of an application for certiftcatidn as loealu~n, on the notice b:>ard of'the concerned industrial establishment or undertaking or unit branch or office of the same industrialest8blish- 45 ment or undertaking, as the case may be (5) subject to the· provisions of this 88ction, the tribunal shall enquire into the application in accordance with web procedure as may be prescribed (6) f,~r the purpose of enquiring into any application referred to it under s~tion 57, the tribunal may direct the registrar to furnish any informaticn or produce any document which is in the possession of the registrat and the registrar shall comply with such direction within such 5 time as may be allowed by the tribunal 60, (1) where the tribunal, after ascertaining the support for the applicant and the other registered trade unions of employees which have appeared before it in pursuance of the notice under sub-section (2) or sub-section (4) of section 59 and after making the enquiry under sub-10 section (5) of that section finds that the registered trade union of employees which has applied under sub-section (1) of section 54 for certification as sole negotiating agent or chief negotiating agent or any other registered trad€' union of employees which has appeared before it in pursuance of the, notice under sub-seclon (2) or sub-section (4) of sec-is tion 59 satisfies-certill cation of registered trade union of e'mplo_ yees a8 negotiating alent, associate union or local un'on (a) the condition specified in sub-section (1) of section 52; or (b) the condition specified in sub-section (2) of that section, the tribunal may certify suc}'! registered trade union of employees as sole negotiating agent or chief negotiating age'nt, as the case may be 20 explanation-for the removal of doubts it is hereby declared that a registered trade union of employees which has applied for certification as sole negotiating agent in relation to the employees of a negotiating unit may, in case it is not eligible to be certified as sole negotiating agent; be certified as chief negotiating agent in relation to such em-25 ployees if it satisfies the conditions therefor referred to in this subsection (2) where the tribunal, after the enquiry under suo-section (5) of section 59, finds that there are two or more registered trade unions of employees carrying on their activities among the employees of a nego-30 tiating unit and one of such trade unions of employees is certified by the tribunal as the chief negotiating agent in relation to such employees, the other such registered trade union or registered trade unions of employees shall be certified by the tribunal as associate union or associate unions if such reg:stered trade union or registered trade unions of 35 employees satisfies pr satisfy the condition specified in sub-section (4) of section 52 (9) where the tribunal, after ascertaining the support of the registered trade' union of employees which bas applied for certification as local union in relation to the employees of a local unit and of the other 40 registered trade unions of employees which have appeared befort" it in pursuance of the notice under sub-section (2) or sub-section (4) of section 59 and after making the enquiry under sub-section (5) of that section finds that the registered trade union of employees which has made the application or any of the other registered trade unions of employees 45 satisfies the conditions specified in sub-section (5) of section 52, the tribunal hall certify such trade union of employees as local union in relation to the employees of such local unit 61 (1) where in relation to the empl()yees of a negotiating unit-negotiat_ ing committee (a) in case such negotiatl1g unit consists of two or more industrial establishments or undertakings, or two or more lulits, branches or offices of the same industrial establishment or undertaking situated in more than one state, the central govern- ·5 ment; or (b) in other cases, the appropriate government, is of the opinion that there is no registered trade union of employees carrying on its activities for the benefit of sueh employees or the registered trade union of employees or, if there are two or more regis- 10 tered trade unions of employees, none of such trade unions of employees has the support of more than fifty per cent of such employees, the central government or the appropriate government, as the case may be, may direct the tribunal specially authorised in this behalf by the appropriate government to proceed to hold elections, by secret ballot, is among the employees, of such negotiating unit who are entitled to take part in such election under sub-section (2) of section 53, to constitute a negotiating committee to represent such employees (2) the negotiating committee constituted in relation to the employees of a negotiating unit shall consist of a chairman and such 20 number of other members as may be specified by the central government or the appropriate government, as the case may be, and in specifying the number of the members of the negotiating committee, the central government or the appropriate government shall have due regard to the total number of employees of the negotiating unit 25 and the total number of registered trade unions ot employees carrying on their activities for the benefit of, such employees (3) subject to the other provisions of this act, the manner of the election of the chairman and other members of a negotiating committee, the persons qualified to stand for election, the disqualiftcations for being 30 chosen as and for being such chairman or other member, the manner of settlement of disputes relat:ng to the election and the filling up of casual vacancies shall be such as may be prescribed (4) any registered trade union 01 employ-ees carrying on its activiti~ for the benefit of the employees of a negotiating unit shall be 35 entitled to put up candidates in the elections to the ofbce of the chairman and other members of the negotiating committee constituted for such negotiating unit (5) the procedure to be followed for the transaction of business of the negotiating cgmmittee (including the quorum for its meetings) 40 sha 11 be such as may be prescribed (6) no act or proc~ of the negotiating committee shall be deemed to be invalid by reason only of any vacancy in, or any dflfect in the constitution of, the negotiating committee (7) as soon as the chairman and other members ot a negotiatinl45 committee have been e1ected, the tribunal which conducted the e1ecttmw for choosing the chairman and other members of the negotiating ~ miuee shall certify it 88 the sole negotiating agent in relation to tbe employees of the ne~ting unit 12 ,where the tribunal certifies a registered trade union of employees as sole negotiating agent, chief negotiating agent, associate union or local union or a negotiating committee as sole negotiating agent it shall enter th~ particulars of such registered ~rade union of empl~yees or ,5 tl~gotiatirig committee, and the fact of its certification as sole negotiating "a,~cnt, chief negotiating agent, associate union or local union in a regis-,ter kf:pt in that behalf and issue a certificate in respect of its certiftca-'fiatt to such registered trade union of employees or negotiating committee, as the case may be enterinl particu lnra of certification in re,mer and communi cation ot certulcation ot negotiatina a,ent, ll8iociate union or local union 10, 63 whej"e-(1) a registered trade union of employees has been certifted- (a) as negotiating agent, or associate union in relation to the employees of a negotiating unit; or copiesot certificate to be folwarded to emplo_ yer concerned (b) as local union in relation to the employees of a local unit; or 15 (2) a negotiating committee has been certified as sole negotiating agent in relation to the employees of a negotiating unit, then, the tribunal so certifying shall forward a copy of the order of certification- ' zo (i) in the case referred to in subo-clause (a) of clause (1) or clause (2) to the employer or each of the employers in relation to the industrial, establishment or undertaking or industrial establish ments or undertakings or unit, branch or office or units, brant'hes or offices, of the same industrial establishment or undertaking, as '" the case may be, constituting the negotiating unit; or (ii) in the case referred to in sub-clause (b) of clause (1) to the ,employer in relation to the local unit, and also: where the negotiating unit was constituted by the central government to that government and, in other cases, to the appropriate '30 government 64 (1) every certification of a registered trade union of employees as negotiating agent, associate union or local union or of a negotiating committee as sole negotiating agent sha~ subject to the provisions of 8u~ sections (2) and (3) be in force for a period of two years from the date '35 of such certification: ',i' provided that'notwithstanding the expiry of the aforesaid period of two years, the certification of a registered trade union of employees as -, iole negotiating agent, chief negotiating agent or of a negotia~u1g com--"mittee as sole negotiating agent shall continue to be in force-| term | tor ||------------|--------|| which | || certiftea- | || uon | || of | || negotiat- | || ing'agent | || shall | || be | || vahd | || and | can- || cellation | || of | || certifi- | || cation | |(a) until a registered trade union of employees or negotiating committee is certified for the next following term as sole negotiating agent in relation to the employees of the negotiating unit;· or (b) until a registered trade union ofiemployees is oertiaed a chief negotiating agent in relation to such employees for the next following term , (2) the tribunal, which certified a registered trade union o£ emp,loyees as negotiating agent associate union or local union, may cancel 5 such certification, if, after giving such trade union of employees a reasonable opportunity of being heard and making such enquiry as may be pracribea, the tribunal is satisfied that such registered trade union of el'jlployees obtained the certification as such negotiating agent, associate union or local union by fraud or misrepresentation 10 (3) where the registration of a trade union of employees, which has been c~rtified as the sole negotiating agent chief negotiating agent, associate union or local union, is cancelled under bub-section (1) or subsection (2) of section 26, the certification of such trade unt~ as sole negotiating agent, chief negotiating agent, associate union or local union, rs as the case may be, shall be deemed to have been cancelled (1f) where the certification ot any registered trade union of employees as chief negotiating agent in relation to the employees of any negotiating unit is cancelled or is deemed to be cancelled, the certification of any other registered trade union or registered trade unions of 20 employees as associate union in relation to such employees shall be deemed to be cancelled (5) a copy of every order under sub-6ection (2) shall be fql'warded to the employer or employers, as the case may be, to whom copy of the order certifying the registered trade union of employees as negotiating 2s "gent, associate union or loeal union would have been forwlwed under section 63 and also-(a) where the negotiating unit was constituted by the central ~vernment, to that government; and (b) in other cases, to the appropriate government 30 66 when the certification of a registered trade union of employees as negotiating agent, associate union or local union is cancelled or deemed to be cancelled under sub-section (2) or sub-section (3), as the case may be, of section 64, the tribunal shall make an entry to that effect in the register referred to in section 62 3s htryid reliater of cancellation of cerwlcatioa 66 where-employer bouqd to ncoiniae aecotijt (4) any registered trade union of employees has been certified as negotiating agent or associate union or a negotiating committee has been certified as sole negotiating agent in relation to the employees of a negotiating unit;' 40 idca~nt, ~te ~ qd'loc!a1 aniqd (b) a registered trade union of employees has been certified as a local union, in relatien to the employees of a local' unit; the employer or employers, as the case may be, employing such employees shall, so long as such certification cootinues to be in force, re-, cognise-45 (i) the registered trade union of employees teferredto in clause , (4) as negotiating agent or associate union or the ne,atiatldg committee as sole negotiating, agent; or (ii) the registered trade union of employees referred to in clause (0) es local union rightaot negotiating agent • (1) a registered trade union of employees certified as sole negotiating agent or chief negotiating agent, is the case may be, under sub-s section (1) of section 60 or a negotiating committee certified as a sale befottating agent under sub-section (7) of section 61 shall be entitled-(a) to raise disputes with the employer or employers in relation to the industrial establishment or undertaking or industrial establishments or undertakings, or unit, branch or office, or units, branches or iq oftices of the same industrial establishment or undertaking, as the case may be, constituting the negotiating unit, in regard to general questions concerning employment or non-employment or terms of employment and conditions of labour of the employees of the negotiating unit and enter into agreements with such employer or em-is players, as the case may be, in pursuance of negotiations under section 97 or conciliation under section 98 or to agree to refer such· disputes for arbitration under section 100 or adjudication under sectioll 101; (b) subject to the other provisions of this act, to (:a11 for a 20 strike; (e) to obtain from the employer such accommodation for its oftlce as the employer is capable of providing; (d) to put up or cause to be put up a notice board on the premises of the industrial establishment or undertaking or each of the 25 industrial establishments or undertakings, or unit, branch or office or, each of the units, branches or offices of the same industrial establishment or undertaking, as the case may be, constituting the negotiating unit, and affix or cause to be affixed thereon, notices relating to meetings, statement of accounts of its income and expenditure and 30 ethel' statements or announcements other than statements or announcements which are subversive of discipline; (e) to hold discussions after prior intimation to the employer concerned with the employees of the negotiating unit within the premises of the industrial establishment or undertaking or any of the 3s industrial establishments or undertakings or unit, branch or office qr any of the units branches or offices of the same industrial establishment or undertaking constituting the negotiating unit, at such place as shilll be allowed by the employer concerned: provided that s\lch discussions shall not interfere with the due 40 working of the industrial establishment or undertaking; (i) to hold discussions with the employer or employers concerned or any person nominated by such employer or employers or with the representatives of a trade union of employers, for the purpose of redressing any grievance of all or any of the employees of the nego-45 tiating unit; (g) to hold discussions with the employer in relation to tht! industrial establishment or undertaking or any of the industrial establishments or undertakings or unit, branch or office or any of the units, branches or offices of the same industrial establishment or undertaking, constituting the negotiating unit, regarding the state of finance and economy of such industrial establishment or undertaking; - c' (h) to seek and receive as and when required information in rer gard to the finance and economy of such industrial establishment or 5 undertaking so as to enable such negotiating agent to make suaeations and proposals in order to safeguard the interests of the employees of such industrial establishment or undertaking or of the industrial establishments or undertakings or the public; (i) for the purposes of effectively discharging its functions under 10 this act, to inspect, by prior arrangement with the employer concerned, books of account maintained in the industrial establishment or undertaking or any of the industrial establishments or undertakings or the unit, branch or office or any of the units, branches or offices of the same industrial establishment or undertaking constitut- 15 ing the negotiating unit; (j) to nominate representatives of employees on grievance s(~ tlement authority constituted under rules made under this act; (k) to nominate representatives on behalf of employees on any body whether or not established by or under this act, in relation to 20 the negotiating unit and consisting of representatives of employees; (1) to represent all or any of the employees ·of the negotiating unit before any authority under this act; (m) in the case of a registered trade union of employees certifled as negotiating agent, to collect sums payable by the members 2~ thereof to such registered trade union of employees either directly or by the check-ofl' system; and (n) to exercise such other powers conferred on it by or under this act: provided that a negotiating agent shall not disclose any infonnation 30 obtained by it under clause (h) or in pursuance (if inspection of books of account under clause (i) to any person for any purpose other than for the purpose of properly discharging its functions under this act (2) a registered trade union of employees certified as chief negotiating agent in relation to the employees of a negotiating unit shall be en- 3s titled to exercise all the powers referred to in sub-section (1) notwithstanding that any or all of the registered trade unions of employees certified as associate unions in relation to such employees neglects or refuses to associate themselves with the exercise of such powers by such chief negotiating agent 40 88 the registered trade union of employees certified as an 8fi~~ciate union under sub-section (2) of section· 60 shall be entitled- rilhtaof auociate lnlona (a) to be associated with the chief negotiating agent in negotiation with the employer or employers, !lsthe case may b~or conciliation proceedings in regard to the matters specified in clause (a) ~ of sub-section (1) of section 67: ,pr9vided that any settlement ~rrived at in pursuance of such negotiation or conciliation shall be signed only by the representatives of the chief negotiating agent; (b) to collect sums payable by members of the assocfate union s either direetly'or by the cheek-off system; (e) to hold discussions with the employer concerned in regard to individual disputes for the settlement of such disputes; (d) to represent the employee or employees concerned in an individual dispute before the grievance ,settlement authority or the 10 labour court • a registered trade union of employees certifled as a local union hight 01 under sub-section (3) of section 60 in relation to the employees of a local local unit shall be entitledunion (a) to raise disputes with the employer in relation to such local unit in regard to matters exclusively of interest to any employee or employees of such local unit and to arrive at settlements either in pursuance of negotiations under section 97 or conciliation under section 98 or to agree to refer the dispute for arbitration under section 100 or adjudication under section 101: 20 provided that a local union shall not raise disnutes in regard to any matter which has, or is likely to have repercussions on the general conditions of service of the employees employed in two or more industrial establishments or undertakings or units, branches or offices of the same industrial establishment or undertaking constituting the negotiating unit: provided further that where any provision of any settlement arrived at by a local union in relation to the employees of a local unit either in pursuance of negotiations under section 97 or conciliation under section 98, is not consistent with any provision of any settle-30 ment arrived at by the negotiating agent in relation to such employees also, either in pursuance of negotiations under section 97 or conciliation under section 98, the provision of the settlement arrived at by the negotiating agent (whether such settlement is arrived at before or after the settlement arrived at by the local 3s union) shall prevri] and the provision of the settlement arrived at by the local union shall, to the extent of the inconsistency, be void; (b) to collect sums payable by members to the local union either directly or by the check-off system; and (c) to be associated with the chief negotiating agent, where the 40 employees in relation to whom such chief negotiating agent is certified includes employees of the local unit in relation to whom such local union is certified, in discussions with the employer regarding industrial disputes or other matters of interest confined only tp the employees of such ~ocal unit 4s 70 any registered trade union of employees whicll is not certified as a soj~ iwgotiating agent, chief negotiating agent, associate union or 10caj union under section 60 shall be entitled to represent the employee ()r emplo~s concerned in an individual dispute bef<ore the grievance sett1ementauthority or the labour court, if such employee or employees rights of other registered trade unions oil em ployees so is or are its member or members 11 during the period when 'py employee continues to be an officebearer of any repstered trade union of employees certified as negotiating agent, associate union or local unidn or continues to be the chairmml or other member of a negotiating committee and fur a further period of five years immediately after he oeaaes to be such oftice-dearer or chair-s man or member, the employer in relation to such employee shall not-(a) alter to the prejudice of such employee the coaditiona of service applicable to him immediately before he became such officebearer, chairman or member; or (b) discharge or punish (whether by dismissal or otherwise) 10 any such employee for anything done by him as such oftlce-bearer or chairman or member, not being anything done in contravention of any provision of this act or any other law protec_ tion of conditions of service of ofbcebearer8 of registered trade union of employees certified as nelotiating ageat, associate union or local uftioll and chairman anc:i members of negotiating committee chapter v standing ordersis applicatien of chapter 72 the provisions of this chapte~ shall oot apply to any industrial establishment or undertaking,-(a) which ordinarily employs less than fifty employees; or (b) which, during the period of twelve months immediately preceding the commencement of this act, ordinarily employed less 20 than fifty employees: provided that the appropriate government may, after giving not less than two months' notice of its intention so to do by notification, apply the provisions of this act to any industrial establishment or undertaking employing sllch number of persons, less than the number specified in 2s clause (a) or clause (b), as may be specified in the notification , 73 (1) the central gevernment shall, by notification, make standing orders t:> provide for the following matters, namely:-making of stand_ ing orders (a) classification of employees, that is to say, whether })ermanent, temporary, apprentice probationers, badlies; 30 (b) conditions of service of employees, including matters relating tattle issue of orders of appointment of employees, procedure to be followed by employees in app1rtng for, and the authority which may grant, leave and holidays; (c) misconduct of employees, enquiry into such miseonducl and 35 punishment therefor; (d) superannuation of employees; and (e) shift working of employees, and the provisions of such standing orders shall, subject to the provt lions of sub-section (2), be in operation in every industrial establfib- 40 ment and undertaking to which this chapter appjies whether or not 1he central government is the approprjate government in relation too sueb industrial establishment or undertaking erplanation-for the purposes of clause (a), section 82 and the fourth schedule "badli employee" means an employee who is employed in an industrial establishment or undertaking in the place of another employee whose name is bome on the muster rolls of such establishment 5 or undertaking" as the case may be, who shall :ease to be regarded as such for the purposes of the provillions aforesaid if he has completed one year of continuous service in the industrial establishment or under~ taking, as the case may be (z) the provisions of standing orders made udder sulhection (1) 10 may be modifted by the employer, in relation to ally industrial establishment or undertaking, if an agreement is entered into by him with the negotiating agent in relation to the employees employed in such indulptrial establishment or undertaking for such modification: p!'ovicmtd that where any ul'lit, branch or office of an industrial estab-is' llshment or undertaking is a negotiating unit, the agreement between the employer in relation to sucll unit, branch or offic~ and the negotiating agent in relation to the employees employed therein, any such modfft· cation shall apply only to such unit, branch or otbee: provided further that no provision of the standing orders shall be 20 modifted if the proposed modification preljudicially affects the employees concerned interpretation, etc, of standin orders 74 if any question arises as to the application, or interpretation of the standing orders made under sub-section (1) of section 73 or the modifications made therein by an agreement entered into under sub-25 section (2) of that section, the employer or any employee or employees concemed or the negotiating agent in relation to the employees employed in the industrial establishment or undertaking, or untt, branch or oftlce of an industrial establishment or undertaking, wherein the question has mised may apply to the laoour court, within the local limits of whose 30 territorial jurisdiction such industrial establishment or undertaking or uftit branch or oftice is situated, to decide the question and the labour court shall, after giving all the parties concemed a reasonable opportunity of being heard, decide the question and such decision shall be hal: 3s prcmdeci that where a negotiating unit consists of mon! thad one unit, branch or oftice of the same industrial establishment or undartakillg 'atld the question aforesaid has arisen between the employer in relation to such industrial establishment or undertaking and the employees emplofed in two or more units, branches or oftk:es of tnat industrial eetab-40 lisbment or undertaking, the application to decide the question shall be made to the labour court within whose territorial jurisdiction the head office of such industrial establishment or llnqertaking is situated 75 (1) where any employee is suspended by the employer pending investigation or enquiry into compwnts or charges of misconduct against 4s him, such investigation qr enquiry or where there is an investigation followed by an enquiry, bortlh the investigation and enquiry shall be completed ordinarily within a period of ninety days from the date of suspension (2) the standing orders made under sub-eectlon (1) of section 73 or so modified under sub-sectlon (2) of that section shall provide that where an employee is suspended as aforesaid the employer in relation to an industrial establishment or under!taking shllu pay to such employee employed in such industri&1 establilhmefti or undertaking suhsiateaa:e allowance at time lidda far ,omple tioll of ctiiciph-na7 proceedings and liability to pay subaia tence allowance the rates specified in sub-section (3) for the period during w~ich such employee is placed under suspension pellding invest4gationor enquiry into compladnts or charges of misconduct against su~h employee (j) the amount or subsistence allowance payable under sub-section (2) shall be-5 (a) fifty per cent of the ~ages which the employee coneemed was in receipt immediately preceding the date of suspension, for the first thirty days of suspension; c (b) seventy-five per cent of such wages for the next thirty days of suspension; and 10 (c) full wages for the remaining pbft of the period of suspension: provided that where ihe delay in the completion of disciplinary proceedings against the employee is directly attributable to the conduct of \such" emplqyee, the rates of subsistence allowance payable to sij,ch employee for any period after the expiry of the first period of thirty days is of suspension shall be le than the rates specitied in this sub-section f<lr such period, by twenty-five per cent of the rates sq specified (4) if any doubt or dispute arises regat'ding the quantum or rate of subsistence allqwance payable to an employee under this section, the employee or the employer concerned may apply to the labour court within 20 !the local jirnits of whose jurisdiction the indwfrial establishment orr undert'aking or unit, branch or office of an industrial establishment or undertaking wherein such employee is employed i~ situate, ,and the decision of the labour court shall be final laying of btandin, order before the houses of parliament 76 every standing order made by the central government under 8ub~ 2s section (1) of section 73 shau 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 ~ tjurlydays, which may be comprised in one sesaion or, in tw-o qrinore suqcessive sessions, and if, before the expiry of the seqion ~ediately following the session or the s~essive sessions aforesaid, both houses 30 agree in making any modifb:ation in the standini order or qoth houses agree that the standing order shotuld not be made, t:hie ~cijnlj ol'der shall thereafter have effect only in such modified form or be of no ~t, as the qase may be; &0, however, that ~ such modification ~ ~ulment shall be without prejudice to the validity of, anything previously 3s done under that standin& order chapter vi procedure pod change in terms of employment and conditions of labour and regulation of conditions of zmploymznt bt govbrnmlln':, 77 (1) where an~loyer proppses to effect any change in the 40 terms of employment or conditions of labour applicable to any employee in respect of-notice of change of terms of employmet and eoddi-tjmai·of labour (a) hours of work and rest interval; (b) withdr,wal of any customary concessi~ns 'or priv~~ge or change in usage; or , 45 (c) any increase or reduction (other than casual) in the number of persons employed or to be employed in any occuptltion or process or department or shift (not: occasioned by : circums~~es over which the employer has no control), be • hall not e1fect such ~hange-50 (i) without giving"to the employee likely to be afteeted by ilich change a notice in the prescribed manner of the nature of the chanie proposed to be effected; or (it) within twenty-one days of the giving of such notice (2) the employees affected by such change or the negotiating agent s in relation to such employees may object to the proposed change in the conditions of employment and, where the employer and the employees do not agree to the proposed change the provisi'ons of this act shall apply in relation to such dispute as they apply in relation to any other industrial dispute 10 (3) notwithstanding anything contained in sub-section (1), no notice shall be required under sub-section (1) for effecting any change where the change is proposed to be affected in pursuance of any settlemmt or award of an arbitrator or a labour court, tribunal or the national commission is (4) in respect of any matter relating to terms of employment or conditionsof labour applicable to any employee, other than a matter referred to in sub-section (1), no employer shall, subject to the provisions of subsection (1), effect any change unless the employees likely to be affected by the proposed change have agreed to it by a settlement arrived at 20 by such employer and the negotiating agent (5) where the employer and the negotiating agent fail to arrive at a seltlement in regard to any change in respect of any matter relating to terms of employment or conditions of labour to which sub-section (4) applies or the negotiations to arrive at a settlement continue for a 2s period of more than sixty days, the employer and the negotiating agent shall forward, jointly or separately in the prescribed manner a report to the conciliation officer, having jurisdiction in relation to the dispute, regarding the failure of the negotiations or the continuance thereof as aforesaid and the facts of the dispute 30 (6) the provisions of this act, except section 94 and section 112 shall apply in relation to any dispute referred to in sub-section (5) as they apply in relation to any other industrial dispute (7) no change in respect of any matter relating to the terms of employment or conditions of labour to which sub-section (4) applies shall 3s be made ejreept after and in accordanc? with t~e settlement referre~ to in that sub-section or a settlement arrived at in the course of conciba-, tion under section 98 or the award of an arbitrator or of a labour court, tribunal or the national commission, as the case may be 18 (1) notwithstanding anything ('ontained in section 77, during the 40 pendency of any conciliation proceeding before a conciliation officer or of any proceeding before an arbitrator or a labour court or a tribunal or the national commission in respect of an industrial dispute, no em· ployer shall-| terms ||-------------|| employ- || ment, etc, || to || remain || un- || ellanged || under || certain || cit'cuiiw- || tancel |(ii) in regard to any matter connected with the dispute, alter, 4s to the prejudice of the employees concerned in such dispute, the terms 01 employment or conditions of labour applicable to them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any employees concern-so ed with such dispate, ave with the express 111!rtnission, in writing, of the authority before which the proceeding is pending (!") during the pendency of any proceeding referred to: in 8ub-seetion (1) in regard to an industrial dispute, the employer may, subject to the other provisions of this act-(a) alter, in regard to any matter not connected with the dispute, the terms of employment or conditions of labour applicable to 5 that employee immediately before the commencement of such proceeding; or (b) for any misconduct not connected with the dwpute, diecharce or punish, whether by dismissal or otherwise, that employee: provided that no such employee shall be discharged or dismissed, 10 unless he has been paid wages for one month and an application has been made by the employer to the authority ,before which the application is pending for the approval of the action taken by the employer (3) where an employer c9ntravenes the provisions of this section during the pendency of any proceeding referred to in sub-section (1), any i~ employee aggrieved by such contravention, may make, a complaint in writing, in the prescribed manner to the authority before which such proceeding is pending, and such authority shall, on receipt of such complaint, adjudicate upon the complaint and in so doing the authority shall have all the powers conferred by or under this act on a labour court 20 while adjudicating an individual dispute reaulation of conditiona of employ_ mentby government 79 (f) where it appears to the appropriate government that an industrial dispute exists between an employer in relation to an industrial establishment or undertaking and the employees employed therein and in respect of such industrial dispute that government has received a re 25 port regarding the failure of conciliation proceedings under sub-section (5) of section 98, the appropriate g:lvernment, ,if it appears to that government that in the public interest it is necessary to make provision in regard to all or any of the following matters, it may, by general or special order notified in the official gazette, make provision-30 (a) prohibiting, subject to the provisions of the order, strike or lock-out in connection with such industrial dispute in any industrial establishment or undertaking, other than an industrial establishment or undertaking wherein any industry which is an essential service is carried on or any undertaking of such industrial establishment; 35 (b) requiring employers, em!=lloyees or both to observe such terms a'ld conditions of employment (including terms and conditions relating to work load and manning, wages and payment of interim or ad hoc bonus) as may be specified by, or datermine<1 in ac:oordance with, the order; 40 (c) requiring any industrial establishment or undertaking or any part thereof not to close or remain cloeed or stop production; (d) requiring/the employees not to slow down work or continue to slow down work; (e) requiring any industrial establishment or undertaking not 45 to suspend, or terminate the services of, any employee or any class of' employees; and (1) any incidental or supplementary matter which appear to the apptopriate government to be necessary or expedient for the purpose of the order: so p~vided that no order made under clause (b) shall require an employer to observe terms and conditions of employment, less favourable to the employees than those which were applicable to them at any time within ninety days preceding the date of the order s (2) where such industrial dispute is referred to tor arbitration under sectioa 100, the order made under sub-section (1) shall-(a) in so far as it makes provi~;on in respect of matters referred to in clause (a) of that sub-section, cease to be in force on the date on which such reference is made [such cesser being without pre-10 judi<:e to the provisions of sub-clause (ii) of clause (d) of sub-section (2) of section 89 or sub-clause (ii) of clause (d) of sub-section (7) of that section]; and (b) in so far as it makes provision in respect of matters referred to in clauses (b), (c), (d), (e) and (j) of that sub-section cease to is be in force with effect from the date on which the award of the arbitrator in regard to such industrial dispute comes into operation (3) where such industrial dispute is referred to a labour court, tribunal or the national commission under section 101 or section 104, as the case may be, the order made under sub-section (1) shall-20 (a) in so far as it makes provision in respect of matters referred to in clause (a) of that sub-section, cease to be in force on the date on which such reference is made [such cesser being without prejudice to the provisions of sub-clause (ii) of clause (d) of sud-section (2) of section 90 or sub-clause (ii) of clause (d) of sub-section 25 (7) of that section]; and (b) in so far as it makes provision in respect of any matter referred to in clauses (b), (c), (d), (e) and (f) of that sub-section cease to be in force-30 35 (i) on the expiry of a period of ninety days from the date on which the industrial dispute is referred to the labour court, tribunal or the national commission; or (ii) where before the expiry of the aforesaid period of ninety days, the labour court, tribunal or the national commission makes an award granting interim relief in respect of any such matter, on the date with effect from which such interbn award becomes enforceable (4) where such industrial dispute is not referred to for arbitration under seeti()ft 100 or for adjudication to the labour court, tribunal or thel nati0ll'181 cmnmission· under section 101 or section 104, as the case may 40 be, before the expiry of a period of six months from the date on which the order made under su\:)section (1) is notified, the order shall cease to be in force on the expiry of such period chapi"er vii l\y-<>ff, re'1'renchment and closure45 80; ·in this chapter "continuous service", in relation to an employee, definimeans the uninterrupted service of such employee, including his service tion of of 'elm th bed 1 contlnuou which may be interrupted on account sl ess or unau or eave _i_ ti se,-y or an accident or a strike which is not illegal or a lock-out or a cessa on of work which is not due to any fault on the part of the employee explcmation i-where an employee is not in continuous service within the meaning of this clause for a period of one year or six month , he shall be deemed to be in continuous service under an employer-10 (a) for a period of one year, if the employee during a period of twelve calendar months preceding the date with reference to 6 which calculation is to be made has actually worked under the employer for not less than-(i) one hundred and sixty days in the case of an employee employed below ground in a mine; and (ii) two hundred days, in any other case; (b) for a period of six months if the employee during a period of six calendar months preceding the date with reference to which calculation is to be made has actually worked under the employer for not less than-(i) eighty days in the case of an employee employed below is ground in a mine; and (ii) one hundred days, in any other case explanation-for the purposes of explanation 1, the number of days on which an employee has actually worked under an employer shall include the days on which-20 (i) he has been laid-off under an agreement or as permitted by or under this act or any other law applicable to the industrial estab· lishment or undertaking; (ii) he has been on leave on full wages earned in the previous years; 25 (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and rights ofemployee laid-oft tor compen aation and duty of ~lnployer to maintain muster roll ofemployee notwithstandln, ja7'~ft (iv) in the case of a female, she has been on maternity leave, so, however that the total period of such maternity leave does not exceed twelve weeks 30 11 (1) whenever an employee whose name is borne on the muster rolls of an industrial establishment or undertaking (whether or not such establishment or undertaking is of a seasonal character or in which work is performed only intermittently) employing twenty or more persons and who has completed not less than one year of continuous service under an 35 employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-oft, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the tdtal of the wages, that would hav~ been payable to him had he not been so laid-off, for the first thirty days 40 of lay-01l and thereafter compensation which shall be equal to seventyfive per cent of the total of the wages so payable: provided that employees engaged in any industrial establishment or undertaking which is of a seasonal character shall be entitled to com· pensation under this sub-eection only in relation to any lay-oft during the season in which such industrial establishment or undertaking ordi- 4s narity carries on its activity (2) no compensation shall be payable by the employer under subsection (1) to an employee who has been laid-off-(ct) if he refuses to accept any alternative employment in the so same e$tablishment or undertaking from which he has been laid-off, or in any other establishment or unde-rtaking belonging to the same ~loy~r situate in ~he same town or village or within a radius of eight kilometres :from the industrial establishment or undertaking, as the case may be, to which he belongs, and-5 (i) such alternative employment does not, in the opinion of the employer, call for any special skill or previous experience and can be done by the employee; (ii) the wages which would normally ha"e been pai4 to the employee had he not been laid-off are offered for the alternative employment also; and 10 , (iii) the acceptance of the alternative elllployment does not involve undue hardship to the employee having regard to the facts and circumstances of his case; or j5 (b) if he does not present himself for work at tbeindustrial establishment or undertaking at the appointed time during normal working hours at least once a day; (c) if such laying-off is due to a strike or slowing 'down of production on the part of employees in another part of the industrial establishment or undertaking (3) notwithstanding that employees in any industrial establishment 20 or undertaking have been laid-off, it shall be the duty of every employer to maintain for the purpose of this chapter a muster roll and to provide for the making of entries therein by employees who may present themselves for work at the establishment or undertaking at the appointed time during normal working hours under clause (b) of sub-section (2) prohibition of lay-of! ill certain circums_ tances 2s 8z (1) no employee (other than a badli employee or a casual employee) whose name is borne on the muster rolls of an industrial establishment or undertaking (not being an industrial establishment or undertaking of a seasonal character or in which work is performed only intermittently) in which not less than one hundred employees were employed 30 on an average per working day for the preceding twelve months, shall be laid-off by his employer except with the previous permisslon of such authority as may be specified by the appropriate government by notifi cation (hereafter in this section referred to as the specified authority) (2) nothing in sub-section (1) shall apply to lay-off of employees 35 nece8sitated by-(a) shortage of power; (b) natural calamity; (c) major breakdown of machinery; (d) strike or slowing down of production em the part of em-40 ployees in another part of the industrial establishment, or undertaking; or (e) in the case of a mine, flood, fire, excess of inflammable gas or explosion: :',provided twt where the lay-off is necessitated by the reasons referred to in clause (c), (d) or (e), the employer shan, wltb1n a period, 45 of thirty days from the date of the commencement of t~e lay-off, apply to the specified authority in the prescribed form for the approval of such lay-off i'~lanation-for the purposes of this sub-section only a break-down of machinery which cannot be :rectified within a period of seven days from the date on which the employees concerned were rendered idle od account of such break-down shall be deemed to be a major break-down of machinery and any lay-off due to a major break-down of machinery shall be deemed 1x>have commenced only on the expiry of such period of seven days ' s (3) where the employ~ (other than badli employees or casual f!mployees)' of an industrial establishment or undertaking referred to in sub-section (1) and to which chapter vb of the industrial disputes act, 1947, did not apply have been laid-off before the commencement of this 14 (if 1947, act, and such lay-oft continues at such commencement the employer in 10 relation to such establishment shall, within a period of fifteeon days from such commencement, apply to the specified authority for permission to continue the lay-ojf (4) in the case of every application for previous permission for 1ayoft under sub-section (1) for the approval of lay-off under the proviso to is sub-section (2)" or for permission to continue lay:otl under sub-section (3), the specified authority may, after making such inquiry as it thinks fit, grant or refuse, for reasons to be recorded in writing, the permission applied for (6) where an application rot' previous permission to lay-off under sub- 20 section (1) for· the approval of lay-off under the proviso to sub-section (2) or for permi&s:ion to codiinue lay-off under sub-section (3) has been made andcthe,speeified authority does not communicate the permission or approval to the employer within a period of sixty days hom the date on which the application is made, the permission applied for, shall be deem- 25 ed to have been granted on the exp!ration of the said period of sixty days (6) where do application for the previ()us permission to lay-ott under sub-sec~on (1), for the approval of lay-off under the proviso to subsection (b) or for penniion to continue lay-off under sub-section (3) has been'made or where such permission or approval has been refused, such 30 lay-oft shall be deemed to be illegal from the date on which the employees haw been laidooff and the employees shall be entitled to all the benefits und8:auyaawb the time being'iil force as if they~ad not been laid-off (7) if a question arises whether an industrial establishment or undertaking is of a seasonal character or whether work is performed therein 3s only intermittently, the decision of the appropriate government thereon shall be final 83 (1) no employee employedl in any industrial establishment oil' undertaking who has been moentinu0u8 se~ for not less than one year under, any employer shall,1)e rtrodched by that employer until-40 (4) the employee has been given-condltiona pji!-ceda for ~ trerdlment-ot 'employees (i) where such establishment or undertaking has been employing less than one hundred, persons on an average pet workin~ ~y d~ the preceding twelve !!'mnths, thirty dap' douce; and ; 4s (ii) in ~ c~ ofany other ~dusttlal establlabnumt or undertaking, ninety days' notice, ittwtiting idgicatb:a&~,the, ~ ,for rettenc~nt and the perioct of' aotiae hat exp;red, or the employee haa beert· 'paid~ i4 nett' of' such notice, wages for the period of, notice: 'provided that no such n:otice shall be necessary if the retrench· ment is under an agreement whk-h specifies a date for the termination of service of such employee; 5 10 (~), ,in the case of an em~c>yee"employediq ,any industrial estawishment or undertaking in which not less than one hundred employees were employed on an av€rage per working day during the preceding twelve months' notice in the prescribed manner stating clearly the reasons for the retrenchment is served 011 the appropriate government or such, authority as may be specified by the appropriate go:vemment, by notification (hereafter in this section referred to as the specified authority) and the permission ':),f such government or authority is obtained under aub-section (2); an:! 15 (c) the employee has been paid, at the time o~ retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or part thereof in excess of one hundred and eighty days (2t on the receipt of a notice under clause (b) of sub-seetion (1), the appropriate government or the specified authorlty,as the case may be, may, after making such inquiry as such government or authority thinb 20 fit grant or refuse, for reasons to be recorded in writing, the perrnissio'ft far the retrenchment to which the notice relates (3) where the appropriate government or specified authority, as the case may be, does not communicate the permission or the refusal to grant the permission to the employer- within a period of ninety days of the date 25 of service of the notice untier clause (c) of 9ub-seeti()n' (1), the iippropriate government or the specified authority shall be deemed t~ have granted permission for' such retrenchment on the expiration of the said period of, ninety days (4) where at the commencement of this act, the period of notice it of 1947 30 given under clause (a) of section 25f of the in,dustrial disputes act, 1947 for the retrenchment of any employee employed in any industrial establishment or undertaking to wh'ch chapter vb of the industrial disputes act, 1947, did not apply, has not expired, the employer shall not retrench the employee but shall, within a period of' fifteen days from such com-35 -mencement, apply to the appropriate government nl" to the specified authority for permission for retrenchment of such employee (5) where an application for permissien has been made under sub section (4) and the appropriate government or the specified authority, as the case may be, does not communicate the permission or refusal to grant 40 the permission to the employer within a period ofstxty ;days from the date on which the application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days (6) where ao notice under clatule(b) of sub-section (1) has been ·45 '~i~en,or whe~ no' application under'sub-aection (4) is ,made within thp 'pel'jdd specifted therein or, in either case, where 'the, permission for retrenchment has been refused, such retjrenchment shall ,be deemed to be illegal from the date on which the notiee ' retrenchment was given to the' employee and the employee shall be entftled to all the benefits under 50 any law for the time being in' force as if do sucb notice had been given to him ' procedure for retrenchment m where any employee in an indu~trial establishment or undertaking who is a citizen of india, is to be retrenched and belongs to a particular category of employees in that establishment or undertaking, then, in the absence of any agreement between the employer and the employee in this behalf, tbe employer shall ordinarily retrench the employee who s was the last person to be employed in that category, unless for reasons to be ~ecorded the employer retrenches any other employee reemploymentof retrenched employee 85 where any employees are retrenched, and the employer p'l'oposes to take into his employment any person, he shall, in such manner as may be prescribed, give an opportunity to the retrenched' employees 10 who are citizens of india to offer themselves for re-emj1loyment and such retrenched employees who offer themselves for re-employment shall have preference over other persons computation ot the layoff and retrenment compen8ation 86 where an employer refuses or fails to pay lay-off or retrenchment compensation, as the case may be, the employee concerned may by an is ap'plication, make a claim before the labour court for computing the amount so due, and the labour court shall, after giving the employer and the employee concerned an oppc>rtunity of being heard in such manner as may be prescribed, make an award computing the amount and directing the employer to pay the same to the empl()yee 20 compensation to employees in case of transfer of industrial establish_ ment or undertaking 87 (1) where the ownership or management of any industrial establishment or undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that establishment or undertaking (hereafter in this section referred to as the transferor) to a new employer (hereafter in this section referred to as the trans- 25 feree)-(a) every emj1loyee who has been in continuous service for not less than one year in that establishment or undertaking immediately before such ttansfer shall be entitled' to continue employment in that establishment or undertaking under the transferee on the 30 same terms and conditions of service as if such establishment or undertaking had not :t>een transferred; (b) the transferee shall be liable in respect of all the claims, wbich the employees of such industrial establishment or undertaking had against the transferor and such liability shall not be 35 extinguished by any agreement entered into by the transferee with the transferor, or the employees employed in that establishment or undertaking, or with both (2) nothing in sub-section (1) shall be deemed to prohibit the retirement of any employee on the baais of mutual agreement or in pur- 40 suance of any voluntary tetirement scheme 88 (1) no emp'loyer shall close down an industrial establishment or urtiertaking unless he has served, for previous permission, at· least ninety days before the date on which the intended closure is to become effective, a notice in the prescribed manner, on the approprlate gov- 45 ernment stating clearly the reasons for the intended closure of the industrial establishment or undertaking and obtains the permission of the app'roptiate govetnme!l;t}~ such closure: provided that not~g in this sectio,n shall apply to an industrial establishment or undertaking set up for the construction of only any conditions precedent to closure of any innus_ tria1 establishment or undertaking one plltticular building, bridge, road, canal or dam or sueh other construction work (2'): on receipt of a notice under sub-section (1), the appro}1riate government may, if it is satisfied that the reasons for the intended 5 closul!e of the iadustrial establishment or undertaking ar~ not adequate andsuftlcient or ii1:lch closare is prejudicial to public intel'est, by order, direct tm etiiployer not to dole down such establishment or undertaking i (3) where a notice has been served on the approp'riate gi>vernment, 10 under sub-section (1) of section 25ffa of the industrial disputes act, 14 of 1947 1947, by an employer in telation to an industrial establishment or undertll'king to which chapter v!j of the aforesaid act does not apply and the period of notice has not expired at the commencement of this act, such 'employer shall not close down such industrial establishment or 15 undertaking but shall, within a period 01 fifteen da;ys from such com-·mencement apply to the approp1'iate government for ~ission to close down the undertaking (4) where no notice for permission to close down bas been served t:uilder sub-section (1) or where do application for permission is made 20 under sub-section (3) within the period specified therein or the permis-'sian for closure has been refused or the industrial establishment or undertaking hal been closed down before obtaining such permission, the closure of the industrial establishment or undertaking shall be deemed to be illegal from the date of closure and the employees shall be entitled 25 to all the benefits under any law for the time being in force as if the industrial establishment or undertaking, as the case may be, has not been dosed down (5) notwithstanding anything contained in sub-section (1) and subsection (3), the app'i'opriate government may, if it is satisfied that owing 30 to such exceptional circumstances as accident in the industrial estabiishment or undertaking or death of the employer in 1"el8tion to such industrial establishment or undertaking or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in rekltion to such establishment or undertaking for such period as may 35 be specified in the order (6) where on receipt of a notice under sub-section (1) or application for permission under sub-section (3) an industrial estabhshment or undertaking is permitted by the appropriate government to be closed down, every employee in such establishment or undertaking, who has 40 been in continuous service therein for not less than one year immediately before the date of the notice under sub-section (1) or application for permission under ~ub-section (3), shall be entitled to dotice and compensation as specified in section 83 as if the said employee had been retrenched under that section 45 (7) the provisions of this section shall apply to every industrial establishment or undertaking irrespective of the number of employees employed therein: provided that no previoas pennisroil shan be required for the closing down of any industrial establishment or undertaking in which-50 (a) not more than one hundred employees are employed; or (b) not more than one hundred employees were employeci ,on any working day during the preceding twelve months ii if the appropriate government is of opinion, in respect of any industrial establishment or undertaking, othet than an industrial establishment or undertaking referred to in the proviso to sub-section (7) of s section 88, to which chapter vb of the industrial disputes act, 1947, did aof 1947 not apply is closed down before the commencement of this act,-(a) that such establishment or undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer; 10 (b) that there are possibilities of restarting such establishment or undertaking; special provision as to restarting of industrial establish· ment or under takine closed down before corn--enee· mentof the act (c) that it is necessary for the rehabilitation of the employees employed in such establishment or undertaking before its closure or it is in public interest to restart sueh establishment or under· l5 taking; and (d) that the restarting of such establishment or undertaking shall not result in hardship to the~ employer in re1ation to the establishment or undertaking, it may after giving reasonable opportunity to such employer and the 20 employees employed in such establishment or undertaking, direct, by order published in the official gazette, ijlat the establishment or undertaking shall be restarted within such time (not being less than thirty days from the date of the publicatioo of the order) as may be specified in the order 25 chapter viii "s'i'rljtes and lock-outs90 (1) no employee employed in any essential service shall go on strike in breach of contract prohibition of strikes and lockouts (2) no person employed in any industrial establishment or undertak- 30 ing (other than an essential service) shall go on strike in breach of contract-(a) without giving to the employer a notice in writing of strike, as hereinafter provided, within six weeks before striking; (b) within fourteen days of the giving 'of such notice: 35 (c) before the expiry of the date of strike specified in any such notice as aforesaid; and (d) during~ (a) (i) the pendency of any conciliation' proceedings in respect of any industrial dispute before the conciliation offteer 40 and fourteen' days after the conclusion of such proceedings, or (ii) the pendency of any proceedings before an arbitrator or a labour court, tribunal or national commission, as the case may be, and sixty days after the conclusion of such proceedings, in repect of any matter in relation to which such proceedings are 45 pending; or (b) during the peri«l in which a setuement arrived at in the course of negotiations under section sn or conciliation under section 98 or an award is in operation, in respect of any of the matters covered by the settlement or award: s provided that no notice under this sub-section of the proposed strike shall be necessary where there is already in existence a lock-out in the industrial establishment or undertaking, but the negotiating agent shall give intimation of the strike to the appropriate government in the prescribed manner to (3) every decision to go on strike shall be supported by not less than lixty per cent of the employees in a strike ballot conducted in such manner as may be prescribed prior to the giving of the notice referred to in clause (a) of sub-section (2) and the notice shall be given by the negotiating agent in such form as may be prescribed is (4) the registrar shall have general power of supervision and superintendence over the conduct of strike ballot and he sball also decide, in such manner as may be prescrlbed, any dispute pertaining to a strike ballot and he may exercise such powers either on his own motion or on a request made in that behalf by any employee or the employer 20 (5) no employer in relation to an essential service sball lock-out his employees (6) no employer in relation to any industrial establishment or undertaking (other than an essential service) shall lock-out any of bis employees-2s (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking out; (b) within fourteen days of the giving of such notice; (c) before the expiry of the date of lock-out specified in such notice as afol'esaid; and 30 (d) during-(a) (i) the pendency ot; any conciliation proceedini/i in respect of any industrial dispute before the conciliation officer and fourteen days after the conclusion of such proceedings, or 3s (ii) the pendency of any proceedings before an arbitrator or a labour court, tribunal or national commission, as the case may be, and sixty days after the conclusion of such proceedings, in respect of any matter in relatioon to which such proceedings are pending; or (b) during the period in which a settlement arrived at in the course of negotiations under section 97 or conciliation under section 98 or an award is in operation, in respect of any of the matters covered by the settlement or award (7) no notice under sub-section (6) of the proposed lock-out shall be necessary where there is al~ady in existence a strike in the industrial establishment or undertaking, but the employer shall give intimation 45 of such lock-out to lhe appropriate government in the prescribed manner, (a) where the industrial establishment or undertakidi belon to a company within the meaning of the companies act 1956, in pursuance of a deeisionof the board f1l din!ctol'l of the company; 5 (b) where the industrial establishment or undertaking belongs to a partnership firm, in pursuance o£ a decision at a meetmg of the partners; _ j (c) where the industrial establisbmentor udciertaking belongs l to any other association of persons; in pw:suance of a dacislon of tee 10 committee (by whatever name called) man~a the affaira 01 that body of persons; and (d) wher-e the imubtrial establishment belongs to a hindu undivided family or an individual, bj the k4tta of the hiadu undivided family or the individual, as the case may be is (9) the notice of strike referred to in i1lb-section (2) shall be given to -such pe1'bon or pe1'8oll1 b'i'ld in sneh manner as may be prescribed and the notice of lock-out referred to in swrftetiod (6) shall be given in such manner as may be prescrib-ed (l 0) if the employer receives from any negotiating ageru notioe or 20 notices ref-erred to in sub-section (2) or gives to any person employed by him notioe or notices referred' to in sub-sectian (~), he brad, within five clays of the receipt or giving, al case may be, of luch notice or notices intimate, in such manner as may be prescribed, the appropriate government or such authority as may bepreacribed and the conciliation 25 ofticer having jurisdiction in relatiojl to the industrial estabuabment or undertaking, the number of such notice or notices received or given by him on taat date 91 where an indu~trial dispute or any matter appeariagto be connected with, or relevant to, the dispute has been referred to, or is pend-~o ing before,-- power to prohibit continuance of strike or lock-out (~ an arbitratm', where such dispute is not a dispute referred to for arbitrbtioft under sub~section (2) of section 7, or a court of inquiry 01' labour court or tribunal, the appropriate govemmeat; or ii ,tli~3s (b) an arbitrator, where such dispute fa a dispute referred to for arbitration under sub-seetion (2) of section 7, iiir a national commission, the cen1lral gcwe~ may, by order, prohibit the continuance of any strike or lock-out, in connection with streb dispute or matter, which may be in existence on the 40 date of the reference illegal strikes and lock-outs 92 (1) a strike or lock-out shall be illegal ff-(a) it is commenced or declared in contravention of section 80; or (b) it is continued in contravention of an order made, under i8dion ii 4s (z) where a strike or lock-out in pursuance of an industrial dispute has already commenced or is in existence at the time of the reference "tlle 4tilpute to-an arbitrator, a labour court; a tnoadll, tba natiozill commission, the continuance of such strike or lock-out shall aut be deemed to be illegal provided that such strike or lock-out was not at its commencement in contravention of the provisions of this act or the s continuance thereof was not prohi'hited under section 91 (3) a lock-out declared in coiulequellqe of an illegal strike or a i'trike declared in consequence of an illegal lock-out shall not be deemed to be i'tlegal ccmae quence otm •• itrike or lockout 99 (1) where there is a dispute as to whether any strike or lock-out ib is illegal, either the employer concemed or the negotiating agent ill relation to the employees locked out may apply to the labour court, within the local limits of whose jurisdiction the strike or lock-out has taken place, or the appropriate government may make a reference to such labour court, requesting the labour court to adjudicate thedilpute and i s the labour court shall adjuclicate the di8pl1te and the deciaien· o£ tae labour court shall be final (2) where the labour court on an application or a reference made to it under sub-section (1), finds that any strike or lock-out is illegal and any person has taken part in or has instigated or otherwise ab,tted such 20 strike or lock-out, as the car may be, or where any person has been convicted under section 136, section 137 or section 138, the labour court may, by order, direct that such person shall be disqualified for being, or being chosen as, an office-bearer of a registered trade union of employees or chairman or member of a negotiating committee or, as the case may 25 be, registered trade union of employers, f<>r such period not exceeding two years as may be specified in the order (~) where the labow- courtt 011 ad apphcationoi' a refereace magle to it under sub-section (l), ftbds that any strikle isillepl an« that a -rep tered trade union of employees has given the call for such strike or where 30 any registered trade union of employees has been convicted under section 137, the labour court may, having regard to all the circumstances of the case (including an earlier finding of the labour court that such trade union had given call for illegal strike ana the refusal of the trade union to arrive at a settlement in respect of the matters in dispute by 3s negotiations under section 91, conciliation under section 96, arbitration under section 100 or adjudication by mutual agreement under section 101, as the cpse may be) by order, direct that the certificate of registration of the trade wlion of employees shall be canoeued (4) where the labour court, on an application or reference made to 40 it under sub-section (1), finds that any lock-out is illegal and that a registered trade union of employers hu given the call for such lock-out or where any registered trade wuqil of ~~ii bas been convicted under section 137, the labow' court may, baving regard,to all the circumstances of the case (including an earlier finding of the labour court 4s that such trade unum had given call for tllegallock-out) by order, direct that the cerate ofregmtration of -the trade union of employers shall be cancelled (5) the or<ler of the labour co1l1't under sub-sedlon (1) shall be bindin o~ (~ all the parties to the complaint 'or reference, as fhecase mq be; tb)· every emplo7~ of the induatrial tablishment or ~ inai or(c) in the case of an employer in relation to an industrial estab· lishment or undertaking, who is a party to the complaint or reference, as the case may be, on his heirs, successors or assignees in respect 5 of such indu'stzial establishment or undertaking, (6) no order shall be made by the labour court under sub-section (2), sub-section (3) or sub-section (4), unless the person, registered trade uniono!' employees or registered trade union of employers concerned has been :given a reasonable opportunity of being heard 10 (1) every order made by the labour court under this section shall be final (8) where the labour court passes an order under sub-section (2), 6ub~edion (8) c1t sub-section (4), it shall forward a copy of the order to the hegistrar is 94 f'or the removal of doubts it is hereby declared that a strike or lock-out, whether illegal or otherwise, shall not by itself be deemed to terminate the relationship between the employer and the employeel:j concerried strike or lock-out not to terminate relationship between employer and employee 85 no person shall knowingly ,expend or apply any modey in direct 20 furtherance or support of any illegal strike or lock"out prohibition of financial aid to ille,al strikes and lockout • chapi'er ix procidure for :settlement of disputes96 in this chapter and chapter xi parties to an industrial dispute between employer or employers and his or their employees means the 2s emj?loyer or e~ployers, as the case may ~, and-(4) where a registered trade union of employees or a negotiating cdmmittee has been certified as a sole negotiating agent in relation ·to such employees, such sole negotiating agent; or parties to an industrial disputeinterpretation ot the expression in certain cases (b) where a regis~ered· trade union of employees has been certifled as cpief negotiating agent in relation to such employees, such 30 chie~ negotiating agent: provided that where there 'is a registered trade union of employees certified as local union in relation to the employees of a local unit, in r~pect of any industrial dispu~ raised by it under clause (a) of section '69, such local union shall be deemed to be a party to the industrial dispute 35 j' , - , (1) subject to the other provisions of this act, if an industrial dispute arises or is apprehended between the employees of a negotiating unit and the employer or employers emph>ying such employees, the sole negotiating agent or chief negotiating agent, as the case may be, in rela-5 tion to such employees, may intimate, in writing, the employer or employers, as the case may be, the particulars of the dispute and request such employer or employers to commence negotiations for the settlement of the dispute (2) the employer or employers, as the case may be, shall commence 10 negotiations with the sole negotiating agent or chief negotiating agent, as the case may be, within fifteen days of the receipt of the intimation undersub section (1): provided that in any negotiation between the employer or employers, as the case may be, and the chief negotiating agent, for the settlement is of any industrial dispute the associate union or associate unions, if any, in relation to the employees of the negotiating unit shall ibe entitled to be associated with such chief negotiating agent (3) where as a result of the negotiations under sub-section (2) a settlement is arrived at, the terms of the settlement shall be recorded 20 in writing (the terms so recorded being hereinafter referred to as the memorandum of settlement) and signed by the employer or employers or the authorised representative of the employer or employers and the authorised representative of the sole negotiating agent or the chief negotiating agent, as the case may be ~s (4) copies of the memorandum of settlement arrived at under sabsection (3) shall, within such time as may be prescribed, be forwarded by the employer or the employers, as the case may be, to such authorities as may be prescribed (5) every memorandum of settlement arrived at under sub-sertinn 30 (3) shall be re~istered in the p!i"escribed manner by the parties to the industrial dispute, with the conciliation officer having jurisdiction in relation to the negotiating unit (6) every settlement arrived at under sub-section (3) shall come into operation on such d8te as may be ~il'l'eed upon by the parties to the 35 dispu}e~d, ~r no date is ~gr~ upon on the date on vhich the mettlorandum ot tettlement is i!~ed and such settlement shall operate for such nertod (being not leu··than ·t1voyears) as may be specift~diin' the set~tement and shall continue to operate ;"ftet' tlle expiry of the period aforp-raid until the expiry of sixty days from the date on which a notice in 40 w!ritinli{ of the intention to terminate the settlement is given by the employer to the negotiating agent or "ice t'etea (7) a settlement arrived at under sub-section (3) sh all , so ion" ~s it i~ in odera,tion,' be binding on all the employees of the ne~oti1tin!!, unit and the emp'loyer or, where thei'e are more than one employer em-45 playing such emplovees, on all such employers and ell~o on 'the heim, successors and assignees of such employer or employers and all per-!\ii")os who may subsequently become employees of such negotiating unit (8) every settlement arrived at under sub-section (3) may provide that if any difficulty or doubt regarding the interp'retation of any provision thereof ariaes, it aball be referred to 'far arbitration 'by either 'party 'to the settlement and where a settlemert makes any such provision 'it shall also specify the arbitrator or arbitrators to wmoll!l the dlspate ~hal1 be tefared for arbitration and how the arbitrator or arbitrators shall be choaen 5 - (90) the 'arbitrator or arbitrators to whom any difficulty or doubt is referred under sub-section (8) shall, after giving the parties a reasonable opportunity of being heard, decide the question and such decision shall be hal conciliation of diapute lb (1) where no settlement has been arrived at in the course of 10 negotiations under section 97 or such negotiatiens have continued for a period of more than sixty days without arriving at any settlement and, in either case, the p'brties to the dispute do not agree to tefer the dispute to a mutually agreed arbitrator under section 100 or for adjudication under section 101, the parties jointly or separately-15 (a) shall- (i) in a case where the dispute relates to an essential service; or (ii) in a cue where the dispute does not relate to an essential service but a notice of strike under clause (a) of sub-section 20 (2) of section 90 or a notice of iock-out under clause (a) of subsection (7) of that section has been given; and (b) may, in any other case, forward in the prescribed manner a i'eport to the conciliation officer having jurisdiction in relation to the dispute and the appropriategov- 25 i!rnment, regarding the failure of negotiations or the continuance thereof as aforesaid along with the facts of the dispute: provided that the parties to tht! inclustrialdispute may agree to continue the negotiations uddeor -ctiod 97 for such fut'ther period bey, the aforesaid period of sixty days as may be agreed up<m and in 30 such a case such report in the cases referred to in clauae(a) shall and, in the cases referred to in clause (b) may, be forwarded to the conciliation officer on the expiry of such further period (2) on receipt of the report referred to in sub-section (1), the con-'ciliation o1jlcer,in the cases referred ~ in clause (a) of sub-section (1) 35 shall and, ill otber cases, may, commence conciliation proceedings in the prescribed manner (3) the conciliation offtcer on commencing conc1liation ptoceedings shall, for the purpose of bringing about a settlement of the dispute, investigate into the dispute and ad matters aftectiug the merits thereof 40 and may do all such things as he thinks fit for the purpose of inducing the plbrues to come to a fair and amicable settlement of the dispute (4) if a settlement of the dispute or 'iiny of the mauers mdispute is arrived at in the course of the concuiauion proceedingh, the coilanatmm of1\cer 1iha11 send a report thereof to 'the appropriate govern- 415 men:t 'ar to neh dilcer as 1iday bewthorieed' in this behalf by the appropriate government, together with a memorandum of the settlement signed by the parties to tbe dispute or their authorised representatives (s) it no such lit!ttlement is arrived at within the time axed by o~ under sub-section (6), the conciliation oftlcer shall, al soon ~s pracu-cable after the close of the investigation, forwaxd to the appropriate q)vernment a full report setting forth the steps taken by him for as-, oertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of 8udh facts and circumstances, and the reasons on account of which in his opinion, the settlement could not be arrived at: ' provided that no report regarding the failure of conciliation proceed-10 ing! need be forwarded by the conciliation officer to the appropriate government under this sub-section where, in the course of conciliation proceedings, the parties to the dispute agree to refer the dispute ioi arbitrati'on under &ection 100 and sign an agreement to that effect in the prescribed manner; but, in such a case, the conciliation officer shall senj is report thereof to the appropriate government or to such oftl~ as may be authorised in this behalf by the appropriate government, together with a copy of the arbitration agreement (6) the report referred to in sub-section (5) shall be submitted by the conciliation officer before the expiry of sixty days from the com-~o inencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate government: provided that, subject to the approval of the appropriate government, the conciliation officer may continue the conciliation proceedings beyond such period of sixty days or shorter period, if all tne p'arties to ~s the, dispute agree therefor and in such a case the report referred to in sub-section (5) shall be submitted within such further period as may be agreed to by all the parties to the dispute: provided further that an agreement arrived at in the course of conciliation proceedings shall not be deemed to be invalid merely because 30 it was arrived at after the expiry of the period fixed by or under this sub-section or &uch further period as may be agreed to by all the parties to the dispute under the preceding proviso (7) as soon as may be after the report referred to in sub-section (5) has been forwai'ded by the conciliation officer to the appropriate gov-35 ernment, he shall give intimation thereof to all the parties to the dispute (8) the appropriate government hall, before the expiry of a period idf sixty day!t from the date of the receipt of the report-(a) consider whether there is a case for reference to the labour court or tribunal; and (b) if on such consideration of the report, the appropriate gov ernment is satisned that there is a case for such reference it shall proceed to make the reference in the manner provided in section 104 (9) a settlement arrived at in the course of conciliation proceedings 4 shall be binding and enforceable in the same manner 8a a settlement s arrived at during negotiations under section 97 and sub-section (3), sui) section (4), sub-section (5), sub-section (6) and sub-section (7), of that ection hall apply to a settlement arrived at in the course of conciliation proceedings as if it were a settlement arrived at in the course of neao" ~o tiation under that lection _ n: where any party to an industrial dislarte, individual dlsputt (jf trade union dispute makes a request to a conciliation officer havlna jurisdiction to assist that party in negotiations for settlement of the dispute, the conciliation ofticer may render such as~stance as may be necessary to bring about a settlement among the parties to the dispute 5 concilla tionoffi eer may assist in bipartite negotiations arbitration of disputes 100 (1) where no settlement is arrived at in the course of any negotiations under section 97 or conciliation proceedings under section '98-, and the parties to the dispute agree to refer thedisp'ute for arbitration, they shall enter into an agreement for arbitration in such form and such manner as may be prescribed which shall specify the name of the arbi • i') trator to whom the dispute shall be referred for arbitration and the terms of reference and a copy ea:h of such agreement shall be forwarded by the employer to the conciliation officer having jurisdiction and to the a,pp'ropriate government (2) the appropriate government shall, within thirty days of the re- is ceipt of the copy of the arbitration agreement under sub-section (1), refer the dispute for arbitration to the arbitrator agreed upon by the parties to the dispute: provided that in any case referred to in sub-section (2) of section 7, the dispute may be referred to a single arbitrator or body of arbitra- 20 tors appointed by the central government (3) where an industrial dispute has been referred to a labour court, 1 tribunal or national commission for adjudication and the parties to j !that dispute agree jn writing for the withdrawal of such reference -and ~ reference of the dispute for arbitration by such arbitrator as may be 25 spe~ified in the agreement and forward a cop'y of such agreement to the appropriate government or the central government, as the case may be, that government may wllhdraw the reference of the dispute fromi the labour court, tribunal or national commission, as the case may be, and refer the dispute for arbitration by the arbitrator so specified 30 (4) where an arbitl"ation agreement seeks to refer the dispute to a body of even number of arbitrators, or where the central government, by order, appoints a body of even number of arbitrators under subsection (2) of section 7, the agreement or order, as the case may be, 'shall specify the umpire who shall enter upon the reference if the ar- 3s bttrators are equally divided in their opinion and the award of the umpire shall prevail and shall be deemed to be the arbitration award -for the purposes of this act (5) the arbitrator shall investigate the dispute and, after 'haaling the parties, make an award and pronounce it in the manner provided in 46 section 118 ' : 1 (6) n<lthing in the arbitration act, 1940, shall apply to any arbitration ~ loot i940 under this section 101 notwithstanding anything contained in this act, where both the farties to an industrial dispute apply in the prescribed manner, whether 4--; ,ointly or sepal"ately, for the reference of an industrial dispute specified in the appli~ation for adjudication, the ap'p,ropriate government, if satisfted that the persons applying represent the negotiatfnq ~gent and the employ~r or the m3jority of eniploye1rs, as the case maj be, ~p~ll make a reference iii accordance with the ~p'pl1cation to" the la: 5<1 reference of industrial dispute for adjudication \",hen agreed toby partie • b~ur court; whete the dispute relates to po 'ma~ter ~pecified' in the second 1 \ , , ---~ t- ~ schedule, or to a tribunal, where the dispute r~lates to a matter specified in the third schedule " 102, where the appropriate government on receipt of the failure of conciliation report referred to in sub-section (5) of section 98 or other-, wise is of op~ion that any industrial dispute exists or is apprehended, it msy at any time, by order, refer any matter app'earing to be connected with, or relevant to, the dispute to a court of inquiry for investigation and report reference of an, matter to a court oflnqwi7 for investigation 103 (1) if an individual dispute ai'i~es, the employee ot' any or all of procedure for settlethent of' iridmdual ~putea, ~o the employees concerned or any registered trade union of employees of which such employee or emp'loyees, as the case may be is a member or a,re members may refer the dispute to the grievance settlement authority, set up by the employer in accordance with the rules made under this act, for its decision (2) where the decision of the grievance settlement authority is not acceptable to any of the parties to an individual dispute, the parties to the disp'ute may refer the dispute for arbitration to a mutually agreed arbitrator (3) the nrrwhlions of section 100 shall, so far as may be, apply to the 20 arbitratiol1 of any individual dispute referred for arbitration under subsection (2) i ' (4) where the decision of the grievance settlement authority is not acceptable to any of the parties to the dispute and either party or both the p'arties to the dispute is or are not am-ceable to refer the dispute to a 2s ml1tually agreed arbitrator, the aggrieved d8rtv may apply in the prescribed manner, to the labout' court for adjudic9tion of the dispute (5) notwithstnnding anything contained in' this section, if any individual di!;pute arises in respect of the termination of the employment of any emplovee or the rlischar/!e or di<1ttlissal of such e'iilplovpe by way of 30 punishment su~h employee ~ay apply in the prescribed manner, to the laholur court for adjudicqtion of thp di~pute v;thol1t referring the die;-pute to the grievance se'alement a'lthqrity referred to in sub-section (1) or for arbitration (6) no ~pp1icn1:inn shall be mclde under !';ub-section (4) or sub-section 35 (5) to the labour court after the expiry of one year from the final decision of the grievance settlement authority: provided that the labour court may entertain ·an l'ip'plication under sub-section (4) or sub-section (5) after the expiry of the aforesaid period-40 (a) if the labour court is "ausfied that the delay in makin(! the application is for reasons beyond the control of the party maldng the application; (b) if the parti~ to the disp"ute m~ke the application joil1tly and a~ree that the application may be entertained notwithstanding the 4s expiry of the aforesaid period of one year (7) notwithstanding ~nvthing containerl in 9li1h-~on (6) the awropri:>te government may, on being s~usfied that it is necessary so to cw in the interests of industrial pteace or justice, refer an individual dl8pute to the labour court fot adjudication at any time after the decision of the grievance settlement authority (i) on receipt of an application under sub·section (4) or sub-section (5), or a reference under sub-section (6), the labour court shall proceed s to adjudicate the dispute as if such dispute has been referred to it foil' adjudication and accordingly all the provisions of this act relating; to adjudication of industrial disputes by the labour court shall apply to such adjudication itference of jddu-,rial ~ pute f~ adjudic8 tion; 1m (1) on receipt of a report under sub-section (5) of section 98 by 1:> the appropriate government or where the approp'i'iate government 1s of opinion that any industrial dispute exists or is apprehended and, in either ('ase, no other proceedings unrler this act in respect of the dispute have commenced and have not concluded, it may, at any time, by order,-is (a) if the dispute relates to any matter specified in the second schedule, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, to a labour court for adjudication; or (b) if the dispute relates to any matter specified in the third 20 schedule, refer the disp'ute or any matter aprearing to be connected with, or relevant to, the dispute to a tribunal for adjudication (2) notwithstanding anything contained in sub-section (1), where the appropriate government is of opinion that an industrial dispute exists or is apprehended in an essenhal service, 'the appropriate government shall, 2s on the receipt of a report uncler sub-section (5) of section 98, make " reference of the dispute for adjudication to the labour court or tribunal, m the case may be (3) notwithstanding anything contained in sub-section (1) or subsection (2) where the central government is of opinion, either on a 30 request made in that behalf by the appropriate government (being a state government) or otherwise, that any industrial dispute exists or is apprehended and the dispute involves any question of national importance (,1' is of such a nature that industrial establishments or undertakings situated in more than one state ate likely to be interested in or affected by, sut'h dis- 3s pute and that the disp'ute should be adjudicated by a national commission, then, the central government may, whether or not it is the appropriate government in relation to that disp!ute, at any time, by order refer the dispute or any matter appearin~ to be connected with, or relevant to the dispute to a national commission for adjudication 40 (4) no dispute shall be referred fot adjudication under this section where the parties to the dispute agree to refer the dispute for arbitration under section 100 (5) where on receipt of a report under sub-section (5) of section 98, the appropriate government does not make a reference of the industrial 45 dispute (not being an industrial dispute relating to an essential service) or any matter appearing to be connected with,or relevant to, the dispute, it shall communicate to the parties concerned, within sixty d~ys of th, ~ipt of ,~cl\ report, the reasons ther~f()r,\ ",j (6) where any reference has bet!n made under sub-section (3) to s tolational commission, then, notwithstanding anything contained in this act,--s (4) if, on the date of such reference, any negotiation under spction 97 or conciliation under section 98 for the settlement of the dispute is pending, such negotiation or conciliation shall abate; (b) no labour court or tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the national commission, and accordingly,-]0 (i) if the matter under adjudication before the national commission is pending in a proceeding befqre a labour court or tribunal, the proceeding before the labour court or the tribunal, as the case may be, in so far as it relates to su'ch matter, shall be deemed to have been quashed on such reference to the national commission; and (ii) it shall not be lawful for the appropriate government to refer the matter under adjudication before the national commission to any labour court or tribunal for adjudication during the pendency of the proceeding in relation to such matter before the national commission 20 l:xplanatiljn-in this sub-seetinn "labour court" or "tribunal" includes any court, tribunal or other authority constituted under any law relating to inves~gation and settlement of industrial disputes in force in any state 2~ (7) where any industrial dispute in r£'lation to wh'ich the central government is not the appropriate government, is r'eferred to a national commi~sion, then, notwithstanding anything contained in this act, any reference in sub-section (2) of section 115 and sub-section (1) of section 118 ard section 122, to the' appropriate govcmmen1t in relation to such 30 dispute shall be construed as a reference to the cen'tral government but, save as afotesaid and as otherwise exp'ressly provided in this act, any reference in any provision of this act to the appropriate government in relation to that dispute shal1 mean a reference 10 t~e strite government 105 the provisions of this chapter shall app'ly in relation to an indus-35 trial dispute that may be raised by a local union under clause (4) of section 69, in the same manner as it aprjies in relation to an industrial dispute that may be raised by a sole negotiating agent appticabllityof provisions to industrial disputes raised by local unions 108 the provisions of section 98, section 100, section 101 and section 104 shall, so far as may be, apply in relation to an industrial dispute bet-40 ween employees and employees or between employers and employers in the same manner as they apply in relation to an industrial dispute bet-9{~11 ~ ~rnplor" ~lld his empioyees, settlement ot industrial dispute between employees and employees and employers and eml'l03,fi chapter x unfadl practice107 no employer or employee or a trade union, whether registered under ihis act w" not, shall commit any unfair practice prohibition of unfair practice 108 (1) where any trade union has committed, or is committing, any 5 unfeir practice, any employee or employer or registered trade union or the appropriate government or an officer of that government specially authorised in this behalf may,-procedure on complaints relating to unfair practices (4) dn r case where such unfair practice is a continuing one, at any time befqre the expiry of ninety days from the cesser of such ii) continuance; or (b) in any other case, within ninety days from the date on which ~uch unfllir practice w:1s committed, make a complaint to the tribunal specially authorised in this behalf by the appropriate government: is provided that the tribunal may entertain a complaint after the expiry of the aforesaid period, if for ~ood and sufficient reason shown by the complainant thp tribunal is satlisfted that the de-lay in making itbe complaint was for reasons beyond the control of the complainant (2) on receipt of the complaint referred to in sub-section (n thp 20 tribunal shall forward a copy thereof to the trade union which is al1e~ed to have committed the unfair practk:e, alonj?' with a notice specifying a date and requiring it to apoear before the tribunal on that date to show cause against the complaint (3) the tribunal may, if it so considers necessary, by order, direct- 25 (a) the registrar; or (b) the chief labour commissioner, where the appropriate government is the central government; or (e) the state labour commissioner, where the appropriate government is the state government, 30 to make or calise to be made an investi~ation into thp compl:iint and make a report on the result of the inyesti~atjon to the tribunal, wilthin such time as may be specified in the order or such further time as may be granted by the tribunal (4) the registrar or the chief labour commissioner or state labour 35 commissioner, as the' case mav be, shall; when so directed bv the tribunal under sub-section (2), make or cause to be made such inve8ti~ation as he may consider necessary and make efforts to promote n setnement among the parties to the complaint ann submit a report to th~ tribunal within the time or further time specified under sub-section (3) setting 40 out 1he full frets! and circumstance!,! of the case and the efforts made hv :wm for settltn~ the co-'npl~inti and i! ~ny settjement has been arrived h among the parties to the complaint, he shall forward with such report a deed incorp,?rating the terms of the settlement (hereafter in this chapter referred to as· the settlement deed) (5) if on the receipt of the report referred to in sub-section (4), the 5 tribunal finds that a settlement has been arrived at among the parties to the complaint in regard to the ~ubject matter of complai11i~ and such settlement is fair and reasonabie it shall record the settlement (6) where on a receipt of the report refzrred to in sub-section (4) j the tribunal finds that no settlement has been arrived at among the 10 parties to the complaint in regard to the subject matter of the compla;nt, or that such settlement is not fair and reasonable it shall, after making such enquiry as may be prescribed and after giving the parties to the complaint a reasonable opportunity of being heard, pass orders as to whether any or all of the unfair practices alleged in the complaint has is or have been committed and it: so by which of the parties to the complaint (7) the finding and the order of the tribunal under sub-section (6) shall be final (8) where-20 (01)' a tribunal finds that an unfair practice has been committed by a registered ,trade union; qr (b) a registered trade union is convicted of an offence punishable under section 141, the tribunal may having regard to all the circumstances of the cns~ (in-25 eluding the nature of the unfair prac'tice and an earlier ftnding if any, regarding the commission of any unfair practice by the trade union) by order, durect that the registration of the trade union shall be cancelled: pr'ovided that no otder shall be made under this sub-section unless the trade union concerned has been given a reasonable opportunity of being 30 heard; (9) a copy of the order under sub-section (8) shall be forwarded by the tribunal to the registrar (10) the tribunal shall pass orders under sub-section (6) and sub" -&eetion (8\ within ninety days from the date on whith it received the ~s oomplaint 109 the' ordet of the 'tribunal under sub-section (6) or sub-section (8) of section 108 shall be binding oni ;: - (a) 811 the parties to the complairltj (b) in the case of an employer in reiation to an industi1iati estab-·lishtrleritor undertaking who is a party to the complaint on his heirs, successors or assignees in respect of such industrial establi3hment or undertaking: and peraoita bn whorft the brder tinder in,ib-see; hons (0' and (8) of sectiorl 108 shau be bindiiii· (c) in the case of a trade union which is a party to the compiaint, on au pe~ons who are members of the trade union on the daite on which the compla:nt is made and on all persons who may become such members after such date; and where the trade uruon is a trade union of employers, also on the heirs, successors or assignees, of every 5 member of such trade union, in respect of the industrial establishment or undertaking in relation to which such member is the employer chapter xi]0 procedure, powers and duties of atj"11{orities110 subject to the provisions of this act, and any rules made thereunder-(a) by the appropriate gqvernmpn1, in the case of an arbitrator, a court of inquiry, labour court or tribunal; or (b) by the central government, in the case of a national com- is mission, an arbitrat:>r or a court of inquiry, labour court, tribunal or national commission shall follow such procedure as he or it thinks fi~ adjudicating authorities to determine their pro cedure subject to thll provisions of the act and the rules i of 11101 111 (1) every arbitrator, presiding officer of a labour court, tribunal or national commission or chairman or member of a court 0£ 20 inquiry shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, when trying a suit, in res~t of the followling matters, namely:-power to summon wit_ nesses, to inspect premises, etc (a) summoning and enforcing the attendance of any person and examining him on oath; as (b) compelling the production of documents and material objects: (c) issuing commissions for the examination of witnesses; and (d) in respect of such other matters as may be prescribed; and every enqwry or investigation by an arbitra'tor, a presidin~ oftlcer of a labour court, tribunal or national commission or chairman or!o member of ii cowl~ of inquiry sha11 be deemed to be a judicial proceedling within the meaning of section 193 and section 228 of the indian 4a of lase penal code (2) a conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 1808, in respect of 3' i of 1901 the following matters, namely:-(a) summoning and enforcing the attendance of any perlon; (b) e1camining any person: provided that such examination shall not be qn: oath; (c) compelling the production of documents and material objects; and (d) in respect of such other matters as may be prescribed (3) a conciliation officer, a single arbitrator or member of a l:>ody qf s arbitrators, presiding officer of a labour court tribunal or national commission or chairman or member of a c(ltui1t of inquiry, for the purpose of enquliring into any ma/tter connected with any existing or apprehended tinduruial dispute, individual dispute or trade union dispute, may, after giving reasonable notice (not being less than twenty-four hours), enter 10 the premises in which any establishment or dndumrial unde~aking w the office of a trade union to which the dispute relates, is situated 112 (1) where on the day fixed for the hearing of any di~ute or any other proceeding, pending before a labour court, tribunal or na,tional power of labclur court, etc • to proceed in absence of parties to dispute commissi~, any of the parties to the dispute or other proceeding, having 15 notice of the hearing does not appear, the labour court, tribunal or national commission, as the case may be, may proceed with the hearing of the dispute or other proceeding n~~withstanding the absence ot lsuc·h party and, where it does so, it shall have the same powers iill rela-, tion to the making of any award or determining or deciding any question 20 as it would have had such party appeared as aforesaid explanatiov -in this sub-!;ection "day fixed fqr hearing" includes the day fixed for the appearance of any party, fl1ing of any statement, examination of witnesses, production of documents, hearing of argument6 or the doing of any other thing by the party concerned or his authorised 25 representatlive in connection with the adjudication of the dispute or qther proceeding (2) where any party to a d spute or other proceeding to whom time has been granted for producing hie evidence, or causing 3;~tendance (if witnesses, or performing any other act necessary for the further progress 30 of the adjudication of the dispute or other proceeding fails to do so within the tlime so granted, the labour court, tribunal ott' nation:al commission, as the case may be, may, notwithstanding such failure,-(a) if the parties are present, proceed to adjudicate the dispute or other proceeding forthwith; or j 3s (b) if any of the parties is absent, proceed under sub-section (1) (3) where any of the parties to the dispute oil" qther proceeding, who fails to appear, or to do any act referred to in sub-section (2) within the time allowed therefor, subsequently satisfies the labour court, tribunal or national commission, as the case may be, within such time as may be 40 prescribed, that there was sufficient cause for his non-appearance or for such failure it may make such order as it considers just and proper in the circumstances of the case (including an order se1tting aside any award or order made and directing re-hearing of the dispute or other proceeding) subject to such conditjions (including a concution as to, pay-45 ment of costs) as it may think fit to impose t13 an arbitrator, a court of inquiry, labour court, tribunal oil national cqrnmis$ion may, if he or it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor to advise him or it in the proceeding before such arbitrator, court of inquiry, labour court, tribunal or na,11onal commission, as the case s may be appoint_ ment of assessors to assist court of inquiry etc power to grant interim reliefs 114 it shall be lawful for the labour court, tribunal or national commission to grant to any party to any proceeding in relation to any individual dispute, indus~rial dic;pute o,r trade union dispute pending before it, such interim reliefs (whether subject to any conditions or not) 10 including stay of any order, issue of injunction or direction in regard to payment of wages or subsistence allowance, as it deems just and proper in the circumstances of the case: provided that the labour court, tribunal or national commission shall not grant any such interim relief unless all the parties to the pro- is ceeding have been served with a n:ltice on the application for such interim relief and have been given a reasonable opportunity of being heard: provided further that the labour court, tribunal or national commission may, having regard to the nature of the interim relief sought 20 and the circumstances of the case pass appropriate orders granting such interim relief as it deems just and proper in the circumstances of the case before the notice referred to in the preceding proviso is served on the parties to the proceeding: provided also that where the labour court, tribunal or national 25 commission makes any order under the pr:>viso immediately preceding, it shall record the reasons for making the order before complying with the requirements specified in the first proviso power to transfer proceedings 115 (1) where any proceeding relating to the adjudication, of any individual dispute is pending before a labour court, th~ appropriate gov- 3c ernment on an application made to it in that behalf by anv party to such proceeding and aeer notice to the other party or parties to such proceeding, and after hearing such of them as desire to be heard, may, at any stage, by order and for reasons to be stated therein, transfer the proceeding to another labour court 35 (2) the appropriate government may, by order and for reasons 10 be ~tated therein, withdraw any proceeding re~ing to the adjudication of any industrial dispute or trade union dispute or any other pro~eeding under this ac't, o,ther than a proceeding referred to in sub-section (1), pencbing before any labour court, tribunal or national commission and 40 transfet" the same to another l81bour court, tribunal or national commh;sion, as the case may be, for the disposal of such proceeding (3) the labour couri, tribunal or national commission, as the case may be, to which a proceeding is transferred under sub-sec'ion (1) or sub-section (2') may, subjpct to any spec-iat directiolul in the order of 45 transfer, proceed either de novo or from the stage at which it was so transferred 116 whelle any application has been made to the labour court for adjudication of an individual di!lpuf1:e relating to the discharge or dismissall of an employee under sub-section (1) of section 10~, or where any 50 such dispute has been referred by the appropriate government to the labour court for adjudication under sub-section (1) of section 104 and, power of labour court to give proper relief in case of discharge or dismissal of employee &l either case, the labour court is satisfied, whether on the basis of the records of the proceeding that led to the dischalrge or disrnist1a1 of such emp]qyee or on the basis of additional evidence produced before such labour court, that the ord~r of discharge or dismissal was not justified, 5 'the labour coum may, by its award, set aside 'the order of discharge or dismissal and direct reinstatement of the employee on such terms and conditions, if any, as it may think fit, or give such oither relief to the employee, including the imposition of a lesser punishment in lieu of discharge or dismissal as tt appears to the labour court to be just and 10 proper ;n the circumstances of the case 117 (1) the report of a caurt of inquiry shall be in writing and shall be rigned by the person who constitutes the court of inquiry or, where the cou~ of inquiry conslists of more than one person, by the chairman and the remaining member or members thereof: | form ||----------|| report || of || court of || inquiry || and || its || publica- || tion |is provided that nothing in this sub-~ection sha1tl be deemed to prevent any member of the court of inquiry from recording any minute of dissent from the report of the court of inquiry or from any recommendation made thereunder (2) every report of a court of inquiry together with the minute of 20 dissent, if any, recorded by any member thereof shall be published within a period of thirty days from the date of its receipt by the appropriate government, in such manner as that government may think fit pronoun cement of award byarbi· trator, labour court, etc 118 (1) every award or other determination or decision by an arbitrator oif a labour court, tribunal or national commission shall be prc~ 25 nounced on a date of which notice has been given to the parties to the dlc;pute and shall be dated and signed by the person or persons pronouncing the award and when once signed shall not thereafter be alltered or added to, save as provided in this act (2) the award of an arbitrator shall be pronounced in his office and 30 the award of a labour court, tribunal or national commission shall be pronounced in the open court (3) a copy of every award or other determination or decisiolil referred to in sub-section (1), certified in such manner as may be prescribed, shall be given by the arbitrator, labour court, tribunal or national gommis-3s sion, as the case may be, to each of the parties tq the dispute free of cost 'and a copy of the award or other determination or decision so certified shall be sent by the arbitrator, labour court, tribunal or national commission, as the case may he, to the appropriate government time limit for submission of report makin, of award, etc 119 (1) a court of inquiry shall submit its report, on the matters 40 referred to it, to the appropriate gcwernment ordinarily withi~ a period of one hundred and eighty days from the commencement of its inq~1ry or within such further period 86 may be allowed by the appropriate government from 'time to time _ (2) the labour court shall pronounce its sward ordinarily within 45 a period of ninety days from the date on which the application is made, or the dispute is referred, to it (3) the tribunal or national commission shall pronounce its award ordinarily within a period of one hundred and eighty days lrom the date on which the dispute is referred to it (4) where the labour court, tribunal or national commission is unable to make its award within the periods referred to in sub-section (2) or sub-section (3), as the case may be, it shall record the reasods therefor 120 (1) every award referred to in sub-section (1) of section 118 s shall become enhrceable on the expiry of thirty days from 1ts pronouplcement: date on which award becomes enforceable provided that-(a) if the appropriate govei11ment is of opinion, in case where the award has been given by an arbitrator or a labour court or 10 tribunal in relation to an industrial dispute to which it is a party; or (b) if the central government is of opinion in case where the award has been given by a national commission, that it will be inexpedient on public grounds affecting national economy is or social justice to give effect to the whole or any part of the award, the appropriate gov,ernment or, as the case may be, the central government, may, by notification, declare that the award shall not become enforceable on the expiry of the said period of thirty days (2) where any declaration has been made in relation to an award 20 under the proviso to sub-section (1) , the appropriate government or the central government, as the case may be, may within ninety days from the date of the award, by notification, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award and a copy of such order (where any such order has been 2s made) before the legislature of the state, if the order has been made by the state government, or before parliament, if the order has been made by the central government (3) where any award is rejected by the appropriate government or the central government, as the case may be, under sub-section (2), 30 it shall njt be enforceable (4) where any award is modified by an ordfl'r made under sub-_tion (2), such award as so modified shall become enforceable on the expiry of fifteen days from the date on which the order making the modification is published in the official gazette 35 (5) where a declaration under the proviso to sub-section (1) has been made but no order is made under sub-section (2), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-seqtion (2) (~) subjec,t to the provisions (l,f sub-s~tions (3), (4) and (5) regar- 4s ding enforceability of an award, the award shall come into operation ~ with effect from such date as may be specified therein, and where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub-section (4) or sub-section (5), as the case may be so 121 (1) the award of an arbitrator which has become enforceable under section 120 shall be binding on-persons onwhorr awards are binding (a) the parties to the agreement in pursuance of which the dispute was referred to for arbitration; and (b) where a negotiating agent is a party to tilt: tlgreement and the agreement is in respect of an industrial dispute, on all the employees of the negotiating unit in relation to whom the registered trade union of employees or negotiating committee has s been certified as negotiating agent (2) an award of a labour court, tribunal or national commi!ilsion which has become enforceable under section 120 shall be binding on--(a) all ,the parti~ to the individual dispute, industrial dispute or trade union dispute; 10 (b) all other parties summoned to appear in the proceedmg as parties to the dispute, unless the labour court, tribunal or national commission, as the case may be, records the opinion that they were so summoned without proper cause; (c) where a party referred to in clause (a) or clause (b) js is an employer, his heirs, successors 'or assignees in respect of the industrial establishment or undertaking to which the dispute relates; (d) where a party referred to in clause (/1) or clause (b) is a negotiating agent, all persons who were employees of the nego-20 tiating unit on the date of the dispute and all persons who subse quently become employees of the negotiating unit; and (e) where a party referred to in clause (/1) or clause (ll) is a local union and the dispute is an industrial dispute in respect of any mjtter referred to in clause (a) of section 69, on all per~ons 25 who were employees, on the date of the dispute, of the indu~trial establishment or undertaking or unit, branch or office of an industrial establishment or undertaking, in relation to the employees employed wherein the registered trade union of employees has been certified as a local union; and all persons who subsequently 30 become employees of such industrial establishment or undertaking or unit, branch or office 122 (1) every award of an arbitrator or a lahour court, tribunal or national commission shall, subject to the provjsions of this sect:on, remain in operation for a period of two years ff om the date on which period of operation of award 3s the award becomes enforceable: provided that the appropriate government may, by notifilation and for reasons to be stated therein, before the expiry of the said peri::xi of two yt:ars, extend the period of operation of the award by any period not exceeding one year at a time, as it thinks fit; so, however, that the 40 total period of operation of any award does not· e'xceed three years from the date on which it came into operation (z) where the appropriate government, after one year of the enforcement of the award, whether of its own motion or on the application of any party bound by the award, considers that since the award 45 was made, there has been a material change in the circumstances on which it was based, the appropriate government may, af~r giving the parties bound by the award a reasonable opportunity of being heard shorten the period of operation lof the award (3) nothing contained in sub-section (1) shall apply to any award which by its nature terms or other circumstances, does not impose, after it has been given eftect to, any continuing ohligation on the parties bound by the award (4) notwithstanding the expiry of the period of operation referred s to in sub-section (1) or the shortened period under sub-section (2), the award shall continue to be binding on the parties until a period of sixty days has elapsed from the date on which notice 1n writing is given by any party bound by the award to the other party or parties, as the case may be, intimating its intention to terminate the award 10 (5) no application made under wb-section (2) or notice given under sub-section (4) shall be entertained or be valid, in the case of an industrial dispute, unless it is made or given-(4) where such dispute is between employees and thp employer or employers, by the negotiating agent, or the employer or, is where more than one employers are bound by the award, by the majority of such employers; or (b) where dispute is between employees and employees or employers and employees by the majority of any of the parties bound by the award 20 123 (1) any party to an individual dispute, industrial dispute or trade union dispute, who, on account of some mistake or error appalent on the face of the record or for any other sufficient reason, desirps to obtain a review of an award made by a labour court, tribunal or national commission, may apply to such authorhy and whert;' such 25 authqrity, after giving all the paztles to the individual dispute, industrial dispute or trade union dispute, as the case may be, a reasonable opportunity of be~ng heard is of the opinion th~t the application for review should be granted, it shall grant the same review 2)f award by labour court tribunal or national commission and correction of mistakes (2) clerical or arithmetical mistakes in awards or errors arising 30 therein from any accidental slip or omission may, at any time, be corrected by the arbitrator, labour court, tribunal or national commission, as the case may be, either of its own motion or on the application of any of the" parties to the dispute or the appropriate government award of costs 1m subject to any rules made under this act, tne costs oi, and inci- 3s dental to, any proceeding befure, an arbitrator or a labour court, tribunal or national commission shall be in the discretion of the arbitrator, labour court, tribunal or national commission and the arbitrator, labour court, tribunal lor national commission, as the case may be, shall have full power to detennine by whom, to whom and to what 40 extent and subject to what conditions if any, such costs are to be paid, and to give all necessary directions for ,the purpose aforesaid and such costs may be recovered under section 125 in the same manner as if it were money due under any settlement or award 125 (1) every award or determination or decision of a lab~ui 4s court, tribunal or national commission shall 'be executed by the authority which made it, in such manner as may be provided by or wlder this act execution of settlement or award by labour court, etc (2) every award of the arbitrator or a settlement arrived at in the course of negotiations under section 97 or conciliation under section 98 shall be executed by the labour court, in the same manner as if it were an award made by such labour court procedure for recovery of money due under settlement or award, etc s 126 (1) where any 'money is due to any of the parties to a su:>ttjement or award, under such settlement or award, such party or any person, in, or on, whom the rights of such party under the settlement or award have been vested or devolved, by assignment, inheritance or otherwise, may, without prejudice to elny other mode of recovery, 10 make an application b the labour court, t~ibul1rl or national commission, to whom an application for the execution of the settlement or laward may be made under section 125 for the recovery of the money so due to such party and where the lab()ur court, tribunal or national commission, as the case may be, is satisfied that any money ir so is due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue and remit the amount so recovered to the labour court, tribunal or national commission, as the case may be: provided that every such app1ica:~ion shan be ma~ within one 20 year from the date on which the money becomes due to such party: provided further that any such application may be entertained after the expiry of the said period of one year if the labour court, tribunal or natiomi commission, as the case may be, ;<; satisfied that the applicant ha:1 sufficient cause for not making u1e application wi:hin 25 the said period (2) the labour court, tribunalnr national commission, as the case may be shall disburse or cause to be disbursed in such manner as may be prescribed the amounts remitted to it by the collector under sub-section (1) to the person or pcrs')ns entitled to receive the silitie 30 explanati01t-in this section "parties to a settlement or award" includes, where a negotiating agent or local union is a party to the settlement or award, all employees who are bound by such settlement or award 127 where an arbitrator, labour court, tribunal or national commission, by its award, directs the reinstatement of any emplnyee or em-35 ployees and the employer does not reinstate such employee or employ~es, the employee or employees concerned shall be entitled to wages and all other benefi,ts, as if he or they has or have been reinstated--(a) where the award spec;ifies a date on or before which such employee or employees should be reinstated, with effect from such 40 date; and employee entitled to wages, etc • though award for reinstatementis not complied with (b) in other cases, when the award becomes enforceable 1%8 (1) a conciliation proceeding shall be deemed to have commeneed on the date on which notice summoning the parties for conciliation has been issued by the conciliation officer 45 (2) a conciliation proceeding shall be deemed to have concluded-commencement and con_ clusion of proceedings, etc (a) where a settlement is arrived at on the date on which a memorandum of the settlement is signed by the parties to the dispute; and (b) where no settlement is arrived at, on the expiry o~ fifteeo days from the submission of a report regarding the failure of conciliation proceedings under sub-section (5) of section 98 to the apprc- s priate government (3) proceedings before an arbitrator shall be deemed to have commenced when the dispute is referred to the arbitrator for arbitration (4) proceedings before a labour court shall be deemed to have commenced when an applicat:on is made or a dispute is referred to it for 10 adjudication (5) proceedings before a tribunal or national commiss'ion shall be deemed to have commenced when the dispute is referred to it for adjudication (6) proceedings referred to in sub-sections (3), (4) and (5) shall be is deemed to have concluded on the date on which ithe award in such proceedings becomes enforcealble under section 120 129 so long as any settlement arrived at in the course of negotiations under section 97 or conciliation under section 96 or any awam of an arbitrator or a labour court, tribunal or national commission is in 20 operation, it shall not be lawful for the employees or employer or employers, as the case may be, to raise any dispute with respect to any matter covered by such settlement or award chapter xii penaltiesnodt' mand in regard to same matter to be raised so long as settle ment or award is in force 130 (1) if default is made on the part of any registered trade union in giving any notice or sending any statement or other document as required by or under any provision of this act, every office-bearer or other person bound by the rules of the trade union to give or send the same, or, if there is no such office-bearer or person, every member of the exe-30 cutive of the trade union, shall be punishable with fine which may extend to ten rupees and, in the case of a continuing default, with a further fine which may extend to five rupees for each week during which the default continues after the convictiop:l for the first default: penalty for failure to sub mit statement, making falsp state ment etc provided that the aggregate of such fine shall not exceed one hundred 35 rupees (2) any person who wilfully makes, or causes to be made, any felse entry in, or any omission from, the ge~eral statement required by section' «, or in or from any copy of rules or of alteration of rules sent to the -qes:!istrar under that section shall be punishable with fine which may 40 extend to five hundred rupees 131 anv person who, with intent to deceive gives to any member of a registered trade union or to any person intendin~ or anplylng to become a member of such trade union anv document nurportin~ to he it cony of the rulea of the trade union or of any altcratiollb to the ~ame whi('hi he 4s knows 01' has reason to believe i!'l not a correct copy of !'i\jch r1lles 01" alteratfnns as are for the time hefn!! in fot'ce or imy nerso" who w'th the like intent, ~ves 9 copy of any ntlpr of an unt'e~istered trade union supply ing false informa· tion ,'egarding trade union to any persqn on the pretence that such rules are the rules of a registered trade union, shall be punishable with fine which may extemi to five hundred rupees penalty for failure to recognise ne,otiating agent, ete 132 if an employer fails or refuses to recognise a sole negotiating s agent or a chief negotiating agent or an associate union or a loeal union in accordance with ·the provisions of sec:tion· 66 or refuses or fails to recognise the rights or to provide the facilities specified in section 87, section 68 or section 69, as the case may be, in regard to such negotiating agent, associate union or local union, he shall be punishable with im-10 prisonment which may extend to one year, or with fine which may exwnd to two thousand rupees, or with both 133 any person who wilfully discloses-(a) any information in contravention of the proviso to iiub section (1) ot; section 67; or (b) any information as is referred to in section 152, is penalty for disclosure of conftden tial infol'-mation; shall, on complaint made by or on behalf of the employer or the trade union or individual business affected, be punishable with imprisonment for ii term which may extend to six months, or with fine which may extend to two thousand rupees, or with both penalties for b:each at standing orders ao 134 an employer who does any act in contravention of the standing orders in force in his industrial establishment or undertaking shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both, and, where the contravention is a continuing one with a further fine which 25 may extend to one hundred rupees for every day, during which the contravention continues, after the conviction for the first such contravention 135 any employer who-30 penalty for lay_ off, retrench_ ment, etc, in contravention of provi_ sions at the act 35 (a) changes the terms 01 employment or conditions of labour of any employee in contravention of section 77; or (b) alters the terms of employment or conditions of labour of any employee or dismisses, discharges or otherwise punishes any employee for misconduct in contravention of the provisions of section 78; or (c) contravenes an order made under sectlon '79;· br (d) lays off or retrenches any employee in contravention of the provisions of chapter vii, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both 40 136 any employer who closes down any industrial establishment or undertaking in contravention of the prov:sions of section 88 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both penalty for closure of industrial establishment or undertaking in contravention of provisions of section 88 penalty for illegal strikes and lock outs m (1) any employee who commences continues or otherwise a:ets in furtherance of, a strike whkh is illegal under this act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both (2) any employer who commences, continues, or otherwise acts in 5 furtherance of a lock-ou!t w~ch is illegal under this act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both penalty for instigation, etc 138 any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal 10 under this ad, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both 139 any perlon who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punish- is able with imprisonment for a term which may extena to six months, or with fine which may extend to two thousand rupees, or with both per-laity for giving financial aid to illegal strike or lock-out penalty for breach of settlement or award, etc 140 any person who commits a breach of any term of settlement or award, which is binding on him under this act, shall be punishable with imprisomnent for a term which may extend to one year', or with fllne 20 which may ex:t;end to two thousand rupees, or with both, and, where the breach is a continuing one, with a f,urther fine which shall not be less than one hundred rupees but which may extend to five hundred rupees for every day during which the breach continues after conviction for the first, and the court trying the offence may direct that the vlhole or any 2j part of the fine realised from such person shall be paid, by way of com-pensation ~ any person 'who, in its opinion, h_ been injured by such breach 141 any person who commits any unfair practice shall be punishable with imprisonment for a term which may ex-tend to six months, or wi,th 30 fine which may extend to one thousand rupees, or with both 10 if an employer or other person-(a) required by or under this act to furnish any information or return (no,t being a general statement or other document referred to in section 120) ,-35 penalty for oommitting unfair practice penalty 'for wrongful withholding of information (i) refuses or neglects to furnish such infonnation or return; or (ii) furnishes or caullh!s ,to be furnished: any infonnation or return which is false or which he either lmows or believes to be false or does not believe to be true; qr 40 (b) refuses or wilfully neglects to· afford reasonable facilities for making inspecl1ion, examination or inquiry authorised by or under this act, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both 4s 143 if any person without lawful authority removes, alters, defaces, obliterates or in a~y way tampers with any notice affixed or displayed in pursuan:e of this act he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend $ to two thousand rupees, or with both penalty for remo val, etc, of notice affixed or displayed in pursuance of this act penalty for other offences 1" any person who contravenes any of the provisions of this act or any rule made thereunder shall if no other penalty is elsewhere provided by or under this act for such contravention, be punishable with imprisonment for a term which may extend to six months or with fine 10 which may extend to two thousand rupees or with both' 145 (1) no court shall take cognizance o£ any offence punishable under this act, other than an offence punishable under clause (b) of section 133, or of the abetment of any such offence save on complaint made by or under the authority of the appropriate government is (2) no court inferior to that of a presidency magistrate or magistra~e of the first class shall try any offence under this act chapter xiiicognizahce of offence and courtl which may take cognl zance of offence exemptions and miodificationsus nothing in this act shall apply to-20 (a) any hospital, including a dispensary; (b) any educational, scientific, research or training institution; act not to apply to certain indus· tries (c) any organisation exclusively engaged in any charitable, social or philanthropic service; or (d) khadi or village industries, 25 or to any employee employed therein or any employer in relation thereto exemption from certain, provisions 14'7 the provisions of the standing orders made under sub-section (1) of section 73 or modifications made therein under sll b-section (2) of that section and the provisions of section 75 and section 77 shall not apply in the case af employees to whom the fundamental and supplementary 30 rules, civil services (classification, control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil services regulations, civilians in defence services (clas9i~ation, control and appeal) rules, the indian railway establishment code or such other rules or regulations as the appropriate govemmen~ mav bv notiftcation 3s specify in this behalf, apply power of government to exempt 148 (1) the state government may, having regard to the development of trade unionism among such class of employees, by general or special order, declare that the provisions of section 34 shall not apply to trade unions of employees employed in agricultural operations in any 40 area specified in the order or employed in any small scale industry or class of small scale industries in any area specified in the order (2) the appropriate government may, having regard to the rilles i"1 force in any industrial establishment or undertaking in respect of th-t matters refprred to in suib·section (1) of section 73, by notification and 4s subject to such conditions, if any, tiult may be· specified in such notiflcation, e1rempt any industrial establishment or wldertaking or any class of industrial ~tablishments or undertakings from an or any of the provi sions of chapter v (1) where the appropriate government is of the opinion that the application of the provisions of section 77 to any class of industrial establishments or undertaldngs or any class of employees employed in any industrial establishment or undertaking is likely to affect prejudicially the employers in relation thereto and that the public interest so requires, the appropriate g')vemment may, by noti&ation, direct that the provisicjlls of the said section shall not apply or shall apply subject to such modifiea- 10 tion's, as may be specified in the notification to that class of industrial establishments or undertakings or to that class of employees employed in any industrial establishment or undertaking, as the case may be (4) where the appropriate government is of the opinion that it is !nexpedien·t on puhlic grounds affecting national economy to apply all is or any of the provisions of this act to any industrial establishm~nt or industrial establishments wherein any small scale industry or class of small scale industrie's, or any industry employing mainly the employer hitrulelf, is carried on that government may, by notification exempt such inciustrial establishment or industrial e~tablishments from all the 20 prov'ision~ of this act or such of the provisions of this act as it is of the opinion shall not apply to such industrial establishment of indu~rial esiablishmen ts 148 where in any industrial establishment or undertaking any joint consultative macnincry consisting of represcnltatives of employees and 2s employers or any other body consisting of one or more persons (by whatever name called) has ~)een set up for the purpose of settling individual disputes or indu8trial disputes and the appropriate government is satisfied that the functioning ot such joint consultative machinery or other body has been beneftcial to the employees employed in such in- 30 dustrial establishment or undertaking, the appropriate government may, by notification, direct that the provisions of chapter iv, chapter ix and chapter xii shall apply in relation 10 such 'industrial establishment or undertaking with sllch modification; as may be specified in such notification 3s chapter xiv modification of provisions of chapters iv, ix and xii in their application to certain industrial establishments or undertakings offence by trade union, c->mpany, etc misceltaneous 150 (1) where an offence under this ad has been committed by a company every person who at the time the offence was committed was in charge of, and was' responsible to, the company for the conduct of the business of the company, as well as the company, shall be deem- 40 ed to be guhty of the offence and shall be liable 1:0 be proceeded against and punished accordingly: provided that nothing contained in this tmb-section shall render any such pero;('in liable to any punishment, if he proves ·that the offence was committed without his knowledge or that he had exercised all 4s due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company nnd it is proved that the off~nce has been committed 'vlth the consent or conni vance of, or is attritutable to any neglect on the part of, any director, so manager, 8ecretvry, 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 explonaticm -for the purpose of this section-(g!) "company" means any body corporate and includes a finn or other association of individual; and (b) "director", in relation to a firm, means a partner in the s firm power to remove difficulties in the interpretation of settlementor award 151 (1) subject to the other provisions of this act, if in the opinion of the appropriate government any difficulty or doubt arises 8s to the interpretation of any provision of an award or settlement, it may refer the question to sllch labour court, tribunal, or national commission: 10 as it jruly think fit (2) the labour court, tribunal or national commission to which such question is referred shall, after giving the parties an opportunity of being heard, c!ecide such question and its decision shall be final certain matters to be kept confidential ]52 there shall not be included in any report or award under this is act any information obtained by an arbitrator or a conciliation officer or court of inquiry or labour court or tribunal or national commission in the course of any investigation or inquiry relating to a trade union or any individual business· (whether carried on by a person, firm or coi1-pany) whlich is nqt available otherwise than through the evidence given 20 before such arbitrator, conciliation officer, cowt of inquiry, la'botlr court, tribunal or national conunission, if the trade union, person, firm or company in question has made a request in writing to the arbitrator, conciliation officer, court of inquiry, labour court, tribunal or national commission, as the case may be, that such ipforrnation 2s shall be treated as confidential; nor shall such arbitrator, conciliation officer, the presidinb officer of the labour court, tribunal or na:tional commission or chairman or other member of the court of inquiry or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of 30 the trade union or of the person, firm or company in question, as the case may be: provided that nothing contained ir this section shall apply to a disclosure of any such infol'lmation for the purposes of a prosecution 45 of 1860 under :;ection 193 of the indian penal code 35 publication, affixation and defacemeontof notjce, 40 45 5 of 1908 so 153 (1) sub~ect to the o';her provisions of this act, every authority (including an arbitrator) or officer who makes any order in writing, other than an award, shall-(a) in the case of an order of a general nature or affec;jing or whieh is likelv to affect a class of per90ns puhlish such ordpr in such manner ~s may in the opinion of such authority or officer being bef;t adapted for informing the persons aft'ec~ed or likely to be affected by the order; (b) in the case of an order affecting or which is likely to affect any c()rporation or firm serve 'the order or cause the order to he served, in the manner pro\oided for the service of summons in rule 2 of order xxix, or rule 3 of order xxx, as the case may be: of the corle of civil procedure, 1908; and (c) in the case of an order affecting or which is likely to affect an individual serve the order or cause the order to he served on that individual--(0 pers~mally, by delivering or tendering him the order; (ii) by registered post; or (iii) where the person cannot be fouad, by leaving an authentic copy of the order with ioille adult male member of his family or by affixing such copy on bome conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain 5 (2) if in the course of any proceeding under this act a question arises whether a person was duly informed of an order made in pursuance of this act, compliance with sub-section (1) shall be conclusive proof that he was so informed but a failure to comply with 5ub-section (1)-10 (i) shall not preclude proof that he was so informed by other means; and (ii) shall not affect the validity of the erder power to require production of books, etc l54 where any person is required by or under this act to m~ke any statement or furnish any information to any authority, that authority is may by order, with a view 10 verifying the $tatement made or the information furnished by such person require him to produce any books, accounts or other documents relating thereto which may be in his possession or under his control 155 (1) no suit, prosecution or other legal proceeding shall lie against 20 the government or any officer of the government for anyth<ing which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder protection of action taken under the act and protection of persons (2) notwithstanding anything contained in the rules of a trade union or society, no person refusing to take part or to continue to take 25 part in any strike or lock-out which is illegal under this act shall, by reason of such refusal or by reason (if any action taken by him under this section, be subiect to expulsion from "uch trade union or society or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable 30 ito be placed in any respect, either diredly or indi1"ectly, under any disability or at any disadvantage as compared with other members of such trade union or society (3) nothing in the rules of a trade union or society requiring thf' settlf'ment of dispute in any manner shall apply to any proceeding for 35 enforcing any right sf'cured by thic; section, and in any such proceeding the civil court may in lieu of ordering a person who has been expelled from membership order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that court thinks just 40 represen_ tation of parties 156 (1) an employee who is a party to any proceeding under this act in relation to an individual dispute, shall be entitled to be represented in such proceeding by-(a) an office-bearer o~ a registered trade union of employees of which he is a member; or 45 (b) an office-bearer of a registered trade union which is an association of trade unions of employees of which the trade union referred to in clause (a) is a member (2) an employer who is a party to any proceeding under this act ailall be entitled to be represented in such proceeding byso (a) an office-bearer of a registered trade union of employers of which he is a member; (b) an office-bearer of a registered trade union which is an association of trade unions of employers of which the trade union re-s ferred to in clause (a) is a member; or (c) where the empolyer is not a member of any registered trade union of employers, by an office-bearer of any registered trade union of employers connected with, or by any other employer engaged in the industry in which the employer is engaged and authorised by 10 such employer in such manner as may be prescribed (3) no party to an individual dispute or industrial dispute shall be entitled to be rej?resented by a legal practitioner in any conciliation proceedings under this act or in any proceedings before an arbitrator (4) in any proceeding before a labour court, tribunal, or national is commission, a party to such proceedings may be represented by a legal practitioner only with the consent ot the other party or parties to the proceeding and with the leave of the labour court, tribunal or national colllmission, as the case may be explanaltion-for the purposes referred to in sub-section (1) or sub-20 section (2), it shall b~ sufticient that the trade union of employees or employers, as the case may be, referred to therein has been registered in any state under this act power to amend schedule •• 1l;'1 (1) where the appropriate government is satisfied that public in\terest :requires that an industry, which is essential to the ldfe of the 25 communilty and which is not specified in the first schedule shouldi be daclared aa an essential service, it may, by notification make a declaration to that effect and on such declaration being made the industry so declared shall be deemed to have been included in the first schedule (2) the appropriate government may, by notification, omit any 30 industry from the first schedule and on the issue of such notification the first schedule shall be deemed to be amended accordingly (3) the central government may, by notification, add to or alter or amend the second schedule, the third schedule or the foudh schedule and on the issue of any such notification, the second sclledule,the third 3s schedule or the fourth schedule, as the case may be, shall be deemed to be amended accordingly (4) every notification issued by the state government under this section shall be laid, as soon as possible after it is issued before the state legislature 40 (5) every notification issued by the central government under this seetlon shall be laid, as soon as may be after it is 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 45 the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree tl1at the notifiea·tion should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without so prejudice to the validity of anything previously done under that notification deiegation of powers i58 the appropriate government may, by notification, direet that 811, power exercisable by it under this act or the rules made thereunder 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 govern-s ment, by such officer or authority subordinate to the central gov ernment or by the state gwernment or by such officer or 'avthority subordinate to the stalte govcnunent) as may be specified in\ the nctificaticn; and (b) where the appropriate government is a state government, to by such ofllcer or authority subordinate to the state government as may be specified in the notification; lit (l) the appropriate government may, b~ notificatien, make rules for the purpose of giving effect to the provisions of this act pbwerto ntake rules (2) in particular and without prejudice to the generality of the jore- is going power, such li'ules may provide for all or any of the following matters, namely:-(a) the authority which would be the employer in relation to an industrial establishment or undertaking managed by, or on behalf of, a department of the central or state government under sub-clauae 20 (a) of clause (12) of section 2; (b) the quorum for a meeting of a court of inquiry, under subsection (3) of section 8; (c) the terms and conditions of service of the presiding oftlcer of a labour court or tribunal, under sub-section (2) of section 13; 3s (d) the manner of notifying by the tribunal of its intention to determine the support of a registered trade union of employees or election to choose the chairman or other members of a negotiating committee and the particulars to be specified in such notice, under sub-section (1) of section 53; 30 (e) the particulars, of any registered trade union of employees certified as negotiating agent in 'l'elation to the employees of a negotiating unit, to be specified in an application by a registered trade union of employees for certification as negotiating agent, under sub-section (1) of section 55; 3s u) the particulars of any registered trade union of employees certified as sole negotiating agent to be specified in an applfcation of a registered trade union of employees for certlfication as a local union under sub-section (2) of section 55; (g) the form in which an application by a registered tr-ade union 40 of employees for certification as sole negotiating agent, chief nego-' tiating agent, associate union or local union shall be made, the particujars which such applicetio,n shall contain and the fees whdch shall aeeompany such application, under sub-sectlon(3) of section 55; (h) the manner in which the notice referred to in sub-i1ection 4s (2') of section 59 shall be served; (i) the procedure in enquiring into an applicailion by a registered trade union of employees for certificati~ as negotiating agent or local union under sub-section (5) of section 59; 5 (j) the manner of the election of the chairman and other members: of a negotiating committee the persbns qualified to stand for election, the disqualifications for being chosen as and for being such chairman or other member, the manner of settlement of disputes relating to the election and the filling up of casual vacancies, under sub-section (3) of section 61; 10 (10) the procedure to be followed for the transaction of business of the negotiating committee (including the quorum for its meetings), under sub-section (5) of section 61; (l) the constitution and procedure ot grievance settlement authority referred to in clause (j) of sub-section (1) of section 67; 15 (m) form of application or notice, as the case may be for permission to lay-off employees or for approval of lay-off of employees or to retrench employees or for closure of any industrial establis1:lment or undertaking under section 82, section 83 or section 88 as tbe case may be; 20 (n) the manner in which opportunity shall be given to retrenched employees to otier themselves for re-employment, under section i 85; " (0) the manner in which intimation of strike or lock-out shall be given to the appropriate government under sub-section (2) or sub-section (7), as the case may be of section 90; 25 (p) the manner in which any dispute pertaining to a strike ballot shall be decided under sula-section (4) of section 90; (q) the person or persons by whom and the manner in which a notice of strike is to be given, and the manner in which a n~ice of 30 lo\ck-out is to be given, under sub-section (9) of section 90; (r) the authority to which an employer shall report the number of notice or notices of strike received by him or notice or notices of lock-out given by him 011 any day, under sub-section (10) of section 35 90' , (8) the time within which and the authorities to which the copies of a settlement shall be forwarded by the employer under sub-section (4) of section 97; (t) the manner in which a memorandum of settlement arrived at under sulb-section (3) of section 97 is to be registered wd-thl the conciliation officer under sub-section (5) of that section; 40 ('\l;) the manner in which a report is to be submitted to the conciliation officer regarding the failure of negotialtions or the continuance of negotiations for a period of more than sixty; days under subsection (1) of section 98; 45 (v) the manner in which conciliation proceedings are to be commenced by the conciliation officer wlder sub-section (2) of section 98; (w) the manner of applying to the labou~' court for the, adjudi~ calion of an individual dispute under sub-sectlqrl (4) of section 103, so (x) the procedure relating to the enquiry referred to in sub~ section (6) of section 108; (y) the manner in which any award, determination or decision of a labour court, tribunal or national commission is to be executed under section 125; s (z) the manner in which an employer may authorise an officebearer of any trade union of employers or another employer t~ represent him in any proceeding under this act, under clause (cj of sub-se<$ioo (2) of section 156; i (za) any other matter which has to be or, may be, prescribed 10 under this act (3) the central government may, by notification, make rules to provide for all or any of the following matters, namely:-(a) the functions of a national commission under clause (c) of sub~section (1) of section 11; is (b) the terms and conditions of service of the presiding officer of a national commiss;on under sub-section (2) of section 13 (4) the state government may, by notification, make rules to provide for all or any of the following matters, namely:-(a) the form in which the general statement of assetts and! liabi- 20 lities of a trade union is to be delivered to the registrar and the particulars which such statement shall contain, under sub-section (3) of section 19; (b) the manner of audit of the a~counts of trade union~ under clause (j) of section 22; 25 (c) the form in which the register referred to in sub-section (2) of section 23 is to be maintained; - (d) the form in which a certificate of registration of a trade union is to be issued, under sub-section (1) of section 24; (e) the form of the application for the cancellation of the certi- 30 ficate of registration of a trade union and the manner in which the facts stated in such application may be verified, under clause (a) of sub-section (1) of section 26; the period within which the annual return referred to in clause (b) of that sub-setion is to be submitted and the period within which the defects in such annual return may 3s be rectified under clause (c) thereof; the date before which the annual elections to elect the office-bearers of a trade union shall be held, under clause (h) of sub-section (1) of that section; (1) the manner in which and the time within which a person aggrieved by the refusal of the registrar to register a trade union, 40 or by the cancellatio~ of, a certificate of registration, may appeal to the tribunal under sub-section (11) of section 27; (g) the authorities to which notice of any change in the addren of the registered office of a ,trade union is to be given under sub-~ectfon (2) of section 29; 4s (h) the manner in which the membership fee deducted by the employer from lhe wages of the employees is to be paid over by such employer to the trade union concerned, under sub-section (2) of section 30; (0 the date on or before which an offlce-bearer of a trade union is t~ file a statement of his assets and liabilities every year, under 5 secbon 35; (j) the manner in which the regi~trar shall, on the dissolution of a trade union, divide its funds amqtlg its members in the circumstances referred to in sub-section (2) of section 40; 10 (k) the manner in which the general statement of receipts and expenditure of a trade union is to be audited, the date on or before which such general statement is to be forwarded to the registrar the f()rm in which lruch statement shall be prepared and the particulars which it shall contain, under sub-section (1) of section 41; is (1) the manner in which, and the time within which, an application is to be made to the tribunal for the adjudication of a dispute referred to in sub-section (1) of section 43; and the manner in which the tribunal or national commission may enquire into such disp!1te under sub-section (4) of section 43 (5) all rules made under this section shall be subject to the condition 20 of previous publication 160 (1) every rule made by the sta~e government under this act shall be laid, as soon as may be a~ter it is made, before the state· legislature layin, of rules before state legis_ lature and houses ot parliament (2) every rule made by the central government under this act shall 2s be laid, as! soon as may be after it is made, before each house of parliamei'l\t, while it is in session for a total period of ithirty days, which may be comprised in one session or in two or more successive sessions, and df, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any loodi-30 ficatiotlj in the rule or roth houses agree that the rule shouild nat be made, the rule shall thereafter have effect only in ~ch modified form or be of no effect, as the case may be; st' however, that any such modification or annulment shall be without prejudice to the validity of anythling previously done under that rule 16 of 1926 3s 161 (1) the trade unions act, hl26, the industrial employment (standing orders) act, 1946, and the industrial disputes aci~, 1947, are repeal and savin, 20 of 1946 hereby repeaood 14 of 1947 (2) notwithstanding the repeal of the acts referred to in sul>-section (1)-]6 of 1926 45 (a) where no appeal has been preferred before the commencement ot this act under section 11 of the trade unions act, 1m, from any order of the re~i!';trar registering or cancelling the registration of a trade union and the period for preferring such appeal has not expired at such commencement, the aggrieved person may prefer an appeal to the industrial tribunal within ninety days from the commencement of this ad, as if such order were an order made by a registrar under this act; (b) any appeal preferred to a high court or 'to any other court 16 o~ 1928 under seetion 11 of the trade unions act, 1926, and pending at the commencement of this act shall be di~ed of by the high court or other coui"t, as the case may be, as if it were an appeal preferred under seclion 27 of this act to a tribunal; s (e) all standing orders in force in any industrial establishment or undertaking shall, in so far as they relate to any matter specified in sub-section (7) of section 73 and are not inconsistent with the provisions of this act continue to be in force in that industrial establishment or undertaking until standing orders to provide for that matter 10 are made by the central government under sub-section (1) of section 73; (d) every labour court and industrial tribunal comtituted by the appropriate government under the industrial disputes act, 1947 14 of 1947 (hereafter in this section referred to as the industrial disputes act) is and functioning at the commencement of this act shall be deemed to be a labour court and tribunal respectively established by the respective appropriate government under this act (such labour court or tribunal hereinafter being referred to as the corrcsponding labour court or corresponding tribunal as the case may be) and every na- 20 tional industrial tribunal constituted by the central government for the adjudication of any industrial dispute as defined in the industrial disputes act shall be deemed to be a national commission constituted by the central government for the adjudication of such dispute (such national commission hereinafter being referred to as the cor- 25 responding national commission); (e) every person appointed before the commencement of this act, as a presiding officer of a labour court, industrial tribunal or national industrial tribunal constituted under the industrial disputes act, and holding office as such immediately before such 30 commencement shall, on and from such commencement, be deemed to have been appointed as presidin~ officer of a labonr cour1t tribunal or national commission, as the case may be established or constituted under this act, and shah hold such office with the same rights and privileges as to pension, gratuity and other matters as 35 would have been admissible to him if this act had not been enacted and shall continue to do so unless and until the employment of such person is duly terminated or until his remuneration and other conditions of service are duly altered by the appropriate government, in the case of the presiding officer of a labour court or tribunal, or 40 by the central government, in the case of a national commission; (f) any reference for arbitration made by the employers and employees of any matter which is an individual dispute, industrial dispute or trade union dispute as defined in this act and pending at the commencement of this act shall be deemed to be a refeience for 45 arbitration of such matter made under this act and shall be dealt with accordingly; (g) any settlement arrived at in pursuance of negotiations between employers and employees or in pursuance of conciliation by a conciliation officer under the industrial disputes act, or any so award made by a labour court, industrial tribunal or national in-~ustrlal tribunal under that act, befo,re the commencement of this act and subsisting at such commencement may be executed as if it were a settlement arrived at in pursuance of negotiation under section f1i or conciliation under section 98 or an award made by a labour court, tribunal or national commission under the pro-s visions of this act; (h) any proceeding pendirg before a labour court, industrial tribunal or national industrial tribunal constituted under the industrial disputes act, at the commencement of this act shall stand transferred to, and be continued from the stage at which such procee-10 dings are pending, by--(a) where such proceedings are pending before a labour court or industrial tribunal constituted under the industrial disputes act, the corresponding labour court or industrial tribunal; and is (b) where such proceeding are pending before a national industrial tribunal constituted under the industrial disputes act, the corresponding national commission: provided that no application for the execution of such settlement or award shall be made after the expiry of n"inety days from 20 the commencement of this act; (i) any reference of an industrial dispute for adjudication made tj a labour court, industrial tribunal or national industrial tribunal under the industrial disputes act, shall be deemed-(a) where such reference is for the adjudication of an industrial dispute referred to in section 2a of the aforesaid act, to be an application for adjudication of an individual dispute made under section 103 of this act; and 30 (b) where su-:-h reference is for the adjudication of any other industrial dispute, under the act aforesaid, to be a reference for adjudication of an industrial dispute under section 104 of this act, and shall be dealt with accordingly; and (j) any application for permission made under sub-section (1) of section 25m or notice given under sub-section (1) of section 3s 25n or under sub-section (1) of section 250 of the industrial disputes act shall be deemed to be an application made or notice given under the corresponding provisions of this act (3) the mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application lof section 6 and 10 of 1897 40 section 24 of the general clauses act, 1897, with regard to the effect of repeal and the effect of repeal and re-enactment 162 where before the commencement of this act, any industrial dispute concerning any industry as defined in the industrial disputes 140! 11147 act, 1947, has been referred 1br adjudication under that act, to a 4s labour court industrial tribunal or national industrial tribunal , constituted under that act, but the provisions of this act do not apply provision regardin, pending proceed_ ings lot adjudj-to such industry, then, if· such adjudication proceedings are pending at the commencement of this actcation of industrial disputes to which this act does not apply (a) where such proceedings are pending before a labour court or industrial tribunal constituted under the industricll disputes act, 1947, the corresponding labour court lor corresponding tribunal; s 14 ot 1947 and 14 of 1947 (b) where such proceedings are pending before a national industrial tribunal constituted under the industrial disputes act, 1947, the corresponding national commissiun, shall proceed with th~ adjudication of such dispute in accordance with 10 the provisions of this act as if this act applied to such industry and the award made in such adjudication proceedings shall, for all the purposes of this act, be deemed to be an award made by a labour court, industrial tribunal or national commission as the case may be, established or constituted under this act in an industrial dis- is pute referred to it for adjudication transitional provision 163 without prejudice to the provisions contained in section 161, where any provision of this act is brought into !orce in any state before the commencement of that section, the corresponding provision, if any, in the trade union~ act, 1926, the industrial emplpymedt 20 16 of 1926 (standing orders) act, 1946, or the industrial disputes act, 1947, shall 20 of 1941l fltand repealed and the provisions of sub-section (2) and sub-l'ection 14 of 1947 (3) of section 161 shall, so far as may be, apply to such repeal 164 (1) if on the commencement of any provision of this act in any state, there is any corresponding provis:on in any state act in force 2s in that state, such provision shall stand repealed repeal of state laws and savings (2) where any provision crf any state act stands repealed under sub-section (1), the provisions of sub-section (2) of section 161 shall, so far as may be, apply to such repeal in the same manner as they apply in relation to the repeal of the acts mentioned in sub-section (1) of 30 that section (hereafter in this section referred to as central acts): provided that any reference in sub-section (1) of section 161 to any provision of any of the central acts or any officer, authority, tribunal or court appointed or constituted by or under any of the central acts shall be deemed to be reference to the corresponding provision of, or 3s corresponding officer, authority, tribunal or court appointed or constituted by lor under, the corresponding state act so repealed: provided further that if any question arises as to who or which such corresponding officer, authority, tribunal or court is, the dechlion of the central government thereon shall be final 40 (3) the provision jbr particular matters made by sub-section (2), read with sub-section (2) of section 161 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 repea1 10 of 1897 165 save 88 otherwise provided herein, the provisions of this act shall 45 have effect notwithstanding anything inconsistent therewith contained in any other law for the time bein~ in force overriding effect of the act 1 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, do anything, not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing the difficulty power to remove difficulties s (2) no order ul!der sub-section (1) shall be made after the expiration of a period of two years from the commencement of this act 167 in section 6 of the sales promotion employees (conditions of service) act, 1976, sub-section (2) shall be omitted amendment of act 11 of 1976 the first schedule10 [see section 2 (13)] essential services1 any establishment of, or connected with, the armed forces of th~ union or other establishments or installations connected with the defence ot the country against war or external aggression is :l any railway service, or any other transport service for the carriage of passengers or goods by air, water or land 3 any service in the internati!onal airport authority of india constituted under section 3 of the int~rnational airports authority act, 1971 4 any service in, or in connection with the working of, any major 20 port or dock 5 any section of an industrial establishment or undertaking on the working of which the safety of such establishment or undertakine or the employees employed therein depends 6 any postal, telegraph or telephone service 2s 7 any service in, or in connection with, the working of any public sector undertaking engaged in the purchase, procurement, storage, su~ ply or distribution of food grains 8 any industry which generates, supplies lor distributes power, light or water to the public, whether directly or indirectly ~ 9 any system of public conservancy or sanitation 10 banking 11 all atomic energy installations including nuclear power tatlons 12 production, supply and distribution of coal the second schedule [see section 9 (5)] ma'l"rrs within the jurisdic'l'ion 01' laboua coubts1 the propriety or legality of an order passed by an employer under the standing orders 2 the application and lnterpretatio,n of standin, order • 3 discharge or dismissal or termination otherwise ,of services (not being retrenchment) of employees including reinstatement <if, or grant of relief to, employe~ wrongfully dismissed ' 4 withdrawal of any customary co,ncesslion or privilege 5 illegallity or otherwise of a strike or lock-ou't 5 6 computation of dues payable to employees 7 ala other matters other than those spe<jfied in or under the third schedule the third schedule[see section 10(5) (a)] 10 mattebs within the jujusi)jlction of industrial tribunals1 wages, including the period and mode of payment 2 compensatory and other allowances 3 ~s of work and rest intervals 4 leave with wages and holidays 15 5 bonus, profit sharing, provident fund and gratuity 6 shift working otherwise than in accordance with the standing orders 7 classifica1tion by grades 8 rules of discipline 20 9 rationalisation 10 retrenchment of employees and closure of an industrial establish~ - ~ment or underlaking 11 any other matter which may be prescribed the fourth schedule[see section 2 (39) ] unfair practices i on the pan of employers and trade unions of employers(l) to lin,terfere with, restrain from, or coerce in the ma~ter of, the exercise by employees of their rights to organise, form, join or assist a 30 trade union o~ employees or to engage in concerted activities for the purpose of mutual aid or protection, that is to say,-t(~ (a) thrpatening employees with discharge or dillmissal, if they join a !trade union of employees; (b) threatening a lock-out ojl' closure, if a trade union of em- 3s ployees is organised; or (c) granting wage increase at crucial periods of traae union organisation, with a view to undermining the efforts of the trade union at ~anisation (2) to dominate, interfere with the working of, or contribute support 5 (ftnancial or otherwise) to any trade union of employees, that is to 88y,-;- «i) an employer taking an active interest in organising a trade union o~ his employees; or 10 (b) an employer showing partiality or granting favour to one of several trade unions of employees attempting to organise or to its members ezplanation-this provision shall not apply to recognition by employer of the rights of any registered trade union of employees conferred by this act or provision by employer to such registered trade union of employees facilities which he is bound to provide for under this act 15 (3) to establisl1 employer-sponsored trade unions of employees (4) to encourage or discourage membership in any trade unon of employees by discriminating against any employee, that is to say,-«i) di8charging or punishing an employee because he urged otur employees to join or organise a trade union of employees; aa (b) refusing to reinstate an employee because he took part ill a lawful strike; (e) changing seniority rating o~ employees because of hij trade union activities; (d) refusing to promote an employee to higher posts on account of his trade union activities: or placing restrictions on promotions and training in respect of any employee because of his trade union activities; (e) giving unmerited promotions to any employee with a view to 30 ereatin~ discord amongst other employees or to undermine the strength of their trade union; (i) dischar$ng office-bearers or active members of trade unions of employees or transferrin~ them from one pl~e to another on account of their trade union activities; 35 (g) allocation oil unfair task to certain employees including af'-sfgnment to the lower grade employees duties of higher grades of employees, or entrustment of the most strenuous jobs to particular employees, on account of their trade union activities; 'or (h) payment of extra bonus or other financial incentives to nonunionised employees as an incentive to becoming members of any, 40 , particular trade union (5) t~ di!':('harge 01' discriminate against any employee for ruln'f charges o!' testifying against an employer in any inquiry or proceedingl relating to any individual dispute or industrial aispute (t) to refuse to bargain collectively in good faith with the registered traile union of employees certified as negotiating agent, or weal u'iiic»n in accordance with the provisions of this act and to interfere with the right of employees to bargain collectively (7) to coerce employees, through administrative measures, with i '5 view to securing their agreement to voluntary retirement (8) to discharge or dismiss or transfer employeesem-(a) not in good faith but in the colourable exerdle uf the 'ployer's rights; 10 (b) by falsely implicating them in a criminal case; (e) for patently false reasons; (d) on untrue or trumped up allegations of absence witho!lt leave; (e) in utter disregard of the pr:nciples of natural justice in the conduct of domestic inquiry or with undue haste; is (1) for mismnduct of a minor or technical character, without having any regard to the nature of the particular misconduct,1iml'eby leading to disproportionate punishment; or (g) to avoid payment of statutory dues (9) tq abolish the work which is being done by the employees and to 20 give such work to contractors as a measure for breaking a sttike or weakening a trade union of employees or generally terrorising the emp~ ' (10) to insist upon individual emnloyees who were on legal strike to sign a good conduct bond as a pre-condition to allowing them to resume 25 work (11) to show favouritism or partiality to one set of employees on 'the , ground of caste, religion, language trade union affiliation or on any other ground regardless of merit (12) to employ workmen as flbadlis", c8sual or temporary and to ~o continue them as such indefinitely, with the object of depriving them of the status and privileges of permanent workers '(13) to violate established procedures of personnel management regarding appointment, confirmation, transfer, promotion, wage" incentive earnings, redress of grievances and other relate~ matters ~( (14) to violate, or refuse to implement properly, any award or settlement : i (15) to discontinue any customary privileges (18) to delay tn making payment of, or fail or reluse to ply, 'iums payable by employer as his contribution, or the employees' eoritllbtiuon 40 dech1cted by such employer from the wages of his employees, under the employees' provident funds and miscellaneous provisions act, '1~, to-19 of 1901 wards the provident fund or deposit-linked insurance p'und eatab11sbed under that act ' ~ --1' : 1: (17) to introduce labour saving techniques or machines without prior consultation with the negotiating agent and 'without planning for the alternative employment of the employees, thereby rendered surplua, either within or outside the industrial establishment or undertaking con-5 cerned (18) to declare a lock-out, for the purpose of pre-empting any fair or lej1timate trade union activity or for coercing the employees or their uniotls to accept unfavourable terms of employment, including servtce eon'ditionl work environment, or for curtailing produ<:tion fl on the part of employees and trade unions of employees 10 (1) to coerce employees in the exercise of their right to self-orpld-"ion or to join a trade union of employees of their choice or refrain from joidula any trade union of employees (2) for the itriking members of a trade union of employees to picket is 1lod4triking employees in such a manner that such non-striking em floy are physically debarred from enter!ng the work place (3) to inuulge in acts of force or violence or to hold out threats of mtlmidation, in connecti<m with a strike against non-striking emplo, &t agaiftst the managerial staff or with the intention of compeuing the 20 employer to do or omit to do any particular thin8 (4) to refuse to negotiate collectively in good faith with the employer an diahonour an agreement entered into in the course of negotiations under section 97 or concilation under section 98 (5) to indulge in coercive activities with the intention of preventing 2s the certification of a registered trade union of employees as sole negotiating agent or chief negotiating agent or the constitution of a negotiatine committee (6) to encourage or instigate or engage in slowing down production (whether it is called "work to rule" or by any other name) to compel the 30 employer to accept the demands of the employees or any section thereof (1) to stage demonstrations at the residence o~ the employers or tbe managerial staff (i) to refute to work overtime when exigencies of service nq1i'lie pti'i'wrrumce of overt· me work statement of objects and reasonsthe three central enactments which, at present, regulate matters relating to industrial relations are the trade unions act, 1926, the indu-trial employment (standing orders) act, 1946 and the industrial disputes act, 1947 besides, there are state laws on these matterl in some states to supplement the central laws a voluntai'y code of discipline has also been in existence since 1958 it provides for the setting up of a grievance procedure for the redress of individual gr;cvances, and layi down a set of criteria for the recognition of unions the national commission on labour (1969) which studied the industrial relations practices and procedures found a number of shortcomings which had impeded the growth of industrial harmony it came to the conclusion that it waa essential to create a climate conducive to industrial harmony and foster proper attitudes, in the minds of employers as well as employees, so tba\ cooperative endeavour might promote rapid economic progresa the commission made useful recommendations concerning the scope and coverage of the laws, procedure and machinery for speedy setuement of disputes and registration and recognition of unions later, a aq-member tripartite committee on comprehensive industrial l'-elations law and composition of the indian labour conference set up by the central government in pursuance of a recommendation of the tripartite labour conference (may 19'17) studied the existing laws and made recommendations regarding the broad framework of a comwehensive law on industrial relations the committee's report indicated that there was a large measure of agreement on some of the basic aspects relating to the industrial relations law but there were divergent views on some details 2 in the light of the experience gained, the views expressed by all the interests concerned and the growing expectations of the working class, it is considered necessary to have a comprehensive industrial relatioll8 law which would integrate the three central enactments, incorporate some of the more important provisions of the state enactments and the code of discipline and ·bring about certain improvements to meet the needs of changing socio-economic conditions 3 the objective of the new law is to delineate a legal framework that will promote cordiality and peace in industrial establishments, protect the legitimate rights of employees and the legitimate interests of 1nd~, so that industrial harmony and cooperation may lead to increased production and productivity, increased flow of, goods and services and consequent improvement in the standards of living of the people and a greater measure of social justice 4 the exwession - 'indus try" has been widely interpreted by the supreme court recently having !regard to the nature of the work performed! in hospitals, the need to maintain in educational and training institutions and in scientific and research organisations an atmosphere different from that in industrial and commercial undertakings, and to meet the special needs of organisations engaged in charitable, social and philanthropic services, such institutions and organisations are being ex oluded from the provisions of the bill it is proposed to have a separate law to protect employees of such institutions and organisation from llt'bitraryaction and to provide procedures and machinery for the rediresa of their individual and collective grievances all these have been taken note of and the term "industry" in the bill has been made more specific even while making the coverage wider the scope of the term "employee" has also been enlarged to cover the supervisory staff whose wages do not exceed rs 1,000 per month as well as those eml-)loyed in sales promotion, professional or recreational work 5 multiplicity of trade unions has often led to difficulty in identifying the negotiating agent this has sometimes resulted in competitive demands and irt"esponsible industrial action the bill, therefore, seeks to provide for conditions which are conducive to the growth of a health, and responsible trade union movement the existing minimum condttionsfor registration are being changed in the light of the growth that the trade union· movement has registered in the last few decades it is sought to encourage leadership from within the trade unions the procedure for registration of unions and other connected mattera are being streamlined a plfocedure is being laid down for the speedy resolution of trade union disputes the bill also provides that employers and employees and the trade unions of employers and employees should adhere to fair practices 6 one of the crucial issues confronting the industrial relations scene i the question of identifying a negotiating unit on which there is at present no central law the bill provides for the determination of a negotiating unit by the appropriate government industrial tribunala will determine through the wocess of verification of membership of the unions or by secret ballot the "negotiating agent", the "associate union" and the "local union" it will be fur the appropriate government to decide inter alia in the light of the state of unionisation in the industry and certain other matters, whether such determination will be done through a secret ballot or through verification of membership according to the &cheme ot certification, a registered trade union can be certified as a 101e negotiating agent jf it has the support of 65 per cent or more of the emwoyees of an establishment or as chief negotiating agent if it baa the support of less than 65- per cent but not less than 50 per cent of the em,p~?)"e¥- in the latter case, other registered trade unions with the 8uppprt ofat lellit 2o~r cent of the employees will function as associate ~o~ %exe there is, no trade union or none qualifies as a negotiating ~en,t, :~egotiati~ committee would be formed by election tbrou8h ~~, ~~ to functicm as th~ sole negotiating agent ina local unit of lqestabushnleqt where there is an industry-wise negotiating agent, a resa-tered ~~ union with the maximum support but not less than 40 per cent of tbe employees of that unit can be certified as a local union a 'e89tiatingagent would hold office for two years and be competent t(, negotiate with the management and enter into binding settlements the bill provides for the rights and privileges of a negotiating agent, associate unions and local unions it also provides additional protection to the office-bearers ot; such\ulions against anti-union practices these measures would provide the much-needed stability in the employer-employee relatiolulhip ,in industrial establishments 7 the bill, for the first t!ime, makes a specific proviaion lor biplfw negotiations 81 the first step for settling industrial dilputel tbii m tended flo promote mutual understanding and ioodwill '1'he bw , lays stress 011 the need to exhaust all modea of settlement wre ~ tiod, conciliation, arbitration, etc, before ettlier party decidet to l'8iort to direct action these procedures would b time-bouad a dilunctlioll will be made between establishments or undertalddp that cater to essential services and others in the former, there would be compulloq reference of disputes for adjudication, or arbitration fawng biputue negotiations and conciliation; in these ca&eii there would therefore be no need for any work-stoppage either in the fonn of a strike or lockout; and all sections of society will be assured of continue4 availability of these essential services in non-essentiai services, where diapuaet c~t be settled by any other means and the employees want to l'eiort te strike it would be necessary for a negotiating agent to conduct a itrike blilot and obtain the support of 60 per cent of the employee bebe 8 strike is resorted to it would also be req\lired to give 14 dey' notice before going on strike in the cne of a lock-out, it wouid be deeell11u'j tor the employer to give 14 days' notice after recordint the approval of the highest authority in the establishment to such dotice 8 disputes are classified in the bill into three caiegoriel, damel¥, individual, industrial and trade union disputes in 10 far a8 iildivic&l disputes are concerned, the law would provide for a statugny grievance procedure within an establishment and every employee with a grievance ean have recourse to it if the aggrieved employee is not satided with the decision of the griev8l\ce settlement authority be wmdd be endt1ecl to approach a labour court direct to have his cue judicially detezmlbed in industrial disputes, the referel'lce would be made by the appropdate government in the case of trade union disputes the matter ean be taitea to a tribunal by any member of a trade union or a trade union or the appropriate government if the appropriate government i aatisfied that there is a joint consultative machinery, tribunal or other body alreimi, fi1nctioning in any industrial establishment or undertaking to tlae bed of the employees, that government may, by notiacation in the 01bcial gazette, direct that the provisions of chapters iv, ix and xu shah app, in re:tation to that establishment or undertaking with the modifteattooa ~ed in the notiftcation 9 industrial judiciary would consist of labour courts, industtfai tribunals and national industrial relations commission these bodies would have their runctions clearly defined the national industrlft relations commission, besides adjudicating luch disputes as are at present adjudicated by the national tribunals, will also advise the central government on such matters as may be referred to it the labour courts, tribunals, etc, would ~lao be required to give their decision within certain stipulated time limits the bill seeks to confer on these authorities power to issue interim order 01 stay and injuncttml~ to grant relief during the pendency of proceedings and to execute their awards and orders 10 under the bill employees in establishments employing 20 or more employees and affected by lay-off would be entitled to 50 per eat of their wages for the first month of lay-off and 75 per cent for flb~uedt months in respect of lay-off, retrenchment and closure the employment limit of an establishment for the purpose of prior permission would be 100 instead of 300, as at present there would be exemptions from this requirement in certain cases 11 change in conditions of service sometimes becomes a major lrrltaftt in the labour--management relations at present the law requirel in certain cases a notice to be given before the employers can effect 8ft1 changes the bul provides that as a rule, all changes in the condittorl8 of service, except in respect o~ specified matters can be brought about only \\lith the ronsent of the employees likely to be affected by the changes the law would also empower the appropriate government to specify, as an interim measure a set of conditions of service and relief for any class of employees in any collective disputes 12 with a view to simplifying procedures, the bill provides for the making of uniform standing orders on certain specified matters by l'lottfleation 1j:y the central govemment parties would be free ~ supplement them by bipartite settlements a statutory provision is alsn being made for the payment of subsistence allowance to emp,loyeer; under suspension, pending domestic enquiry 13 a serious draw·back of the existing enactments is that the provfildm l'oi1tained in them particularly for the enforcement of _uements aaa awam for ehecting illegal strikes and loek-outs, ete, baw! not been elllettve and persons entttled to relief ftnd it difficult to enforce-their nib-t to mad the law efteettve, the bill aeeks to make the peml prev1etons in tl1e law more stringent 14 with the enactment of the industrial relations bill, the tliree central laws would be repealed under the transitional provisions, provision has been made to enable the bringing into force of the legislation in dift'erent states on different dates a state law would cease to be in fmoe on the enforcement of the provisions of this legislation in that state new deun; ravindra varma ?he 18th augun, 19?6 sub-clause (1) of clause 3 of the bill empowers the central government to appoint a chief labour commissioner and sub-clause (2) of that: clause empowers that government to awoint joint chief laobourcommissioners, deputy chief labour commissioners, regional labour commissioners, assistant labour commissioners and such other officers as it, may consider necessary to assist the chief labout commissioner in the dilcharge of his duties 2 under sub-clause· (1) of clause 4, the central government' may appoint such number of conciliation officers as it thinks fit charged with the duty of mediating in and promoting the settlement of industrial disputes 3 under sub-clause (1) of clause 8, the central government may coni-titutecourts of inquiry for inquiring into any matter' connected or appearing to be connected with or relevant to an industrial dispute or trade union di~ute 4 under sub-elause (1) of clause 9 of the bill, the central govemm~t is empowered to eltabhsli such number of labourceurts a81t tbtnka fit and under sub-elauae (il of that clause, the central government ism appoint the prestdfng ofilcers of such la'bour courts similarly, un_ iub-elnie (1) of clauae 10, the central government is empowered ;to, establish industrial tribunals and under sub-clause (3)· of that clause, tlle central government is to appoint presiding officers of such industrial tribunals 5 clause 11 of the bill empowers the central government to constitute national industrial relations commissions' 8 there are at present a chief labour commissioner, a joint chief labour commissioner, deputy chief labour com~issioners, regional labour commissioners, assistant labour commissioners, conciliation oftlcers and labour courts-cum-industrial tribunals but if, the bill is enacted and brought into force, a few more surh officers may have to be appointed for its effective implementation similarly for more expeditious adjudication of disputes within the t:me limits provided therefor in the bill, the number of la:bour courts and jndu~trial tribunals may have to be lnc1'eased additional staff to assist the aforementioned officers and labour courts and industrial trlbun"ls also would have to be provided 7 it is difficult to make an accurate assessment at this stage of the number of additional officers of the categories aforementioned or additional staff that will have to be appointed, or the additional number of labour courts and tribunals that may be needed, for the effective enforcement of the proposed legislation, courts of inquiry and national ir-dustrial relations commissions are to be appointed as and when the nped arises it is, however, estimated that the annual recurring expenditure if the bm 11 enacted and brought into operation is likely td be rs 13 jakm the non-recurring expenditure is likely to be rs 7 lakhs clause 148(3) of the bill empowers the appropriate government, by dotification in the oftlcial gazette, to direct that the provisions of clause 77 of the bill shall not apply or shall apply subject to such modifications, as may be specified in the notification, to any class of industrial estab-uahments or \ulciertakings or any class of employees employed in any indus1lrial;establishment or i undertaking where tile awrof1l'iate g0-vernment is of the opinion that the application of the provisions of clause 77 to such class of industrial establishments or undertakings or such class of employees is likely to affect prejudicially the employers in relation thereto and that the public interest so requires 2 clause 149 of the bill empowers the appropriate government to direct, by notification in the official gazette, that the provisions of chapter iv, chapter ix and chapter xii shall apply in relation to 'ny industrial establishment or undertaking with such modifioations as may be specified in such notification, where in such industrial establishment or undertaking any joint consultative machinery consisting of representatives of employees and employers or any other body has been set up for the purpose of settling individual disputes or industrial disputes and the appropriate government is sati9fied that the functioning of such joint consultative machinery or other body has been beneficial to the employees employed in such industrial establishment or undertaking 3 sub-clause (1) of clause 15 mpowers the appropriate government to include in the first schedule qii ~dustry not specified therein, where the appropriate government is sa that public interest requires that such industry, which is essenti to the life of the community, should be declared as an essential servi 4 sub-clause (2) of clause 157 of the bill empowers the central government to omit, by notification in the omeial gazette, any industry from the first schedule 5 sub-clause (3) of clause 157 of the bill empowers the centr~l government, to add to or alter or amend, by notification in the official gazette, the second schedule, the third schedule or the fourth schedule 6 sub-clause (1) of clause 159 empowers the appropriate government to make rules for the purpose of giving effect to the provisions of the bill sub-clause (2) of the clause enumerates the m~tters in regard to whi::h such rules may be made the matters in regard to which such rules may be made relate, inter alia, te>-(i) the terms and conditions of service of the presiding officer of a labour court or tribuna1; (ii) the manner of ~qtifyiqg by t~e tribunalof its intertion to determine the support of a registered trade union 01 emplbyees i ' or election to choose the chairman or other members of a negotiating committee; (iii) the form in which an application by a registered trade union of employees for qertification as sole negotiating agent, chief negotiating agent, associat4; union or local union shall be made, the particulars which such application shall contain and the fees which shall accompany such application; (iv) the procedure in enquiring into an application by a registered trade union of employees for certification as negotiating agent or local union; (v) subject to the provisions of the bill, the manner of the election of the chairman and other members of a negotiating committee, the persons qualified to stand for election, the disqualifications for being chosen as and for being such chairman or other meml,er, the manner of settlement of disputes relating to the election and the filling up of casual vacancies in the negotiating committee; (vi) the constitution and procedure of grievance settlement authority; (vii) the manner in which any dispute pertaining to a strike ballot shall be decided by the registrar; (viii) the manner in which any award, determination or decision of a labour court, tribunal or nat~onal commission is to be executed wers the central governmf>nt ctions of a national commission and the terms and conditions of 7 sub-clause (3) of clause 159 e to make rules to provide for th under sub-clause (1) (c) of cia service of the presiding officer 8 sub-clause (4) of clause 159 empowers the state government to make rule; to provide for th~ various matters enwdefated in that subclause the matters in regard to which such rules may be made relate, inter alia, t~ (i) the form in which the general statement of assets ilnd liabilities of a trade union is to be delivered to the registrar and the particulars which such statement shall contain; (ii) the manner of audit of the accounts of a tracie union; (iii) the manner in which and the time within which n per/!vn aggrieved by the refusal of the registrar to register a trade union or by the cancellation of a certificate of registration may appeal to the tribunal; (iv) the manner in which the membership fee deducted bythe employer from the wages of the employees is to be paid over by such employer to the trade union concerned; (v) the date on or before which an office-bearer of a trade union is to file a statement of his assets and jiabilities every year 9 the rules which the appropriate government, central government or state government are empowered to make under clause 159 are to be made by notification in the official gazette and the power to make such rules is subject to the condition of previous publication every notification issued by a state government under clause 157, amending the schedules, and every rule made by that government under clause 159 are to be laid before the state legislature and every notification issued by the central government under clause 157 and every rule made by the central government under clause 159 are to be laid before the parliament 10 the delegation of legislative power under the aforementioned provisions relates to matters of procedure or administrative detail or to matters in respect of which it is not practicable to make detailed provisions hence, the! delegation of legislative power is of a normal character annexure extbact i'so!ii the sales pbomonon empooyus (condmons or snmci') act, 1976(11 ,01' 1976) - - " - " 10 (1) - - 14 of 1947 application of certain acts to sales promotion employees (2) the provisions of the industrial disputes act, 1947, as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that act and for the purposes of any proceeding under that act in relation to an industrial dispute, a sales promotion employee shall be deemed to include a sales promotion employee who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute or whose dismissal, discharge or retrenchment had led to that dispute - billto colllqudate and amend the law relating to the reg1stratioll of trade udiodi of employees and employers, the rights and liabilities of registered trade unions and settlement of trade union disputes, the coilditiods of employment of employees and the investigation and eewement of disputes between employees employed in ind~trial eatabubments or undertakings and their employers, and for matters connected therewith or incidental thereto, with a view to promoting healthy industrial relations leadigg to accelerated economic develop ment and social justice, '' '\\' ,;, ", (shri ravindra varma, minibter of parliamentary affairs am labour) | Parliament_bills | ed49dee9-bec1-59c5-9d46-c8657ec6a9d7 |
bill no i of 2002 the government of union territories (amendment) bill, 2002 a billfurther to amend the government of union territories act, 1963be it enacted by parliament in the fifty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the government of union territories (amendment)act, 20025(3) it shall come into force on such date, as the central government may, bynotification in the official gazette, appoint2 for section 44 of the government of union territories act, 1963 of the following section shall be substituted namely:—substitution of new section for section 44 of act 20 of 196310council of ministers to act and advise the lieutenant governor"44 (1) there shall be a council of ministers with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions, except in so far as he is required by or under the constitution to exercise his functions in his discretion5(2) if any question arises as to whether any matter is or is not a matter as respects which the lieutenant governor is by or under the constitution required to act in his discretion, the decision of the lieutenant governor in his discretion shall be final, and the validity of anything done by the lieutenant governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion(3) the question whether any, and if so what, advice was tendered by ministers to the lieutenant governor shall not be inquired into in any court" statement of objects and reasonsthe government of union territories act is in force since the year 1963 the status of union territory was conferred on pondicherry in the year 1963 by virtue of the powers conferred under section 44 of the government of union territories act, 1963, in the administration if any dispute arose in between the council of ministers and the administrator, the decision of the administrator will prevail the council of ministers is only appointed to aid and advise the administrator they cannot function independently even though the estimates committee recommended in the year of 1996 that the council of ministers of union territories should have all powers as the council of ministers of state governments are having, the recommendations of the committee have not been implemented so farhence this billcp thirunavukkarasu rajya sabha a billfurther to amend the government of union territories act, 1963(shri cp thirunavukkarasu, mp)mgip(plu)mrnd—4795rs—05-02-2002 | Parliament_bills | d22c5a9e-ca40-5464-bc7b-59a249917f75 |
bill no, 73 of 1968 the uttar pradesh appropriation (no 3) bill, 1968 a billto authorise payment and appropriation of certain further sums from and out af the conaolidated fund of the state of uttar pradesh for the aeroices of the :financial year 1968-69 be it enacted by parliament in the nineteenth year of the republic of india as follo\lfs:- 1 this act may be called the uttar pradesh appropriation short(no 3) act, 1968 title to the sum of thirty-one crores, forty-two lakhs, sixty-seven thousand and five hundred rupees towards defraying the several charges which will come in course of payment during the financial year 1968-69, in respect of the services specified in column 2 of the schedule and out of the consolidated fund of the state of uttar pradesh for the finencial year 1968-69 appropriation 3 the swns authorised to be paid and applied from and out ot 5 the consolidated fund of the state of uttar pradesh by this act shall be appropriated for the services and purposes exprcs3'ed in the schedule in relation to the said year -i --------------------------5 total sums not cltceedinl of no·1 vote/ services ",it purposes -, i voted by i parliament chilled on the coi1loii-i dlted fund -' -m--~--o-n-s---------------i rs 10 ra 9 rs i i i i 56, i 1,000 - i 10 general administration u,87400 ii commi~aione~s and dlltrict i admidiltratlon i 15 58900 13 administration of justice 74,600 74,600 i 14 j_il& ~6,s5900 15 police 26,55,90) i 1,100 1,374qo 17 i scicntillc rclcarcii and cultural 'affain 1,p~oo 20 18 education 1,40400 i 15,26,100 19 medicil 3800 i p,200 500 41,700 : 21 i aaficultural devdopment 23 animal hulbaddry 40 0 filbari~ and 12,00,000 il,oo,ooo , ~ co-opcrati\l4l - 25 k,9o,000 : 1,900 i ~s lddulcriu 100 i 1,300 26 planning and co-ordination 28 information di,rec:torate 1,:100 i i 300 29 scheduled and bac:kward cl ses 30 6,02,300 (\,03,300 31 irrigatioq works met from revenue 16,00,000 36,00,000 3~ irrigation bltabliahmcnt 33 public worb met from revenue 35 36 grallu-in-aid of public workl ~----------~-----------------------------sum not exceedidl servica nd pllrpoa es total 5 no : of, votej votecs by i , __ ~arliudent ~-, -~-~---i ,----------_"------------~-----------i chupd on i the __ conlol;-i dated fund , ri re ri i i i ! i forest i 42, i 100 100 jo 1,15,,00 1,15,700 44 : expenditure connected with i i the national bmeraeucy - --i , ,--10,00,00,000 10,00,00,000 i 45 capital outlay on agricultural i schema i 1,06,21,000 : 1,06,21,000 15 3,00,00,000 ; 3,00,00,000 4~ capital outlay on industrial and economic developm~nt i <4, capital outlay i)d multipurpole i river schemel --- i <48 capital outlay on irriltion works 49 capital outlay on public work - 100,31,400 i 58,800 240,800 __ so 1 capilal ~utlay on road i tranlpnrt and other schemel i' 1,82,000 i 25 965,<40,000 i i' 9,65,40 ,000 ,--i :r;~ i loan iidd advance besrilll i interett " i --j--total --------~,----------3,07,900' 3 ,42,67,500 i ---------,----------- sta tement of objects and reasonsthis bill is introduced in pursuance of articles 204(1) and 205 of the constitution and the proclamation issued under article 356 of the constitution in respect of the state of uttar pradesh on the 25th february, 1968, as varied by the proclamation issued on the 15th april, 1968, to provide for the appropriation out of the consolidated fund of the state of uttar pradesh of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the state of uttar pradesh and the grants made by the lok sabha for expenditure of the government of uttar pradesh for the financial year 1968-69 morarji desai president's recommendation under article 207 of the constitution of india[copy of letter no f5(9)-b/68, dated the 8th august, 1968, from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of uttar pradesh for the services of the year ending on the 31st day of march, 1969, recommends under clauses (1) and (3) of article 207 of the constitution read with article 205 thereof and the proclamation dated the 25th february, 1966 issued under article 356, of the constitution as varied by the proclamation issued on the 15th april 1968, the introduction of the uttar pradesh appropriation (no3) bill, 1968 in the lok sabha and also the consideration of the bill 2 the bill will be intrqduced in the lok sabha after all the sup-plementary demands 'for grant's for 1968-69 have been voted, ''', ~ , ':: t ',,~; i' a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of uttar pradesh for the services of the financial year 1968-69 (sltr; morar); desai, deputy prime minister and minister of finance) | Parliament_bills | b4d49604-30c0-565f-bd03-f00fc84fa563 |
bill no xlvi of 2019 the prevention of insult to the father of the nation and other icons of freedom movement bill, 2019 a billto prevent insult to the father of nation and other icons of freedom movement or showing of respect to assassins of the father of the nationbe it enacted by the parliament in the seventieth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the prevention of insult to the father of the nation and other icons of freedom movement act, 20195(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) 'father of the nation' means mohandas karamchand gandhi alias mahatma gandhi(b) 'insult' means exhibiting contempt or disrespect to the father of the nation and other incons of freedom movement by words, either spoken or written, or by acts and includes showing respect to the assassins of the father of the nation; and5(c) 'other incons of freedom movement' means persons who fought for freedom of the country and monuments related to freedom movement 3 whoever in any public place or in any other place within the public view insults the father of the nation or other incons of freedom movement, shall be punished with imprisonment for a term which may extend to seven years or with fine or with bothpenalty on insult to the father of nation and other of freedom icons movement104 whoever, having already been convicted of an offence under section 3, is again convicted of any such offence, shall be punishable for the second and every subsequent offence, with imprisonment for a term which shall not be less than three yearsenhanced penalty on second and subsequent convictions statement of objects and reasonsduring the recent years, instances of insult to the father of the nation and other icons of freedom movement have increased the existing laws have failed to check repeated insults to the father of the nation and other icons of freedom movement, miserably in such scenario it is necessary to undertake measures to ensure respect owed to freedom struggle and its heroes, by providing and legislating harsh punishment to those who are trying to malign the image of the father of the nation and other icons of freedom movementhence, this billjaved ali khan———— a billto prevent insult to the father of the nation and other icons of freedom movement or showing of respect to assassins of the father of the nation————(shri javed ali khan, mp)mgipmrnd—4328rs(s3)—11-12-2019 | Parliament_bills | 9517fdee-a55c-5ea8-8022-7173f9f6254a |
extracts from the citizenship act, 1955 (57 or 1955)4 (1) a person born outside india on or after the 26th j anuary, 1950, shall be a citizen of india by descent if his father is a citizen of india at citizenship by descent, the time of his birth: provided that if the father of such a person was a citizen of india by descent only, that person shall not be a citizen of india by virtue of this section unless— ! (a) his birth is registered at an indian consulate within one year of its occurrence or the commencement of this act, whichever is later, or, with the permission of the central government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under a government in india % (3) for the purposes of the proviso to sub-section (1), any male person born outside undivided india who was, or was deemed to be, a citizen of india at the commencement of the constitution shall be deemed to be a citizen of india by descent only renuncia tion of citizenship (2) where a male person ceases to be a citizen of india under subsection (1), every minor child of that person shall thereupon cease to be a citizen of india: provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume indian citizenship and shall thereupon again become a citizen of india | Parliament_bills | a48fd4d7-6e7c-56cb-8882-db197b6b38a8 |
bill no xxxvii of 2009 the representation of the people (amendment) bill, 2009 a billfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the representation of the people (amendment) act, 2009short title and commencement(2) it shall come into force on such date as the central govt may, by notification in the official gazette, appoint52 for section 66 of the representation of the people act, 1951, the following shall be substituted namely:—amendment of section 66 of act 43 of 1951 declaration of results10''66 (1) when the counting of votes has been completed, the returning officer shall, in the absence of any direction by the election commission to the contrary, forthwith declare the result of the election in the manner provided by this act or the rules made thereunder provided that the winning candidate has secured not less than an absolute majority of the valid votes polled(2) in the event of no candidate having polled the requisite majority of votes, there shall be a repoll within a week amongst two candidates who have polled highest and the second highest number of votes at the original poll and at the completion of the repoll in accordance with the provision of this act and the rules made thereunder, the returning officer shall declare the result forthwith in accordance with the provisions of sub section (1) of section 66" statement of objects and reasons we have adopted parliamentary system of democracy and the peoples'representatives to the house of the people and state legislative assemblies are elected through direct election there is, however, no stipulation regarding the minimum number of votes required to be polled by the winning candidates in view of the multiplicity of parties in our system and unrestricted number of candidate's allowed to contest elections, the winning candidates in a vast majority of cases poll very low percentage of valid votes polled and can, therefore, hardly be treated as having a true representative character there is, therefore, a need that a provision be made that the winning candidates should poll absolute majority of valid votes polled in the event of no candidate securing the requisite majority of votes, there should be a repoll amongst the two candidates having polled the highest and the next highest number of valid votes this will make the elected representatives truly having representative character accordingly, section 66 of the representation of the people act, 1951, is required to be suitably amendedhence this billrajeev chandrasekhar annexure extract from the representation of the people act, 1951 declaration of results66 when the counting of the votes has been completed, the returning officer shall, in the absence of any direction by the election commission to the contrary, forthwith declare the result of the election in the manner provided by this act or the rules made thereunder rajya sabha————— a billfurther to amend the representation of the people act, 1951—————(shri rajeev chandrasekhar, mp)gmgipmrnd—5151rs(s5)—4-12-2009 | Parliament_bills | d4db7c16-f6c4-578c-8c7c-9e27cf58b9ea |
the code on social security, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent, commencement and application 2 definitions 3 registration of establishment chapter ii social security organisations4 constitution of central board of trustees 5 constitution of employees' state insurance corporation 6 national social security boards 7 constitution of state building workers welfare boards 8 disqualification and removal of a member of any social security organisation 9 procedure for transaction of business of social security organisation, etc10 executive heads of central board and corporation 11 supersession of corporation, central board of trustees, unorganised workersnational social security board or state unorganised workers social security board12 state board, regional boards, local committees, etc 13 entrustment of additional functions to social security organisations chapter iii employees provident fund14 appointment of officers of central board 15 schemes 16 funds 17 contribution in respect of employees and contractors 18 fund to be recognised under act 43 of 1961 19 priority of payment of contributions over other debts 20 chapter not to apply to certain establishment 21 authorising certain employers to maintain provident fund accounts 22 transfer of accounts 23 appeal to tribunal chapter iv employees state insurance corporation24 principal officers and other staff clauses25 employees' state insurance fund 26 purposes for which employees' state insurance fund may be expanded 27 holding of property, etc 28 all employees to be insured 29 contributions 30 administrative expenses 31 provisions as to payment of contributions by employer, etc 32 benefits 33 corporation's power to promote measures for health, etc, of insured persons 34 presumption as to accident arising in course of employment 35 accidents happening while acting in breach of law, etc 36 occupational disease 37 references to medical board 38 dependants' benefit 39 medical benefit 40 provision of medical treatment by state government or by corporation 41 general provisions as to benefits 42 corporation's rights when an employer fails to register, etc 43 liability of owner or occupier of factories, etc, for excessive sickness benefit 44 scheme for other beneficiaries 45 schemes for unorganised workers, gig workers and platform workers 46 exemption of factories or other establishments belonging to government or anylocal authority47 contributions, etc, due to corporation to have priority over other debts 48 constitution of employees' insurance court 49 matters to be decided by employees' insurance court 50 powers of employees' insurance court 51 proceedings of employees' insurance courts 52 appeal to high court chapter v gratuity53 payment of gratuity 54 continuous service 55 nomination 56 determination of amount of gratuity 57 compulsory insurance 58 competent authority chapter vi maternity benefit59 employment of, or work by, women prohibited during certain period 60 right to payment of maternity benefit clauses 61 continuance of payment of maternity benefit in certain cases62 notice of claim for maternity benefit and payment thereof 63 payment of maternity benefit in case of death of a woman 64 payment of medical bonus 65 leave for miscarriage, etc 66 nursing breaks 67 creche facility 68 dismissal for absence during pregnancy 69 no deduction of wages in certain cases 70 forfeiture of maternity benefit 71 duties of employer 72 power of inspector-cum-facilitator to direct payments to be made chapter vii employee's compensation73 reports of fatal accidents and serious bodily injuries 74 employer's liability for compensation 75 compensation in case of death of or injury in plantation 76 compensation in case of death of or injury in plantation 77 compensation to be paid when due and damages for default 78 method of calculating monthly wages for purposes of compensation 79 review 80 commutation of half-monthly payments 81 distribution of compensation 82 notice and claim 83 special provisions relating to accidents occurring outside indian territory 84 medical examination 85 contracting 86 remedies of employer against stranger 87 insolvency of employer 88 power to require from employers statements regarding fatal accidents 89 registration of agreements 90 reference to competent authority 91 appointment of competent authority 92 venue of proceedings and transfer 93 form of application 94 power of competent authority to require further deposit in cases of fatal accident 95 powers and procedure of competent authority 96 appearance of parties 97 method of recording evidence 98 power to submit cases 99 appeal against order of competent authorityclauses chapter viiisocial security and cess in respect of building and other construction workers100 levy and collection of cess 101 interest payable on delay in payment of cess 102 power to exempt from cess 103 self-assessment of cess 104 penalty for non-payment of cess within the specified time 105 appeal to appellate authority 106 registration of building workers as beneficiaries 107 cessation as a beneficiary 108 building and other construction workers' welfare fund and its application chapter ix social security for unorganised workers109 framing of scheme for unorganised workers and constitution of social securityfund for gig workers, platform workers, etc110 funding of state government schemes 111 record keeping 112 workers facilitation centres 113 registration of unorganised worker 114 schemes for gig workers and platform workers chapter x finance and accounts115 accounts 116 audit 117 budget estimates 118 annual report 119 valuation of assets and liabilities 120 holding of property, etc 121 writing off of losses chapter xi authorities, assessment, compliance and recovery122 appointment of inspector-cum-facilitators and their powers 123 maintenance of records, registers, returns, etc 124 employer not to reduce wages, etc 125 assessment and determination of dues from employer 126 review of orders passed under section 125 127 appeal against order of authorised officer 128 determination of escaped amount 129 interest on amount due 130 power to recover damages 131 recovery of amount due 132 validity of certificate and amendment thereof clauses133 other modes of recovery 134 application of certain provisions of income tax act chapter xii offences and penalties135 punishment for failure to pay contributions, etc 136 enhanced punishment in certain cases after previous conviction 137 offences by companies 138 cognizance of offences 139 prior opportunity before prosecution 140 compounding of offences chapter xiii employment information and monitoring141 reporting of vacancies to career centres 142 exclusions from application of this chapter chapter xiv miscellaneous143 application of aadhaar 144 power to exempt establishment 145 liability in case of transfer of establishment 146 members, officers and staff to be public servants 147 protection of action taken in good faith 148 misuse of benefits 149 power of central government to give directions 150 power to frame schemes 151 protection against attachment, etc 152 power to amend schedule 153 power of appropriate government to make rules 154 power of central government to make rules 155 power of state government to make rules 156 power of corporation to make regulations 157 prior publication of rules, regulations, etc 158 rules to give effect to arrangements with other countries for the transfer of moneypaid as compensation159 laying of rules, regulations and schemes, etc 160 effect of laws and agreements inconsistent with this code 161 delegation of powers 162 power to remove difficulties 163 repeal and savingsthe first schedule the second schedule the third schedule the fourth schedule the fifth schedule the sixth schedulebill no 375 of 2019 the code on social security, 2019 a billto amend and consolidate the laws relating to social security of the employees and the matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the code on social security, 20195(2) it extends to the whole of indiashort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this code and any reference in any such provision to the commencement of this code shall be construed as a reference to the coming into force of that provision(4) the applicability of the chapters specified in columns (1) and (2) of the first schedule shall, without prejudice to the applicability of the other provisions of this code, be such as is specified in corresponding entry in column (3) of that schedule5(5) notwithstanding anything contained in sub-section (4), where it appears to the central provident fund commissioner whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iii should be made applicable to that establishment, the central provident fund commissioner, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement10 15(6) notwithstanding anything contained in sub-section (4), where it appears to the director general of the corporation, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iv should be made applicable to that establishment, the director general of the corporation, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement20(7) notwithstanding anything contained in sub-section (4), an establishment to which any chapter applies at the first instance shall continue to be applied thereafter even if the number of employees therein at any subsequent time falls below the threshold specified in the first schedule in respect of that chapterdefinitions2 in this code, unless the context otherwise requires,— (1) "agent" when used in relation to an establishment, means every person, whether appointed as such or not, who acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of such establishment or part thereof;25(2) "aggregator" means a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider;(3) "appropriate government" means—30 35(a) 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 or in relation to an establishment having departments or branches in more than one state, as the case may be, the central government; and(b) in relation to any other establishment, the state government;40(4)"audio-visual production" means audio-visual produced wholly or partly in india including animation, cartoon depiction and audio-visual advertisement including digital production or any of the activities in respect of making thereof;(5) "authorised officer" means such officer of the central board, or as the case may be, of the corporation notified by the central government;45(6) "building or other construction work" means the construction, alteration, repair, maintenance or demolition in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, internet5towers, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua-ducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the central government, by notification, but does not include any building or other construction work of any factory or mine or any building or other construction work employing less than ten workers or any building or other construction work related to own residential property not employing the workers more than such number as may be notified by the central government from time to time;10(7) "building worker" means a person who is employed to do any skilled, semi-skilled or unskilled, manual, technical or clerical work for hire or reward, whether the terms of such employment are express or implied, in connection with any building or other construction work, but does not include any such person who is employed mainly in a managerial or supervisory or administrative capacity;15(8) "career centre" means any office (including employment exchange, place or portal)established and maintained in the manner prescribed by the central government for providing such career services (including collection and furnishing of information, either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode) as may be prescribed by the central government, which may, inter alia, relate generally or specifically to—20(i) persons who seek to employ employees; (ii) persons who seek employment; (iii) occurrence of vacancies; and (iv) persons who seek vocational guidance and career counseling or guidanceto start self-employment;25(9) "central board" means the board of trustees of the employees' provident fundconstituted under section 4;(10) "central provident fund commissioner" means the central provident fund commissioner of the central board appointed under sub-section (1) of 14;(11) "child", for the purposes of chapter vi, includes a stillborn child;30(12) "commissioning mother" means a biological mother who uses her egg to createan embryo implanted in any other woman;(13) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;18 of 2013(14) "compensation" means compensation as provided under chapter vii;35(15) "competent authority" means any authority notified by the appropriategovernment as competent authority for the purposes of chapters v, vi and vii and the provisions of this code relating to those chapters;(16) "completed year of service" means continuous service for twelve months;40(17) "confinement" means labour resulting in the issue of a living child, or labour aftertwenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead;45(18) "contract labour" means a worker who shall be deemed to be employed in or inconnection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the employer and includes inter-state migrant worker but does not include an employee (other than part time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and gets periodical increment in the pay, socialsecurity coverage and other welfare benefits in accordance with the law for the time being in force in such employment;(19) "contractor", in relation to an establishment means a person, who—5(i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment through contract labour; or(ii) supplies contract labour for any work of the establishment as mere human resource and includes a sub-contractor;10(20) "contribution" means the sum of money payable by the employer, under this code, to the central board and to the corporation, as the case may be,and includes any amount payable by or on behalf of the employee in accordance with the provisions of this code;15(21) "contribution period" in relation to an employee, means the period not exceeding one calendar month in respect of which wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise;(22) "corporation" means the employees' state insurance corporation constituted under section 5;(23) "delivery" means the birth of a child; (24) "dependant" means any of the following relatives of deceased employee, namely:—20(a) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother;25(b) if wholly dependant on the earnings of the employee at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm; except for the purposes of chapter iv wherein the word "eighteen" occurring in this sub-clause shall be deemed to have been substituted by the word "twenty-five";(c) if wholly or in part dependant on the earnings of the employee at the time of his death,—(i) a widower; (ii) a parent other than a widowed mother;30(iii) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor;35(iv) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor;(v) a minor brother or an unmarried sister or a widowed sister if a minor; (vi) a widowed daughter-in-law; (vii) a minor child of a pre-deceased son; (viii) a minor child of a pre-deceased daughter where no parent of the child is alive, or;(ix) a grandparent if no parent of the employee is aliveexplanation—for the purposes of sub-clause (b) and items (vii) and (viii) of sub-clause (c), references to a son, daughter or child include an adopted son, daughter or child respectively;(25) "dock work" means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes—5(i) work in connection with the preparation of ships or other vessels for receiptor discharge of cargoes or leaving port;(ii) all repairing and maintenance processes connected with any hold, tankstructure or lifting machinery or any other storage area on board the ship or in the docks; and10(iii) chipping, painting or cleaning of any hold, tank, structure or lifting machineryor any other storage area in board the ship or in the docks;52 of 196115(26) "employee" meansany person (other than an apprentice engaged under the apprentices act, 1961) employed on wages by an establishment to do any skilled, semiskilled 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:20provided that for the purposes for chapter iii and chapter iv, the term "employee"shall mean only such employee drawing wages less than or equal to the wage ceiling notified by the central government, respectively, for said chapters and such other persons or class of persons as the central government may, by notification specify to be employee for the purposes of either of such chapters, or both:25provided further that for the purposes of chapter vii, the term "employee" shall mean only such persons as specified in the second schedule and such other persons or class of persons as the central government, or as the case may be, the state government may add to the said schedule, by notification, for the purposes of that government;30(27) "employer" means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the central government or the state government, the authority specified, by the head of such department, in this behalf or where no authority is so specified, the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—(a) in relation to an establishment which is a factory, the occupier of the factory;35(b) in relation to mine, the owner of the mine or agent or manager having requisitequalification under the law for the time being in force and appointed by the owner or agent of the mine as such;(c) 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 are entrusted to a manager or managing director, such manager or managing director;40(d) contractor; and (e) legal representative of a deceased employer;45(28) "employment injury" means a personal injury to an employee, caused by accident or an occupational disease, as the case may be, arising out of, and in the course of his employment, being an insurable employment only for the purposes of chapter iv, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of india;(29) "establishment" means—(a) a place where any industry, trade, business, manufacture or occupation is carried on; or(b) a factory, motor transport undertaking, newspaper establishment, audiovisual production, building and other construction work or plantation;5(c) a mine or dock work;(30) "executive officer" means such officer of the appropriate government as may be notified by that government for the purposes of chapter xiii or an officer authorised in writing by such executive officer to discharge his duties under that chapter;10(31) "exempted employee" for the purpose of chapter iii, means an employee to whom any of the schemes, referred to in section 15, but for the exemption granted under this code, would have applied;(32) "factory" means any premises including the precincts thereof—15(a) whereon ten or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or(b) whereon twenty or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,20but does not include a mine, or a mobile unit belonging to the armed forces of the union, railways running shed or a hotel, restaurant or eating placeexplanation i—for computing the number of employees for the purposes of this clause, all the employees in (different groups and relays) a day shall be taken into account;25explanation ii—for the purposes of this clause, the mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof;(33)"family " means all or any of the following relatives of an employee or an unorganised worker, as the case may be, namely:—30(a) a spouse ; (b) a minor legitimate or adopted child dependent upon the employee or an unorganised worker, as the case may be;(c) a child who is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, and who is—35(i) receiving education, till he attains the age of twenty-one years; and (ii) an unmarried daughter;(d) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, so long as the infirmity continues;40(e) dependant parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be prescribed by the central government;45(f) in case the employee or an unorganised worker, as the case may be, is unmarried and his parents are not alive, a minor brother or sister wholly dependent upon the earnings of the insured person;(34) "fixed term employment" means the engagement of an employee on the basis of a written contract of employment for a fixed period:provided that—5(a) his hours of work, wages, allowances and other benefits shall not be lessthan that of a permanent employee doing the same work or work of a similar nature; and(b) he shall be eligible for all benefits under law available to a permanent employeeproportionately according to the period of service rendered by him even if his period of employment does not extend to the required qualifying period of employment;10(35) "gig worker" means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship;15(36) "home-based worker" means a person engaged in the production of goods or services for an employer in his home or other premises of his choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment , materials or other inputs;(37) "inspector-cum-facilitator" means an inspector-cum-facilitator appointed under section 122;(38) "inter-state migrant worker" means any person who is recruited by—20(i) an employer in one state for employment in his establishment situated inanother state; or(ii) through a contractor in one state for employment in an establishment inanother state,25under an agreement or other arrangement for such employment and draws wages not exceeding the amount notified by the central government from time to time;(39) "major port" has the meaning assigned to it in clause (8) of section 3 of the indian ports act, 1908;15 of 1908(40) "manufacturing process" means any process for—30(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,cleaning, breaking up, demolishing, refining, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or(ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or35(iv) composing, offset, printing, printing by letter press, lithography,photogravure screen printing, three or four dimensional printing, prototyping, flexography or other types of printing process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing or breaking upshipsor vessels; or(vi) preserving or storing any article in cold storage; or40(vii) such other processes as the central government may notify;(41) "medical practitioner" means a person registered under any law for the time being in force, or any person declared by the state government, by notification, to be qualified as medical practitioner for the purposes of this code:provided that different class or classes of medical practitioner having specific qualification may be notified by the central government for the purpose, of chapter iv and by the appropriate government for other chapters of this code;5(42) "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the medical termination of pregnancy act, 1971;34 of 1971(43) "mine" has the meaning assigned to it in clause (j) of sub-section (1) of section 2of the mines act, 1952;35 of 1952(44) "minor" means a person who has not attained the age of eighteen years;1045 of 1860(45) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy, but does not include any miscarriage, the causing of which is punishable under the indian penal code;15(46) "motor transport worker" means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend the duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attendant, but does not include any such person —(i) who is employed in a factory;20(ii) to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply; (47) "notification" means a notification published in the gazette of india or the official gazette of a state, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly;25(48) "occupational disease" means a disease specified in the third schedule as a disease peculiar to the employment of the employee;(49) "occupier" in respect of a factory means the person who has ultimate control over the affairs of the factory:provided that—30(a) in the case of a firm or other association of individuals, any one of the individual partners or members thereof;(b) in the case of a company, any one of the directors, except any independent director within the meaning of sub-section (6) of section 149 of the companies act, 2013;18 of 201335(c) in the case of a factory owned or controlled by the central government orany state government, or any local authority, the person or persons appointed to manage the affairs of the factory by the central government, the state government or the local authority or such other authority as may be prescribed by the central government,shall be deemed to be the occupier:40provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the central government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier;(51) "organised sector" means an enterprise which is not an unorganised sector; (52) "permanent partial disablement" means, where the disablement is of a permanent nature such disablement as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement:5provided that every injury specified in part ii of the fourth schedule shall be deemedto result in permanent partial disablement;(53) "permanent total disablement " means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement:10provided that permanent total disablement shall be deemed to result from every injuryspecified in part i of the fourth schedule or from any combination of injuries specified in part ii thereof where the aggregate percentage of the loss of earning capacity, as specified in the said part ii against those injuries, amounts to one hundred per cent;(54) "plantation" means—(a) any land used or intended to be used for—15(i) growing tea, coffee, rubber, cinchona or cardamom which admeasuresfive hectares or more;20(ii) growing any other plant, which admeasures five hectares or more andin which ten or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the central government, the state government, by notification, so directs25explanation—where any piece of land used for growing any plant referred to in this sub-clause admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more;30(b) any land which the state government may, by notification, declare and whichis used or intended to be used for growing any plant referred to in sub-clause (a),notwithstanding that it admeasures less than five hectares:provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this code; and35(c) offices, hospitals, dispensaries, schools and any other premises used forany purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises;(55) "platform work" means a form of employment in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services in exchange for payment;(56) "platform worker" means a person engaged in or undertaking platform work;4015 of 1908(57) "port" has the meaning assigned to it in clause (4) of section 3 of the indian ports act, 1908;(58) "prescribed" means prescribed by rules made under this code;45(59)"railway" has the meaning assigned to it in clause (31) of section 2 of the railways act, 1989;24 of 1989(60) "railway company" includes any persons whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway;5(61) "recovery officer" means any officer of the central government, stategovernment, central board or the corporation, who may be authorised by the central government or the state government, as the case may be, by notification, to discharge the functions and to exercise the powers of a recovery officer under this code;(62) "regulations" means regulations made by the corporation under this code; (63) "retirement" means termination of the service of an employee otherwise than on superannuation;1011 of 1976(64) "sales promotion employees" means the sales promotion employees as definedin clause (d) of section 2 of the sales promotion employees (conditions of service) act, 1976;(65) "schedule" means a schedule to this code; (66) "seamen" means any person forming part of the crew of any ship, but does not include the master of the ship;15 20(67) " seasonal factory " means a factory which is exclusively engaged in one or moreof the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of ground-nuts, the manufacture of indigo, lac, sugar (including gur) or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year in a manufacturing process as the central government may, by notification, specify;25(68) self-employed worker" means any person who is not employed by an employer,but engages himself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the central government or the state government, as the case may be, from time to time or holds cultivable land subject to such ceiling as may be notified by the state government;(69) "shop", in respect of a state, means a shop as defined in any law for the time being in force dealing with the shop and for the time being in force in that state;30(70) "social security" means the measures of protection afforded to employees toensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights enshrined and schemes framed under the code;(71) "social security organisation" means any of the following organisations established under this code, namely:—35(a) the central board of trustees for employees provident fund constituted under section 4;(b) the employees state insurance corporation constituted under section 5; (c) the national social security board for unorganised workers constituted under section 6;40(d) the state unorganised workers' social security board constituted under section 6; and(e) the state building workers' welfare boards constituted under section 7;(72) "state" includes a union territory; (73) "state government" includes—45(a) in relation to a union territory with legislature, the government of the union territory; and(b) in relation to a union territory without legislature, the administrator appointed under article 239 of the constitution as an administrator thereof;5(74) "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service, as the age on the attainment of which the employee shall vacate the employment;(75) "temporary disablement" means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury;1014 of 1947(76) "tribunal" means the industrial tribunal constituted by the appropriate government under section 7a of the industrial disputes act, 1947;(77) "unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten;15(78) ''unorganised worker" means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by the industrial disputes act, 1947 or chapters iii to vii of this code;14 of 194720(79) "vacancy", for the purposes of chapter xiii, means an unoccupied post (including newly created post, post of trainee, post filled through apprentice or any unoccupied post created in an establishment by any other means) in a cadre or occupation for the purpose of employing a person in it and carrying remuneration;25(80) "wages" means all remuneration, whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—(a) basic pay; (b) dearness allowance; and (c) retaining allowance, if any,30but does not include—(a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment;(b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate government;35(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;(d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment;40(f ) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or tribunal;(h) any overtime allowance; (i) any commission payable to the employee;45( j) any gratuity payable on the termination of employment; (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:5provided that for calculating the wages under this clause, if payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one half, or such other per cent as may be notified by the central government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:10provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wage15explanation—where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent of the total wages payable to him, shall be deemed to form part of the wages of such employee;(81) "wage ceiling" means such amount of wages or income as may be notified by the central government, from time to time for the purposes of this code;20(82) "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the central government and state government, as the case may be;25(83) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment3 every establishment to which this code applies shall be registered within such time and in such manner as may be prescribed by the central government:registration of establishment30provided that the establishment which is already registered under any other labour law for the time being in force shall not be required to obtain registration again under this code and such registration shall be deemed to be registration for the purposes of this code chapter ii social security organisations35constitution of central board of trustees4 (1) the central government may, by notification, constitute, with effect from suchdate as may be specified therein, a board of trustees for the purposes of chapter iii and the provisions of this code relating to that chapter, for the territories to which this chapter extends for the administration of the funds vested in it in such manner as may be prescribed by the central government, consisting of the following members, namely:—40(a) a chairperson and a vice-chairperson to be appointed by the centralgovernment;(b) not more than five persons appointed by the central government fromamongst its officials;(c) not more than fifteen persons representing governments of such states as the central government may specify in this behalf, to be appointed by the central government;45(d) ten persons representing employers of the establishments to which the scheme referred to in sub-section (1) of section 15 applies, to be appointed by the central government after consultation with such organisations of employers as may be recognised by the central government in this behalf;5(e) ten persons representing employees in the establishments to which schemeframed under chapter iii applies, who shall be appointed by the central government after consultation with such organisations of employees as may be recognised by the central government in this behalf; and( f ) the central provident fund commissioner, ex-officio(2) the central board shall be a body corporate, having perpetual succession and a common seal and shall by the said name sue and be sued10(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, an executive committee from amongst the members of the central board to assist the central board in performance of its functions in such manner as may be prescribed by the central government15(4) the central board may, by order, constitute one or more committees of such composition as may be specified in the order to assist it in the discharge of its functions(5) the terms and conditions, including tenure of office, subject to which a member of the central board and executive committee shall discharge their respective duties may be such as may be prescribed by the central government:20provided that a member of the central board shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed(6) the central board, apart from the functions specified in this code, shall also perform such other functions in such manner as may be prescribed by the central government25constitution of employees' state insurance corporation5 (1) the central government may, by notification, constitute with effect from such date as may be specified therein, a corporation for the purposes of chapter iv and the provisions of this code relating to that chapter, for the administration of scheme of employees state insurance (hereinafter referred to as employees' state insurance scheme) in such manner as may be prescribed by the central government, consisting of the following members, namely:—(a) a chairperson to be appointed by the central government;30(b) a vice-chairperson to be appointed by the central government; (c) not more than five persons to be appointed by the central government fromamongst its officials;(d) one person representing each of such states in such manner, as may beprescribed by the central government;35(e) one person to be appointed by the central government to represent theunion territories;(f) ten persons representing employers to be appointed by the centralgovernment in consultation with such organisations of employers as may be recognised for the purpose by the central government;40(g) ten persons representing employees to be appointed by the centralgovernment in consultation with such organisations of employees as may be recognised for the purpose by the central government;45(h) two persons representing the medical profession to be appointed by thecentral government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the central government;(i) three members of parliament of whom two shall be members of the house of the people (lok sabha) and one shall be a member of the council of states (rajya sabha) elected respectively by the members of the house of the people and the members of the council of states; and( j) the director general of the corporation, ex officio5(2)the corporation shall be a body corporate, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, a standing committee from amongst the members of the corporation in such manner, as may be prescribed by the central government10(4) subject to the general superintendence and control of the corporation, the standing committee—(a) shall administer the affairs of the corporation and may exercise any of the powers and perform any of the functions of the corporation in such manner as may be prescribed by the central government;15(b) shall submit for the consideration and decision of the corporation all such cases and matters as may be specified in the regulations made in this behalf; and(c) may, in its discretion, submit any other case or matter for the decision of the corporation20(5) the central government may, by notification, constitute, with effect from such date as may be specified therein, a medical benefit committee of such composition as may be prescribed by it, to assist the corporation in performance of its functions relating to administration of medical benefits(6) the corporation may, by order, constitute one or more committees of such composition as may be specified in the regulations to assist it in the discharge of its functions25(7)the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties may be such as may be prescribed by the central government:provided that a member of the corporation shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed30national social security boards6 (1) the central government shall, by notification, constitute a national social security board for unorganised workers (hereinafter referred to as national social security board) to exercise the powers conferred on, and to perform the functions assigned to it under this code, in such manner as may be prescribed by the central government(2) the national social security board shall consist of the following members, namely:—(a) union minister for labour and employment as chairperson;35(b) secretary, ministry of labour and employment as vice-chairperson;(c) thirty-five members to be nominated by the central government, out of whom—(i) seven members representing unorganised sector workers; (ii) seven members representing employers of unorganised sector;40(iii) seven members representing eminent persons from civil society; (iv) two members representing the lok sabha and one from the rajya sabha;(v) five members representing central government ministries and departments concerned;(vi) five members representing state governments; and(vii) one member representing the union territories;(d) director general labour welfare—member secretary, ex officio5(3) the chairperson and other members of the national social security board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration10(4) the number of persons to be nominated as members from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the national social security board shall be such as may be prescribed by the central government:provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(5) the term of the national social security board shall be three years15(6) the national social security board shall meet at least thrice a year, at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed(7) the national social security board shall perform the following functions, namely:—(a) recommend to the central government suitable schemes for different sections of unorganised workers;20(b) advise the central government on such matters arising out of theadministration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers as areadministered by the central government;(d) review the record keeping functions performed at the state level;25(e) review the expenditure from the funds under various schemes; and (f) undertake such other functions as are assigned to it by the central governmentfrom time to time30(8) the central government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the central government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the central government may refer to it for advice35(9) every state government shall, by notification, constitute a state board to be known as (name of the state) unorganised workers' social security board (hereinafter referred to as the state unorganised workers' board) to exercise the powers conferred on, and to perform the functions assigned to it under this code, in such manner as may be prescribed by the state government(10) every state unorganised workers' board shall consist of the following members, namely:—40(a) minister of labour and employment of the concerned state-chairperson, ex officio;(b) principal secretary or secretary (labour) as vice-chairperson; (c) twenty-eight members to be nominated by the state government, out of whom—(i) seven representing the unorganised workers;45(ii) seven representing employers of unorganised workers; (iii) two members representing the legislative assembly of the concerned state;(iv) five members representing eminent persons from civil society;5(v) seven members representing state government departments concerned; and (d) member secretary as notified by the state government(11) the chairperson and other members of the state unorganised workers' board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration10(12) the number of persons to be nominated as members from each of the categories specified in clause (c) of sub-section (10), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board shall be such as may be prescribed by the state government:15provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(13) the term of the state unorganised workers' board shall be three years20(14) the state unorganised workers' board shall meet at least once in a quarter at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the state government(15) the state board shall perform the following functions, namely:—(a) recommend the state government in formulating suitable schemes for different sections of the unorganised sector workers;25(b) advise the state government on such matters arising out of the administration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers as are administered by the state government;(d) review the record keeping functions performed at the district level;30(e) review the progress of registration and issue of cards to unorganised sector workers;( f ) review the expenditure from the funds under various schemes; and(g) undertake such other functions as are assigned to it by the state government from time to time35(16) the state government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the state government may refer to it for advice40constitution of state building workers welfare boards7 (1) every state government shall, with effect from such date as it may, by notification, appoint, constitute a board to be known as the(name of the state) building and other construction workers' welfare board (hereinafter referred to as building workers' welfare board) to exercise the powers conferred on, and perform the functions assigned to, it under this chapter(2) the building workers' welfare board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the building workers' welfare board shall consist of a chairperson to be nominated by the state government, one member to be nominated by the central government and such number of other members, not exceeding fifteen, as may be appointed to it by the state government:5provided that the building workers' welfare board shall include an equal number ofmembers representing the state government, the employers and the building workers and that at least one member of the board shall be a woman10(4) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board, and the manner of filling of casual vacancies of the members of the building workers' welfare board, shall be such as may be prescribed by the state government(5) (a) the building workers' welfare board shall appoint a secretary and such officers and employees as it considers necessary for the efficient discharge of its functions of the building workers' welfare board under this code15(b) the secretary of the building workers' welfare board shall be its chiefexecutive officer(c) the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the building workers' welfare board shall be such as may be prescribed by the state government20(6) the building workers' welfare board shall perform the following functions, namely:—(a) provide death and disability benefits to a beneficiary or his dependants; (b) make payment of pension to the beneficiaries who have completed the age ofsixty years;25(c) pay such amount in connection with premium for group insurance schemeof the beneficiaries as may be prescribed by the appropriate government;(d) frame educational schemes for the benefit of children of the beneficiaries asmay be prescribed by the appropriate government;(e) meet such medical expenses for treatment of major ailments of a beneficiaryor, such dependant, as may be prescribed by the appropriate government;30( f ) make payment of maternity benefit to the beneficiaries; (g) frame skill development and awareness schemes for the beneficiaries; (h) provide transit accommodation or hostel facility to the beneficiaries; (i) formulation of any other welfare scheme for the building worker beneficiariesby state government in concurrence with the central government; and35( j) make provision and improvement of such other welfare measures and facilitiesas may be prescribed by the central government40(7) the state government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to building workers and such other matters as the state government may refer to it for advice8 (1) no person shall be chosen as, or continue to be, a member of a social security organisation, or any committee thereof who,—(a) is or at any time has been adjudged an insolvent; or (b) is found to be a lunatic or becomes of unsound mind; or45disqualification and removal of a member of any social security organisation(c) is or has been convicted of any offence involving moral turpitude; or (d) is an employer in an establishment and has defaulted in the payment of any dues under this code;5(e) is a member of a social security organisation being a member of the parliament or a member of a state legislative assembly, when he ceases to be such member of the parliament or state legislative assembly, as the case may be; or( f ) is a member of social security organisation being a member of the parliament or a member of a state legislative assembly, and he becomes a—(i) minister of central or state government; or10(ii) speaker or deputy speaker of house of the people or a state legislative assembly; or(iii) deputy chairman of the council of states15explanation 1—if any question arises whether any person is disqualified under clause (d), it shall be referred to the appropriate government and the decision of the appropriate government on any such question shall be finalexplanation 2—clause (f) shall not apply in case of persons who are members of the social security organisation ex officio, by virtue of being a minister20(2) the central government, in case of the central board, the corporation and the national social security board and the state government in case of the state unorganised workers' board and the building workers' welfare board, may remove any member of such social security organisation from his office, who,—(a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or25(b) is absent without leave of the social security organisation of which he is a member for more than three consecutive meetings of the social security organisation or a committee thereof;30(c) in the opinion of such government, has so abused the position of his office as to render that member's continuation in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member in the opinion of such government: provided that, no person shall be removed under clauses (b) and (c), unless that person has been given an opportunity to show cause as to why he should not be removed:35provided further that a member of the executive committee of the central board or the standing committee of the corporation shall cease to hold office if he ceases to be a member of the central board or the corporation, as the case may be(3) any member of a social security organisation or a committee thereof may at any time resign from his office in writing under his hand addressed to the central government or the state government, as the case may be, which had made his appointment and on acceptance of such resignation, his office shall become vacant40(4) if in a social security organisation or a committee thereof, the central government or the state government, as the case may be, is of the opinion that—(a) any member thereof representing employers or the employees or the unorganised workers, as the case may be, ceases to adequately represent so; or45(b) any member thereof representing to be an expert in a specified area, is later on found not to possess sufficient expertise in that area; or(c) having regard to exigencies of circumstances or services in such government, the member thereof representing such government cannot continue to represent the government; then, such government may, by order, remove such member from his office:5provided that no person shall be removed under clause (a) or clause (b), unlessthat person has been given an opportunity to show cause as to why he should not be removed10 15(5) if any member of a social security organisation or a committee thereof, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration of the social security organisation or a committee thereof, then, he shall, as soon as may be possible after such fact of interest has come to his knowledge, disclose the nature of the interest and such disclosure shall be recorded in the proceedings of the social security organisation or the committee thereof, as the case may be, and such member, thereafter, shall not take part in any proceeding or decision of the social security organisation, or a committee thereof relating to that matter9 (1) a social security organisation or any committee thereof shall meet at such intervals and observe such procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed by the central government20procedure for transaction of business of social security organisation, etc(2) all orders and decisions of the social security organisation shall be authenticated by the signature of the central provident fund commissioner, director general, director general labour welfare, state principal secretary or secretary (labour) of the respective social security organisations or such other member as may be prescribed by the appropriate government and all other instruments issued by the social security organisation shall be authenticated by the signature of such officer or member so prescribed25(3) no act done or proceeding taken by a social security organisation or any committee thereof shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the social security organisation or the committee thereof, as the case may be30(4) such members of a social security organisation or any committee thereof shall be entitled for such fee and allowances as may be prescribed by the central government10 the central provident fund commissioner and the director general shall be the whole-time officer of the central board or the corporation, as the case may be, and shall not undertake any work unconnected with his office without the prior approval of the central governmentexecutive heads of central board and corporation35 40 4511 (1) if the central government in case of the central board, the corporation or thenational social security board and the state government, in case of the state unorganised workers' board or the building workers' welfare board is of the opinion that the corporation or the central board of trustees or the national social security board or the state unorganised workers board or the building workers' welfare board or any of the committee thereof, asthe case may be, is unable to perform its functions, or, has persistently made delay in the discharge of its functions or has exceeded or abused its powers or jurisdiction, then such government may, by notification, supersede the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board, or any of the committees thereof, as the case may be, and reconstitute it in such manner as may be prescribed by the central government:supersession of corporation, central board of trustees, unorganised workers national social security board or state unorganised workers social security board50provided that, before issuing a notification under this sub-section on any of thegrounds specified herein, such government shall give an opportunity to the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any committee thereof, as the case may be, to show cause as to why it should not be superseded and shall consider the explanations and objections raised by it and take appropriate action thereon5(2) after the supersession of the corporation, or the central board or the national social security board, the state unorganised workers board or the building workers' welfare board, or any of the committee thereof, as the case may be, and until it is reconstituted, the central government or the state government, as the case may be, shall make such alternate arrangements for the purpose of administration of the relevant provisions of this code, as may be prescribed by the central government10(3) the central government or the state government shall cause, a full report of any action taken by it under this section and the circumstances leading to such action, to be laid before each house of parliament or the state legislature, as the case may be, at the earliest opportunity and in any case not later than three months from the date of the notification of supersession issued under sub-section (1)12 the central government may, by notification,—state board, regional boards, local committees, etc15(i) and after consultation with the government of any state, constitute for that state, a board of trustees (hereinafter in this code referred to as a state board) which shall exercise such powers and perform such functions as may be assigned by notification, to it by the central government from time to time;(ii) specify the manner of constitution of a state board, the terms and conditions of the appointment of its members and the procedure of its meeting and other proceedings relating thereto; and20(iii) after consultation with the corporation, appoint regional boards and local committees in such area and in such manner to perform such functions and to exercise such powers as may be specified in the notification 13 notwithstanding anything contained in this code, the central government may, by notification,—25entrustment of additional functions to social security organisations(i) assign additional functions to a social security organisation including administration of any other act or scheme relating to social security subject to such provisions as may be specified in this behalf in the notification:30provided that while the additional function of administering the act or scheme are assigned under this clause to a social security organisation, then, the officer or authority of such organisation, to whom such function has been assigned, shall exercise the powers under the enactment or scheme required for discharging such function in the manner as may be specified in the notification:35provided further that the social security organisations may assign such additional functions to existing officers or appoint or engage new officers necessary for such purpose, if such functions may not be performed and completed with the assistance of its personnel as existing immediately before the assignment of the additional functions;(ii) specify the terms and conditions of discharging the functions under clause (i) by the social security organisation;40(iii) provide that the expenditure incurred in discharging the functions specified in clause(i) including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the central government;(iv) specify the powers which the social security organisation shall exercise while discharging the functions specified in clause (i); and45(iv) provide that any expenditure referred to in clause (iii) shall be made by the social security organisation after prior approval of the central government chapter iii employees provident fund514 (1) the central government may appoint a central provident fund commissioner of the central board who shall be subject to the general control and superintendence of that boardappointment of officers of central board(2) the central government shall also appoint a financial advisor and chief accounts officer to assist the central provident fund commissioner in the discharge of his duties10(3) the central board may appoint, subject to the maximum scale of pay, as may bespecified in the scheme, as many additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and such other officers and employees as it may consider necessary for the efficient administration of the provident fund scheme, the pension scheme and the insurance scheme, respectively, referred to in section 15 or other responsibilities assigned to the central board from time to time by the central government15(4) no appointment to the post of the central provident fund commissioner or anadditional central provident fund commissioner or a financial adviser and chief accounts officer or any other post under the central board carrying a scale of pay equivalent to the scale of pay of any group 'a' or group 'b' post under the central government shall be made except after consultation with the union public service commission:20provided that no such consultation shall be necessary in regard to any suchappointment—(a) for a period not exceeding one year; or (b) if the person to be appointed is at the time of his appointment—(i) a member of the indian administrative service, or25(ii) in the service of the central government or the central board in agroup 'a' or group 'b' post30(5) the method of recruitment, salary and allowances, discipline and other conditions ofservice of the central provident fund commissioner and the financial adviser and chief accounts officer shall be such as may be specified by the central government and such salary and allowances shall be paid out of the fund referred to in clause (a) of sub-clause (1) of section 1635(6) (a)the method of recruitment, salary and allowances, discipline and other conditionsof service of the additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and other officers and employees of the central board shall be such as may be specified by the central board in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:provided that where the central board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government40(b) in determining the corresponding scales of pay of officers and employees underclause (a), the central board shall have regard to the educational qualifications, method ofrecruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the central board shall refer the matter to the central government whose decision thereon shall be final4515 (1) the central government may, by notification:—schemes(a) frame a scheme to be called the employees' provident fund scheme (hereinafterreferred to as the provident fund scheme) for which the provident funds shall beestablished under this chapter for employees or for any class of employees and specify the establishments or class of establishments to which the said scheme shall apply;(b) frame a scheme to be called the employees' pension scheme (hereinafter referred to as the pension scheme) for the purpose of providing for—5(i) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this chapter applies; and(ii) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees;10(c) frame a scheme to be called the employees' deposit linked insurance scheme(hereinafter referred to as insurance scheme) for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this chapter applies; and15(d) modify any scheme referred to in clauses (a), (b) and (c) by adding thereto, amending or varying therein, either prospectively or retrospectively (2) subject to the provisions of this chapter, the schemes referred to in clauses (a), (b)and (c) of sub-section (1) may provide for all or any of the matters respectively specified in part a, part b and part c of the fifth schedule20(3) the schemes may provide that all or any of its provisions shall take effect either prospectively or retrospectively on and from such date as may be specified in that behalf in the schemefunds16 (1) the central government may, for the purposes of—25 30(a) the provident fund scheme, establish a provident fund where the contribution paid by the employer to the fund shall be ten per cent of the wages for the time being payable to each of the employees (whether employed by him directly or by or through a contactor), and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent of the wages, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section:35provided that in its application to any establishment or class of establishments which the central government, after making such inquiry as it deems fit, may, by notification in the official gazette specify, this section shall be subject to the modification that for the words "ten per cent" at both the places where they occur, the words "twelve per cent" shall be substituted:provided further that the central government, after making such inquiry as it deems fit, may, by notification, specify rates of employees' contributions and the period for which such rates shall apply for any class of employee;40(b) the pension scheme, establish a pension fund (hereinafter referred to as the pension fund) in the manner prescribed by that government into which there shall be paid, from time to time, in respect of every employee who is a member of the pension scheme,—45(i) such sums from the employer's contribution under sub-section (a) not exceeding eight and one- third per cent of the wages or such per cent of wages as may be notified by the central government;(ii) such sums payable as contribution to the pension fund, as may be specified in the pension scheme, by the employers of the exempted establishments under section 144 to which the pension scheme applies;(iii) such sums as the central government after due appropriation by parliament by law in this behalf, specify;5(c) the insurance scheme, establish a deposit- linked insurance fund (hereinafterreferred to as the insurance fund) in the manner prescribed by that government into which shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent of the wages or such per cent of wages as may be notified by the central government for the time being payable in relation to such employee:10provided that the employer shall pay into the insurance fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under this clause, as the central government may, from time to time, determine to meet all the expenses in connection with the administration of the insurance scheme other than the expenses towards the cost of any benefits provided by or under the insurance scheme15(2) the provident fund, the pension fund and the insurance fund shall vest in, and be administered by, the central board in such manner as may be specified in the respective schemes20contribution in respect of employees and contractors17 (1) the amount of contribution (that is to say, the employer's contribution as well as the employee's contribution in pursuance of any scheme and the employer's contribution in pursuance of the insurance scheme) and any charge for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor25(2) a contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may recover from such employee the employee's contribution under any scheme by deduction from the wages payable to such employee30(3) notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer's contribution or the charges referred to in sub-section (1) from the wages payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee18 for the purposes of the income-tax act, 1961, the provident fund shall be deemed to be a recognised provident fund within the meaning of clause (38) of section 2 of that act:fund to be recognised under act 43 of 196135provided that nothing contained in the said act shall operate to render ineffective anyprovision of the provident fund scheme (under which the provident fund is established) which is repugnant to any of the provisions of that act or of the rules made thereunder4019 notwithstanding anything contained in any other law for the time being in force, any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of section 53 of the insolvency and bankruptcy code, 201631 of 2016priority of payment of contributions over other debts20 (1) this chapter shall not apply—2 of 1912chapter not to apply to certain establishment(a) to any establishment registered under the co-operative societies act, 1912or under any other law for the time being in force in any state relating to cooperative societies employing less than fifty persons and working without the aid of power; or45| ( ||--------------------------------------------------------------------------------------|| government or a state government and whose employees are entitled to the benefit of || contributory provident fund or old age pension in accordance with any scheme or rule || framed by the central government or the state government governing such benefits; || or |(c) to any other establishment set up under any central or state or any other law for the time being in force and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that law governing such benefits5(2) if the central government is of the opinion that having regard to the financial position of any class of establishment or other circumstances of the case, it is necessary or expedient so to do, it may, by notification and subject to such conditions, as may be specified in the notification, exempt, whether prospectively or retrospectively, that class of establishments from the operation of this chapter for such period as may be specified in the notification10authorising certain employers to maintain provident fund accounts1521 (1) the central government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, in such manner as may be prescribed by the central government and subject to such terms and conditions as may be specified in the scheme:provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this code during the three years immediately preceding the date of such authorisation20(2) where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the scheme25(3) any authorisation made under this section may be cancelled by the central government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this code:30provided that before cancelling the authorisation, the central government shall give the employer a reasonable opportunity of being heard22 where an employee,—transfer of accounts(a) employed in an establishment to which this chapter applies, relinquishes his employment therefrom and obtains employment in any other establishment to which this chapter applies or not; or35(b) employed in an establishment to which this chapter does not apply, relinquishes his employment therefrom and obtains employment in an establishment to which this chapter applies,40then, his accumulated amount in provident fund account or pension account, as the case may be, shall be transferred or dealt with in the manner as may be prescribed by the central governmentappeal to tribunal23 (1) any person aggrieved by an order passed by the central government or anyother authority in regard to the following matters may prefer an appeal to the tribunal constituted by the central government, namely:—(a) determination and assessment of dues under section 125;45(b) order of the appellate authority under section 127 in respect of chapter iii;(c) determination of escaped amount under section 128 in respect of chapter iii;and(d) levy of damages under section 130(2) every appeal under sub-section (1) shall be filed in such form and manner, within such time and accompanied by such fees as may be prescribed by the central government chapter iv employees state insurance corporation5principal officers and other staff24 (1) the central government may, in consultation with the corporation, appoint a director general of the corporation and a financial commissioner, who shall be the principal officers of the corporation(2) the director general or the financial commissioner shall hold office for such period, not exceeding five years, as may be specified in the order appointing him:10provided that outgoing director general or financial commissioner shall be eligiblefor reappointment if he is otherwise qualified(3) the director general or the financial commissioner shall receive such salary and allowances as may be prescribed by the central government15(4) a person shall be disqualified from being appointed as or for being the director general of the corporation or the financial commissioner if he is subject to any of the disqualifications specified in section 820(5) the central government may at any time remove the director general of the corporation or the financial commissioner from office and shall do so if such removal is recommended by a resolution of the corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-third of the total strength of the corporation(6) the corporation may employ such other officers and employees as may be necessary for the efficient transaction of its business and for discharge of any other responsibilities assigned to the corporation from time to time by the central government:25provided that the sanction of the central government shall be obtained for the creationof any post the maximum monthly salary of which exceeds such salary as may be prescribed by the central government30(7) (a) the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees of the corporation shall be such as may be specified in the regulations made by the corporation in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:35provided that where the corporation is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government:provided further that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis40(b) in determining the corresponding scales of pay of the members of the staff under clause (a), the corporation shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the corporation shall refer the matter to the central government whose decision thereon shall be final45(8) every appointment to posts (other than medical, nursing or para-medical posts)corresponding to group a and group b gazetted posts under the central government shall be made in consultation with the union public service commission:provided that the provisions of this sub-section shall not apply to an officiating or temporary appointment for a period not exceeding one year:provided further that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade5(9) if any question arises whether a post corresponds to a group a and group b post under the central government, the question shall be referred to that government whose decision thereon shall be final10employees' state insurance fund25 (1) all contributions paid under this chapter and all other moneys received on behalf of the corporation shall be paid into a fund (hereinafter referred as the employees' state insurance fund) which shall be held and administered by the corporation for the purposes of this chapter(2) the corporation may accept grants, donations, corporate social responsibility fund and gifts from the central or any state government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this chapter15(3) subject to the other provisions contained in this code and to any rules or regulations made in this behalf, all moneys accruing or payable to the said fund shall be deposited in such bank or banks as may be approved by the central government to the credit of an account styled the account of the employees' state insurance fund20(4) the employees state insurance fund or any other money which is held by the corporation shall be deposited or invested in the manner approved by the central government after consultation with the corporation(5) such account shall be operated by such officers as may be authorised by the committee constituted under sub-section (3) of section 5 (hereinafter referred to as the standing committee) with the approval of the corporation2526 subject to the provisions of this chapter and the rules and regulations relating thereto, made under this code, the employees' state insurance fund shall be expended only for the following purposes, namely:—purposes for which employees' state insurance fund may be expanded30(a) payment of benefits and provision of medical treatment and attendance to insured persons referred to in section 28 and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this chapter and the rules and regulations relating thereto and defraying the charges and costs in connection therewith;(b) payment of fees and allowances to members of the corporation, the standing committee, the medical benefit committee or other committees thereof;35(c) payment of salaries, leave and joining time allowances, travelling andcompensatory allowances, gratuities and compassionate allowances, pensions, contributions to provident or other benefit fund of officers and staff of the corporation and meeting the expenditure in respect of officers and staff and other services set up for the purpose of giving effect to the provisions of this code relating to this chapter;40(d) establishment and maintenance of hospitals, dispensaries and otherinstitutions and the provision of medical and other ancillary services for the benefit of insured persons referred to in section 28 and, where the medical benefit is extended to their families, their families;45(e) payment of contributions to any state government, local authority or anyprivate body or individual, towards the cost of medical treatment and attendance provided to insured persons referred to in section 28 and, where the medical benefit is extended to their families, their families, including the cost of any building and equipment, in accordance with any agreement entered into by the corporation;( f ) defraying the cost (including all expenses) of auditing the accounts of the corporation and of the valuation of its assets and liabilities;(g) defraying the cost (including all expenses) of the employees' insurance courts set up under this chapter;5(h) payment of any sums under any contract entered into for the purposes ofthis code by corporation or the standing committee or by any officer duly authorised by the corporation or the standing committee in that behalf;10(i) payment of sums under any decree, order or award of any court or tribunalagainst the corporation or any of its officers or staff for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the corporation;( j) defraying the cost and other charges of instituting or defending any civil orcriminal proceedings arising out of any action taken under this code relating to this chapter;15(k) defraying expenditure, within the limits prescribed by the central governmentafter consultation with the corporation, on measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons referred to in section 28 who have been disabled or injured; and20(l) such other purposes as may be authorised by the corporation with theprevious approval of the central governmentholding of property, etc2527 (1) the corporation may, subject to such conditions as may be prescribed by the central government after consultation with the corporation, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established(2) subject to such conditions as may be prescribed by the central government and after consultation with the corporation, the corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this code and may, subject to as aforesaid, from time to time re-invest or realise such investments30(3) the corporation may, with the previous sanction of the central government andon such terms as may be prescribed by it, raise loans and take measures for discharging such loans(4) the corporation may constitute for the benefit of its officers and staff or any class of them, such provident or other benefit fund as it may think fit35all employees to be insured28 subject to the provisions of this code, all employees in establishments to whichthis chapter applies shall be insured (hereinafter referred to as insured persons) in such manner whether electronically or otherwise, as may be prescribed by the central governmentcontributions4029 (1) the contribution payable under this chapter in respect of an employee shallcomprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the corporation(2) the contributions (employer's contribution and the employees' contribution both)shall be paid at such rates as may be prescribed by the central government45(3) the wage period in relation to an employee shall be the unit as specified in theregulation (hereinafter referred to as the wage period) in respect of which all contributions shall be payable under this chapter(4) the contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period, and where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period the contributions shall fall due on such days as may be prescribed by the central governmentadministrative expenses530 the types of expenses which may be termed as administrative expenses and thepercentage of the income of the corporation which may be spent for such expenses shall be such as may be prescribed by the central government and the corporation shall keep its administrative expenses within the limit so prescribed by the central government31 (1) the employer shall pay in respect of every employee, whether directly employed by him or by or through a contractor, both the employer's contribution and the employee's contributionprovisions as to payment of contributions by employer, etc10(2) notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this code and the rules and regulations, if any, made thereunder in this behalf, the employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by reduction from his wages and not otherwise:15provided that no such deduction shall be made from any wages other than such as relates to the period or part of the period in respect of which the contribution is payable or in excess of the sum representing the employee's contribution for the period20(3) notwithstanding any contract to the contrary, neither the employer nor the contractor shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him(4) any sum deducted by the employer from wages under this chapter shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted25(5) the employer shall bear the expenses of remitting the contributions to the corporation30(6) an employer, who has paid contribution in respect of an employee employed by or through a contractor, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any,) from the contractor, either by deduction from any amount payable to him by the employer under any contract, or as a debt payable by the contractor(7) the contractor shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the employer before the settlement of any amount payable under sub-section (6)35(8) in the case referred to in sub-section (6), the contractor shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to such conditions as may be specified in the regulations40(9) subject to the provisions of this code, the corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this chapterbenefits32 (1) subject to the provisions of this code, the insured persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:—45(a) periodical payments to any insured person in case of his sickness certifiedby a duly appointed medical practitioner or by any other person possessing such qualifications and experience as the corporation may, by regulations, specify in this behalf (hereinafter referred to as sickness benefit);(b) periodical payments to an insured person being a woman in case ofconfinement or miscarriage or sickness arising out of pregnancy, confinement, prematurebirth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);5(c) periodical payments to an insured person suffering from disablement as aresult of an employment injury sustained by him as an employee for the purposes of this chapter and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit);10(d) periodical payments to such dependants of an insured person who dies as aresult of an employment injury sustained by him as an employee for the purposes of this chapter, as are entitled under this chapter (hereinafter referred to as dependants' benefit);(e) medical treatment for and attendance on insured persons (hereinafter referredto as medical benefit); and15(f) payment to the eldest surviving member of the family of an insured personwho has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person (to be known as funeral expenses):20provided that the amount of payment under this clause shall not exceed such amount as may be prescribed by the central government and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the corporation or any officer or authority authorised by it in this behalf may allow(2) the corporation may, subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person25(3) the qualification of a person to claim sickness benefit, maternity benefit, disablementbenefit and dependant benefit and the conditions subject to which such benefit may be given, the rate and period thereof shall be such as may be prescribed by the central government30(4) subject to the provisions of this code, the corporation may make regulations for any matter relating or incidental to the accrual and payment of benefits payable under this chapter3533 the corporation may, in addition to the benefits specified in this chapter, promote measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons who have been disabled or injured and may incur in respect of such measures expenditure from the employees' state insurance fund of the corporation within such limits as may be prescribed by the central governmentcorporation's power to promote measures for health, etc, of insured persons34 (1) for the purposes of this chapter, an accident arising in the course of an employee's employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employmentpresumption as to accident arising in course of employment40 45(2) an accident happening to an employee in or about any premises at which he is forthe time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property(3) an accident occurring to an employee while commuting from his residence to theplace of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment ifnexus between the circumstances, time and place in which the accident occurred and the employment is established5(4) an accident happening while an employee is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if—(a) the accident would have been deemed so to have arisen had he been under such obligation; and(b) at the time of the accident, the vehicle—10(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and(ii) is not being operated in the ordinary course of public transport serviceexplanation—in this section, "vehicle" includes a vessel and an aircraft1535 an accident shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—accidents happening while acting in breach of law, etc20(a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and(b) the act is done for the purpose of and in connection with the employer's trade or businessoccupational disease25 3036 (1) if an employee employed in any employment specified in part a of the third schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in part b of that schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in part c of that schedule for such continuous period as the corporation may specify by regulations in respect of each such employment, contracts any disease specified in such part c as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury " arising out of and in the course of employment35(2) save as provided by sub-section (1), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment37 (1) any question—references to medical board(a) whether the relevant accident has resulted in permanent disablement; or40(b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or(c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or(d) in the case of provisional assessment, as to the period for which such assessment shall hold good,45shall be determined by a medical board constituted in accordance with the provisions of the regulations (hereinafter referred to as medical board) and any such question shall hereafter be referred to as the "disablement question"(2) the case of any insured person for permanent disablement benefit shall be referred by the corporation to a medical board for determination of the disablement question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment510(3) any decision under this chapter of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent(4) any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury:15provided that an assessment shall not be reviewed under this sub-section unless themedical board is of the opinion, having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, that substantial injustice will be done by not reviewing it20(5) except with the leave of a medical appeal tribunal constituted by regulations, an assessment shall not be reviewed under sub-section (3) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application25 30(6) subject to the foregoing provisions of this section, a medical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final and the provisions of sub-section (1) shall apply to an application for review under this sub-section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that sub-section and to a decision of the medical board in connection with such case(7) if the insured person or the corporation is aggrieved by any decision of the medical board, the insured person or the corporation, as the case may be, may appeal to the medical appeal tribunal in the manner specified in the regulations or directly to the employees' insurance courts constituted under section 4835dependants' benefit38 (1) if an insured person dies as a result of an employment injury sustained as anemployee under this chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury) dependants' benefit shall be payable to his dependents specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such conditions as may be prescribed by the central government40(2) in case the insured person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the central government4550(3) any decision awarding dependants' benefit under this chapter may be reviewed atany time by the corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this chapter due to any birth or death or due to the marriage, re-marriage, or infirmity of, or attainment of the age of eighteen years by, a claimant(4) subject to the provisions of this chapter, the corporation may, on such review under sub-section (3), direct that the dependants' benefit be continued, increased, reduced or discontinuedmedical benefit539 (1) an insured person or (where such medical benefit is extended to his family) amember of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit(2) such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or treatment as in-patient in a hospital or other institution10(3) the qualification of an insured person and (where such medical benefit is extendedto his family) his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof shall be such as may be prescribed by the central government in consultation with the corporation:15provided that an insured person who has attained the age of superannuation, a person who retires under a voluntary retirement scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be specified in the regulations:20provided further that an insured person who ceases to be in insurable employment on account of permanent disablement shall continue, subject to payment of contribution and other conditions as may be prescribed by the central government, to receive medical benefit till the date on which he would have vacated the employment on attaining the age of superannuation had he not attained such permanent disablement25(4) the corporation may establish medical colleges, dental colleges, nursing colleges and training institutes for its officers and staff with a view to improve the quality of services provided under the employees' state insurance scheme(5) the colleges and training institutions referred to in sub-section (4) may be run by the corporation itself or on the request of the corporation by the central government, any state government, any public sector undertaking of the central government or the state government or any other body notified by the central government30explanation—for the purposes of sub-section (5), the expression ''other body''means any such organisation of persons which the central government considers capable to run colleges and training institutions referred to in sub-section (4)3540 (1) the state government shall provide for insured persons and (where such benefit is extended to their families) their families in the state, reasonable medical, surgical and obstetric treatment:provision of medical treatment by state government or by corporationprovided that the state government may, with the approval of the corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon40(2) where the incidence of sickness benefit payment to insured persons in any state is found to exceed the all-india average, the amount of such excess shall be shared between the corporation and the state government in such proportion as may be fixed by agreement between them:provided that the corporation may in any case waive the recovery of the whole or any part of the share which is to be borne by the state government45(3) the corporation may enter into an agreement with a state government in regard to the nature and scale of the medical treatment that should be provided to insured persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equipment, medicines, and staff) and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to insured persons between the corporation and the state government505(4) in default of agreement between the corporation and any state government as aforesaid, the nature and extent of the medical treatment to be provided by the state government and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the corporation and that government, shall be determined by an arbitrator (who shall be or shall have been a judge of the high court of a state appointed by the chief justice of india and the award of the arbitrator shall be binding on the corporation and the state government)10(5) the state government may, in addition to the corporation under this code, with the previous approval of the central government, establish such organisation (by whatever name called) to provide for certain benefits to employees in case of sickness, maternity and employment injury:provided that any reference to the state government in this code relating to this chapter shall also include reference to the organisation as and when such organisation is established by the state government15(6) the organisation referred to in sub-section (5) shall have such structure, discharge functions, exercise powers and undertake such activities as may be prescribed by the state government20(7) the corporation may, with the approval of the central government establish and maintain in a state such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of insured persons and (where such medical benefit is extended to their families), their families25(8) the corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof(9) the corporation may also enter into agreement with any local authority, local body or private body for commissioning and running employees' state insurance hospitals through third party participation for providing medical treatment and attendance to insured persons and (where such medical benefit has been extended to their families), to their families30 35(10) notwithstanding anything contained in any other provision of this chapter, thecorporation may, in consultation with the state government, undertake the responsibility for providing medical benefit to insured persons and (where such medical benefit is extended to their families), to the families of such insured persons in the state subject to the condition that the state government shall share the cost of such medical benefit in such proportion as may be agreed upon between the state government and the corporation(11) in the event of the corporation exercising its power under sub-section (10), the provisions relating to medical benefit under this chapter shall apply, so far as may be, as if a reference therein to the state government were a reference to the corporation40(12) notwithstanding anything contained in this code, in respect of establishments located in the states where medical benefit is provided by the corporation, the central government shall be the appropriate government41 (1) save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this chaptergeneral provisions as to benefits45 50(2) save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike(3) a person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement)—(a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereof;(b) shall not while under treatment do anything which might retard or prejudice his chances of recovery;(c) shall not leave the area in which medical treatment provided by this chapter is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and5(d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the corporation in this behalf (4) an insured person shall not be entitled to receive for the same period—(a) both sickness benefit and maternity benefit; or10(b) both sickness benefit and disablement benefit for temporary disablement; or (c) both maternity benefit and disablement benefit for temporary disablement(5) where a person is entitled to more than one of the benefits mentioned in sub-section (4), he shall be entitled to choose which benefit he shall receive15(6) if a person dies during any period for which he is entitled to a cash benefit under this chapter, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person20(7) (a) any person eligible for availing dependant or disablement benefit under this chapter shall not be entitled to claim employees compensation from his employer under chapter vii(b) any women employee eligible for availing maternity benefit under this chapter shall not be entitled to claim maternity benefit from her employer under chapter vi25(8) where any person has received any benefit or payment under this chapter when he is not lawfully entitled thereto, he shall be liable to repay to the corporation the value of the benefit or the amount of such payment, or in the case of death, his legal representative shall be liable to repay the same from the assets of the deceased devolved on him30(9) the value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final(10) the amount recoverable under this section may be recovered in the manner specified under sections 131 to 13442 (1) if any employer,—35corporation's rights when an employer fails to register, etc(a) fails or neglects to insure under section 28, an employee at the time of his appointment or within such extended period as may be prescribed by the central government, as a result of which the employee becomes disentitled to any benefit under this chapter; or40(b) insures under section 28, an employee on or after the date of accident which resulted in personal injury to such employee which has the effect of making such employee entitled to receive any dependant benefit or disablement benefit from the corporation; or(c) fails or neglects to pay any contribution which under this chapter he is liable to pay in respect of any employee and by reason thereof such employee becomes disentitled to any benefit or becomes entitled to a benefit on a lower scale,45then, the corporation may, on being satisfied in the manner prescribed by the central government that the benefit is payable to the employee, pay to the employee benefit5at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the capitalised value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the central government: provided that the capitalised value to be calculated may be adjusted for the payment of any contribution and interest or damages that the employer is liable to pay for delay in the payment of or non-payment of such contribution10(2) the amount recoverable under this section may be recovered as if it were an arrear of land revenue or recovered in the manner specified under sections 131 to 13443 (1) where the corporation considers that the incidence of sickness among insured persons is excessive by reason of—15liability of owner or occupier of factories, etc, for excessive sickness benefit(a) insanitary working conditions in a factory or other establishment or the neglect of the owner or occupier of the factory or other establishment to observe any health regulations enjoined on him by or under any enactment for the time being in force, or20(b) insanitary conditions of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactments for the time being in force,25then, the corporation may send to the owner or occupier of the factory or other establishment or to the owner of the tenement or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the corporation as sickness benefit; and if the claim is not settled by agreement, the corporation may refer the matter, with a statement in support of its claim, to the appropriate government (2) if the appropriate government is of the opinion that a prima facie case for inquiry is disclosed, it may appoint a competent person or persons to hold an inquiry into the matter referred under sub-section (1)30 35(3) if upon inquiry under sub-section (2), it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit, and the person or persons by whom the whole or any part of such amount shall be paid to the corporation(4) a determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a civil court40(5) for the purposes of this section, "owner" of tenements or lodging shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the ownerscheme for other beneficiaries4544 notwithstanding anything contained in this chapter, the central government may, in consultation with the corporation, and by notification, frame scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised on payment of user charges, and prescribe the terms and conditions subject to which the scheme may be operatedexplanation—for the purposes of this section,—(a) "other beneficiaries" means persons other than employees insured under section 28;(b) "underutilised hospital" means any hospital not fully utilised by the employees insured under section 28; and5(c) "user charges" means the amount which is to be charged from other beneficiaries for medical facilities as may be specified in the regulations after prior approval of the central government 45 (1) notwithstanding anything contained in this chapter, the central government may, in consultation with the corporation, and by notification, frame scheme for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under this chapter by the corporationschemes for unorganised workers, gig workers and platform workers10(2) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions subject to which the scheme may be operated shall be such as may be prescribed in the scheme1546 the appropriate government may, after consultation with the corporation, by notification and subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to any local authority, from the operation of this chapter if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this chapterexemption of factories or other establishments belonging to government or any local authority2031 of 201647 notwithstanding anything contained in any other law for the time being in force, any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of section 53 of the insolvency and bankruptcy code, 2016contributions, etc, due to corporation to have priority over other debts48 (1) the state government shall, by notification, constitute an employees' insurance court for such local area as may be specified in the notificationconstitution of employees' insurance court25(2) the court shall consist of such number of judges as the state government may think fit(3) any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a judge of the employees' insurance court(4) the state government may appoint the same court for two or more local areas or two or more courts for the same local area30(5) where more than one court has been appointed for the same local area, the state government may by general or special order regulate the distribution of business between them49 (1) if any question or dispute or claim arises as to—35(a) whether any person is an employee within the meaning of this code relating to this chapter or whether he is liable to pay the employee's contribution; or matters to be decided by employees' insurance court(b) the rate of wages or average daily wages of an employee for the purposes of this chapter; or(c) the rate of contribution payable by an employer in respect of any employee under this chapter; or40(d) the person who is or was the employer in respect of any employee for the purposes of this chapter; or(e) the right of any person to any benefit under this chapter and as to the amount and duration thereof; or45( f ) any direction issued by the corporation on a review of any payment of dependants' benefit under this chapter; or5(g) any other matter which is in dispute between an employer and the corporationrelating to this chapter, or between an employer and a contractor relating to this chapter or between a person and the corporation relating to this chapter or between an employee and an employer or contractor relating to this chapter, in respect of any contribution or benefit or other dues payable or recoverable under this code relating to this chapter;(h) claim for the recovery of contributions from the employer under this coderelating to this chapter;10(i) claim under sub-section (8) of section 41 for the recovery of the value oramount of the benefits received by a person when he is not lawfully entitled thereto;( j) claim against an employer under section 42; (k) order of the appellate authority under section 127 in respect of chapter iv; (l) claim by an employer to recover contributions from any contractor under thiscode relating to this chapter; and15(m) any other claim for the recovery of any benefit admissible under this chapter,such matter shall be decided by the employers' insurance court(2) no matter which is in dispute between an employer and the corporation in respect of any contribution or any other dues under this chapter shall be raised by the employer in the employees' insurance court unless he has deposited with the court fifty per cent of the amount due from him as claimed by the corporation:20 provided that the employees' insurance court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section25(3) no civil court shall have jurisdiction to decide or deal with any question or dispute as specified in sub-section (1) or to adjudicate on any liability which by or under this code relating to this chapter is to be decided by a medical board, or by a medical appeal tribunal or by the employees' insurance courtpowers of employees' insurance court3050 (1) the employees' insurance court shall have all the powers of a civil court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a civil court within the meaning of section 195 and chapter xxvi of the code of criminal procedure, 19732 of 1974(2) the employees' insurance court shall follow such procedure as may be prescribed by the state government35(3) all costs incidental to any proceeding before an employees' insurance court shall, subject to such rules as may be made in this behalf by the state government, be in the discretion of the court(4) an order of the employees' insurance court shall be enforceable as if it were a decree passed in a suit by a civil court4051 (1) the manner of commencement of proceedings before the employees insurancecourt and the time limit of filing, fees and procedure thereof shall be such as may be prescribed by the state governmentproceedings of employees' insurance courts45(2) any application, appearance or act required to be made or done by any person toor before an employees' insurance court (other than appearance of a person required for the purpose of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorised in writing by such person or with the permission of the court, by any other person so authorised(3) an employees' insurance court may submit any question of law for the decision of the high court and if it does so shall decide the question pending before it in accordance with such decisionappeal to high court552 (1) save as expressly provided in this section, no appeal shall lie from an order ofan employees' insurance court(2) an appeal shall lie to the high court from an order of an employees' insurance court if it involves a substantial question of law(3) the appeal shall be filed under this section within a period of sixty days from the date of the order made by the employees' insurance court36 of 196310(4) the provisions of sections 5 and 12 of the limitation act, 1963 shall apply to appeals under this section15(5) where the corporation has presented an appeal against an order of the employees'insurance court, that court may, and if so directed by the high court, shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against chapter v gratuitypayment of gratuity53 (1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—20(a) on his superannuation; or (b) on his retirement or resignation; or(c) on his death or disablement due to accident or disease; or(d) on termination of his contract period under fixed term employment; or (e) on happening any such event as may be notified by the central government:25provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the central government:30provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the competent authorityas may be notified by the appropriate government who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed by the appropriate government, until such minor attains majority35(2) for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages or such number of days as may be notified by the central government, based on the rate of wages last drawn by the employee concerned:40provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:45provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season:provided also that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis(3) the amount of gratuity payable to an employee shall not exceed such amount as may be notified by the central government5(4) for the purpose of computing the gratuity payable to an employee who is employed,after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced10(5) nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer(6) notwithstanding anything contained in sub-section (1),—15(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;(b) the gratuity payable to an employee may be wholly or partially forfeited—(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or20(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employmentexplanation 1—for the purposes of this chapter, employee does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity25explanation 2—for the purposes of this section, disablement means such disablementas incapacitates an employee for the work which he was capable of performing before the accident or disease, resulting in such disablementexplanation 3—for the purposes of this section, it is clarified that in the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen3054 for the purposes of this chapter,—continuous service35 (a) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this code;40(b) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer—45(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and(ii) two hundred and forty days, in any other case;(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than—5(i) ninety-five days, in the case of an employee employed below theground in a mine or in an establishment which works for less than six days in a week; and(ii) one hundred and twenty days, in any other case10explanation—for the purposes of this clause, the number of days on which an employee has actually worked under an employer shall include the days on which—20 of 1946 14 of 194715(i) he has been laid-off under an agreement or as permitted by standing orders made under the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment;(ii) he has been on leave with full wages, earned in the previous year;(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and20(iv) in the case of a female, she has been on maternity leave; so,however, that the total period of such maternity leave does not exceed twenty-six weeks;25(c) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy- five per cent of the number of days on which the establishment was in operation during such periodnomination3055 (1) each employee, who has completed one year of service, shall make, a nominationwithin such time, in such form and in such manner, as may be prescribed by the appropriate government(2) an employee may, in his nomination, distribute the amount of gratuity payable to him under this chapter amongst more than one nominee(3) if an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void35(4) if at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed by the appropriate government, a fresh nomination in favour of one or more members of his family40(5) a nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be prescribed by the appropriate government, of his intention to do so45(6) if a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the form prescribed by the appropriate government, in respect of such interest(7) every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custodydetermination of amount of gratuity56 (1) a person who is eligible for payment of gratuity under this chapter or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed by the appropriate government, for payment of such gratuity5(2) as soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determined10(3) the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable15(4) if the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the central government from time to time for repayment of long term deposits:provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the competent authority for the delayed payment on this ground20(5) (a) if there is any dispute as to the amount of gratuity payable to an employee under this chapter or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the competent authority such amount as he admits to be payable by him as gratuity25(b) where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the competent authority in the form prescribed by the central government for deciding the dispute30(c) the competent authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the competent authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer(d) the competent authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto35(e) as soon as may be after a deposit is made under clause (a), the competent authority shall pay the amount of the deposit—(i) to the applicant where he is the employee; or40(ii) where the applicant is not the employee, to the nominee or, as the case may be, the guardian of such nominee or heir of the employee if the competent authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity5 of 1908(6) for the purpose of conducting an inquiry under sub-section (5), the competent authority shall have the same powers as are vested in a court, while trying a suit, under the code of civil procedure, 1908, in respect of the following matters, namely:—45(a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses(7) any inquiry under this section shall be a judicial proceeding within the meaning of section 193, section 228, and for the purpose of section 196, of the indian penal code45 of 18605(8) any person aggrieved by an order under sub-section (5) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate government or such other authority as may be specified by the appropriate government in this behalf:provided that the appropriate government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days:10provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the competent authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (5), or deposits with the appellate authority such amount15(9) the appropriate government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify, or reverse the decision of the competent authoritycompulsory insurance2041 of 199957 (1) with effect from such date as may be notified by the appropriate government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed by the central government, for his liability for payment towards the gratuity under this chapter, from any insurance company regulated by the authority as defined under clause (b) of sub-section (1)of section 2 of the insurance regulatory and development authority act, 1999:25provided that different dates may be appointed for different establishments or class of establishments or for different areas30(2) the appropriate government may, subject to such conditions as may be prescribed by the central government, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed by the central government from the provisions of sub-section (1)35(3) for the purposes of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed by the central government get his establishment registered with the competent authority in the manner prescribed by the central government and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2)40(4) the appropriate government may prescribe rules to give effect to the provisions of this section and the rules so prescribed may provide for the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the board of trustees of the approved gratuity fund45(5) where an employer fails to make any payment by way of premium in respect of the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this chapter (including interest, if any, for delayed payments) forthwith to the competent authorityexplanation—in this section, "approved gratuity fund" shall have the same meaning as assigned to it in sub-section (5) of section 2 of the income-tax act, 196143 of 1961competent authority558 (1)the appropriate government may, by notification, appoint any person having such qualifications and experience as may be prescribed by that government to be a competent authority for implementation of any provision of this chapter for such area as may be specified in the notification(2) where more than one competent authority has been appointed for any area, the appropriate government may, by general or special order, regulate the distribution of business among them10(3) any competent authority may, for the purpose of deciding any matter referred tohim for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under reference to assist him in holding the inquiry relating thereto chapter vi15 maternity benefit59 (1) no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancyemployment of, or work by, women prohibited during certain period20(2) no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy25(3) without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health(4) the period referred to in sub-section (3) shall be—(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;30(b) any period during the said period of six weeks for which the pregnant womandoes not avail of leave of absence under section 62right to payment of maternity benefit60 (1) subject to the other provisions of this code, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day3529 of 201940explanation—for the purposes of this sub-section, "the average daily wage" means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the code on wages, 2019(2) no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery45explanation—for the purposes of calculating the period under this sub-section, the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages, during the period of twelve months immediately preceding the expected date of her delivery shall be taken into account(3) the maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery:5provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:10provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days upto and including the date of the death of the child15explanation—for the purposes of this sub-section, "child" includes a stillborn child(4) a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be20(5) in case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree2561 every woman entitled to the payment of maternity benefit under this chapter, shall, notwithstanding the application of chapter iv to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32continuance of payment of maternity benefit in certain cases30notice of claim for maternity benefit and payment thereof62 (1) any woman employed in an establishment and entitled to maternity benefit under the provisions of this chapter may give notice in writing in such form as may be prescribed by the central government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this chapter may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit35(2) in the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery(3) any woman who has not given the notice when she was pregnant may give such notice as soon as possible after her delivery(4) on receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit40 45(5) the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the central government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed by the central government that the woman has been delivered of a child(6) the failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this chapter if she is otherwise entitled to such benefit or amount and in any such case an inspector-cum-facilitator may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order5payment of maternity benefit in case of death of a woman63 if a woman entitled to maternity benefit or any other amount under this chapter, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 60, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 62 and in case there is no such nominee, to her legal representativepayment of medical bonus1064 every woman entitled to maternity benefit under this chapter shall also be entitled to receive from her employer a medical bonus of three thousand five hundred rupees or as such amount as may be notified by the central government, if no pre-natal confinement and post-natal care is provided for by the employer free of chargeleave for miscarriage, etc1565 (1) in case of miscarriage, or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy20(2) in case of tubectomy operation, a woman shall, on production of such proof as may be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation25(3) a woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the central government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period of one monthnursing breaks66 every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of such duration as may be prescribed by the central government, for nursing the child until the child attains the age of fifteen months30creche facility67 (1) every establishment to which this chapter applies, in which fifty employees or such number of employees as may be prescribed by the central government, are employed shall have the facility of crèche within such distance as may be prescribed by the central government, either separately or along with common facilities:35provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her(2) every establishment to which this chapter applies shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this chapter40dismissal for absence during pregnancy68 (1) when a woman absents herself from work in accordance with the provisions of this chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:45provided that the discharge or dismissal of a woman at any time during her pregnancy,if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:provided further that where the dismissal is for any gross misconduct as may be prescribed by the central government, the employer may, by order in writing, communicated to the woman, deprive her of the maternity benefit or medical bonus, or both5(2) any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed shall be final1069 no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this chapter shall be made by reason only of—no deduction of wages in certain cases(a) the nature of work assigned to her by virtue of the provisions contained in section 59; or(b) breaks for nursing the child allowed to her under the provisions of section 6615forfeiture of maternity benefit70 a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefits provided under this chapter shall not be entitled to receive maternity benefit for such periodduties of employer2071 an abstract of the provisions of this chapter and the rules relating thereto in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed72 (1) any woman claiming that,—(a) maternity benefit or any other amount to which she is entitled under this chapter and any person claiming that payment due under this chapter has been improperly withheld;power of inspectorcum- facilitator to direct payments to be made25(b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this chapter, may make a complaint to the inspector-cum-facilitator(2) the inspector-cum-facilitator may, on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that—30(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his order in writing;(b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this chapter, may pass such orders as he deems just and proper according to the circumstances of the case35(3) any person aggrieved by the order of the inspector-cum-facilitator under sub-section (2) may, within thirty days from the date on which such order is communicated to such person, appeal to the authority prescribed by the appropriate government40(4) the decision of the authority referred to in sub-section (3), where an appeal has been preferred to it under that sub-section or of the inspector-cum-facilitator where no such appeal has been preferred shall be final chapter vii employee's compensation45reports of fatal accidents and serious bodily injuries73 (1) where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury:provided that where the state government has so specified, the person required to give the notice may instead of sending such report to the competent authority send it to the authority to whom he is required to give the notice5explanation— for the purposes of this sub-section, "serious bodily injury" meansan injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days10(2) the state government may, by notification, extend the provisions of sub-section (1)to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the competent authority(3) nothing in this section shall apply to establishments to which chapter iv, relating to employees' state insurance corporation, applies15employer's liability for compensation74 (1) if personal injury is caused to an employee by accident or an occupationaldisease listed in the third schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable—20(a) in respect of any injury which does not result in the total or partial disablementof the employee for a period exceeding three days; and(b) in respect of any injury, not resulting in death or permanent total disablementcaused by an accident which is directly attributable to—25(i) the employee having been at the time thereof under the influence ofdrink or drugs, or(ii) the wilful disobedience of the employee to an order expressly given, orto a rule expressly framed, for the purpose of securing the safety of employees, or30(iii) the wilful removal or disregard by the employee of any safety guardor other device which he knew to have been provided for the purpose of securing the safety of employee35(2) an accident or an occupational disease referred to in sub-section (1) shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident or at the time of contacting the occupational disease, referred to in that sub-section, acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if —40(a) such accident or contacting of such occupational disease would have beendeemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be ; and(b) the act is done for the purpose of and in connection with the employer'strade or business45(3) if an employee employed in any employment specified in the second schedule contracts any disease specified in the third schedule, being an occupational disease peculiar to that employment whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months, then, such disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment5(4) an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and his employment is established10 15(5) the central government or the state government, after giving, by notification, not less than three months' notice of its intention so to do, may, by a like notification, modify or add any description of employment to the employments specified in the second schedule, and shall specify in the case of employments so modified or added, the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply, in the case of a notification by the central government, within the territories to which this code extends or, in case of a notification by the state government, within that state as if such diseases had been declared by this code to be occupational diseases peculiar to those employments(6) save as provided by sub-sections (2), (3) and (4), no compensation shall be payable to an employee in respect of any accident or disease unless the accident or disease is directly attributable to a specific injury by accident or disease arising out of and in the course of his employment20(7) nothing herein contained shall be deemed to confer any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any court of law in respect of any accident or injury—25(a) if he has instituted a claim to compensation in respect of the accident orinjury before a competent authority; or(b) if an agreement has been made between the employee and his employerproviding for the payment of compensation in respect of the accident or injury in accordance with the provisions of this chapter30compensation in case of death of or injury in plantation75 if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation under section 7435explanation—for the purposes of this section, the expression "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, and includes a person employed on contract for more than sixty days in a year, but does not include—(i) a medical officer employed in the plantation;40(ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed the amount as determined by the appropriate government, by notification, from time to time;45(iii) any person employed in the plantation primarily in a managerial or administrative capacity, notwithstanding that his monthly wages do not exceed the amount as determined by the appropriate government, by notification, from time to time;(iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals76 (1) subject to the provisions of this chapter, the amount of compensation shall be,—compensation in case of death of or injury in plantation5| ( ||-------------------------------------------------------------------------------------|| monthly wages of the deceased employee multiplied by the relevant factor or an || amount as may be notified by the central government from time to time, whichever is || more; |10(b) where permanent total disablement results from the injury, an amount equal to sixty per cent of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the central government from time to time or, whichever is more: provided that the central government may, by notification from time to time, enhance the amount of compensation specified in clauses (a) and (b)15explanation—for the purposes of clauses (a) and (b), "relevant factor", in relation to an employee means the factor specified in column (3) of the sixth schedule relating to factors against the corresponding entry in column (2) thereof, specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due;(c) where permanent partial disablement results from the injury,—20(i) in the case of an injury specified in part ii of the fourth schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and25(ii) in the case of an injury not specified in the fourth schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the medical practitioner) permanently caused by the injury30explanation 1—for the purposes of this clause, where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries35 explanation 2—in assessing the loss of earning capacity under sub-clause (ii), the medical practitioner shall have due regard to the percentage of loss of earning capacity in relation to different injuries specified in the fourth schedule; (d) where temporary disablement, whether total or partial, results from the injury, a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (4)(2) notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to an employee in respect of an accident which occurred outside india, the competent authority shall take into account the amount of compensation, if any, awarded to such employee in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the employee in accordance with the law of that country(4) the half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day—(i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more; or5(ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever is shorter: provided that—10 15(a) there shall be deducted from any lump sum or half-monthly payments to which the employee is entitled the amount of any payment or allowance which the employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be, and such payment or allowance which the employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation;(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the employee before the accident exceeds half the amount of such wages which he is earning after the accident20(5) the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer(6) on the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month25(7) if the injury of the employee results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the competent authority a sum of not less than fifteen thousand rupees for payment of the same to the eldest surviving dependent of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependent or was not living with his dependent at the time of his death, to the person who actually incurred such expenditure:30provided that the central government may, by notification from time to time, enhance the amount specified in this sub-section77 (1) compensation under section 74 shall be paid as soon as it falls due35compensation to be paid when due and damages for default(2) in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the competent authority or made to the employee, as the case may be, without prejudice to the right of the employee to make any further claim40(3) where any employer is in default in paying the compensation due under this chapter within one month from the date it fell due, the competent authority shall—(a) direct that the employer shall, in addition to the amount of the arrears, pay interest at such rate as may be prescribed by the central government, on the amount due; and45(b) if in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damages:provided that an order for the payment of damages shall not be passed under clause (b)without giving a reasonable opportunity to the employer to show cause as to why it should not be passed5(4) the interest and the damages payable under sub-section (3) shall be paid to the employee or his dependent, as the case may be78 for the purposes of calculation of compensation under section 74, the expression"monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely:—method of calculating monthly wages for purposes of compensation10(a) where the employee has, during a continuous period of not less than twelvemonths immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the employee shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;15 20(b) where the whole of the continuous period of service immediately precedingthe accident during which the employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the employee shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by an employee employed on the same work by the same employer, or, if there was no employee so employed, by an employee employed on similar work in the same locality;25(c) in other cases including cases in which it is not possible for want of necessaryinformation to calculate the monthly wages under clause (b), the monthly wages shallbe thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such periodexplanation - for the purpose of this section, "a period of service" shall be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days30review3579 (1) any half-monthly payment payable under this chapter, either under an agreementbetween the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitioner that there has been a change in the condition of the employee or, subject to such conditions as may be prescribed by the state government, on application made without such certificate(2) any half-monthly payment may, on review under this section, subject to the provisions of this chapter, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the employee is entitled less any amount which he has already received by way of half-monthly payments40commutation of halfmonthly payments4580 any right to receive half-monthly payments may, by agreement between the parties or, if the parties cannot agree and the payments have been continued for not less than six months, on the application of either party to the competent authority be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may bedistribution of compensation81 (1) no payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation:505provided that, in the case of a deceased employee, an employer may make to any dependent advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependent shall be deducted by the competent authority from such compensation and repaid to the employer(2) any other sum amounting to not less than five thousand rupees which is payable as compensation may be deposited with the competent authority on behalf of the person entitled thereto(3) the receipt of the competent authority shall be a sufficient discharge in respect of any compensation deposited with him10 15(4) (a) on the deposit of any money under sub-section (1) as compensation in respect of a deceased employee, the competent authority shall, if he thinks necessary, cause notice to be published or to be served on each dependent in such manner as he thinks fit, calling upon the dependents to appear before him on such date as he may fix for determining the distribution of the compensation(b) if the competent authority is satisfied after any inquiry which he may deem necessary, that no dependent exists, he shall repay the balance of the money to the employer by whom it was paid20(c) the competent authority shall, on an application by the employer, furnish a statement showing in detail all disbursements made25(5) the compensation deposited in respect of a deceased employee shall, subject to any deduction made under sub-section (1), be apportioned by order by the competent authority among the dependents of the deceased employee or any of them in such proportion as the competent authority thinks fit, or may, in the discretion of the competent authority, be allotted to any one dependent: provided that the competent authority shall not make any order under this sub-section without hearing the dependents and shall record reasons in the order for the apportionment of such compensation among dependents or any of them, as the case may be30(6) where any compensation deposited with the competent authority is payable to any person, other than a woman or a person under legal disability, the competent authority may pay the compensation to the person entitled thereto35 40(7) where any lump sum deposited with the competent authority is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the competent authority may direct; and where a half-monthly payment is payable to any person under a legal disability, the competent authority may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependent of the employee or to any other person, whom the competent authority thinks fit to provide for the welfare of the employee45(8) where, on application made to him in this behalf or otherwise, the competent authority is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependent or for any other sufficient cause, an order of the competent authority as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependent is to be invested, applied or otherwise dealt with, ought to be varied, the competent authority may make such orders for the variation of the former order as he thinks just in the circumstances of the case:provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause as to why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependent of any sum already paid to him5(9) where the competent authority varies any order under sub-section (8) by reasonof the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner as specified in sub-section (10)10(10) the competent authority may recover as an arrear of land revenue any amount referred to in sub-section (9), and for such purpose the competent authority shall be deemed to be a public officer within the meaning of section 5 of the revenue recovery act, 18901 of 1890notice and claim1582 (1) no claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death:20provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (3) of section 74 are applicable, the accident shall be deemed to have occurred on the first of the days during which the employee was continuously absent from work in consequence of the disablement caused by the disease:provided further that in case of partial disablement due to the contracting of any such disease and which does not force the employee to absent himself from work, the period of two years shall be counted from the day the employee gives notice of the disablement to his employer:25provided also that if an employee who, having been employed in an employment for acontinuous period specified under sub-section (3) of section 74 in respect of that employment,ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected30(2) the want of or any defect or irregularity, in a notice given under sub-section (1)shall not be a bar to the entertainment of a claim—35(a) if the claim is preferred in respect of the death of an employee resulting from an accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or40(b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed had knowledge of the accident from any other source at or about the time when it occurred:45provided that the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time as provided under sub-section (1), if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause (3) every such notice shall give the name and address of the person injured and shall state the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed5(4) the appropriate government may require that any class of employers as may be prescribed by that government shall maintain, at their premises, at which employees are employed, a notice-book, in such form as may be prescribed by that government, which shall be readily accessible at all reasonable times to any injured employee employed on the premises and to any person acting bonafide on his behalf10(5) a notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or where possible, electronically or, where a notice-book is maintained, by entry in the notice-book83 (1) the provisions of this section shall, subject to the modifications specified in this section, apply in case of employees who are—special provisions relating to accidents occurring outside indian territory(a) masters of ships or seamen; or (b) captain and other members of crew of aircraft;15(c) persons recruited by companies registered in india and working as such abroad;(d) persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employees59 of 198820(2) the notice of the accident and the claim for compensation by a person injured may be served on the following persons, as if they were the employer—(a) in case of accident where the person injured is a seamen, but not the master of the ship, on the master of the ship;(b) in case of accident where the person injured is a member of crew of an aircraft, but not the captain of the aircraft, on the captain of the aircraft;25(c) in case of persons recruited by companies registered in india and working as such abroad, on the local agent of the company;(d) in case of persons sent for work abroad along with motor vehicles as drivers, helpers, mechanics, cleaners or other employees, on the local agent of the owner of the motor vehicle, in the country of the accident:30provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident (3) the claim of compensation shall be made—35(a) in the case of the death of an employee referred to in sub-section (1), one year after the news of the death has been received by the claimant;(b) in the case where the ship or the aircraft as the case may be, has been or is deemed to have been lost with all hands, eighteen months of the date on which the ship or the aircraft was, or is deemed to have been, so lost:40provided that the competent authority may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause5(4) where an injured employee referred to in sub-section (1) is discharged or left behind in any part of india or in any foreign country, then, any depositions taken by any judge or magistrate in that part or by any consular officer in the foreign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claim, be admissible in evidence—(a) if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made;(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and10(c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused,15and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made20(5) no half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law in force for the time being relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman25(6) failure to give a notice or make a claim or commence proceedings within the time required by this section shall not be a bar to the maintenance of proceedings under this chapter in respect of any personal injury, if such proceedings under this chapter are commenced within one month from the date on which the said certificate of the appropriate government was furnished to the person commencing the proceedingsmedical examination3084 (1) where an employee has given notice of an accident, he, shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly payment under this chapter shall, if so required, submit himself for such examination from time to time:provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the appropriate government35(2) if an employee, on being required to do so by the employer under sub-section (1)or by the competent authority at any time, refuses to submit himself for examination by a medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless in the case of refusal, he was prevented by any sufficient cause from so submitting himself40(3) if an employee, before the expiry of the period within which he is liable undersub-section (1) to be required to submit himself for medical examination, voluntarily leaves the vicinity of the place in which he was employed without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination:45provided that where such employee proves before the medical practitioner that hecould not so submit himself for medical examination due to the circumstances beyond his control and he was also handicapped to communicate such information in writing, the medical practitioner may after recording such reasons in writing, condone the delay and his right to compensation shall be revived as if no such suspension was made(4) where an employee, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the competent authority may, if he thinks fit, direct the payment of compensation to the dependants of the deceased employee5(5) where under sub-section (2) or sub-section (3), a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (ii) of sub-section (4) of section 76, the waiting period shall be increased by the period during which the suspension continues10 15(6) where an injured employee has refused to be attended by a medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, if it is proved that the employee has not thereafter been regularly attended by a medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had been regularly attended by a medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordinglycontracting20 2585 (1) where any employer in the course of or for the purposes of his trade or business contracts with contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by him; and that the amount of compansation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed30(2) where the employer is liable to pay compansation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compansation and where a contractor who is himself an employer is liable to pay compansation or to indemnify an employer under this section, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compansation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authority35(3) nothing in this section shall be construed as preventing an employee from recovering compansation referred to in sub-section (2) from the contractor instead of the employer40(4) the provisions of this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the employer has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or managementremedies of employer against stranger4586 where an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 85 shall be entitled to be indemnified by the person so liable to pay damages as aforesaidinsolvency of employer51087 (1) where any employer has entered into a contract with any insurers in respect of any liability under this chapter to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer(2) if the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation15(3) where in any case such as is referred to in sub-section (1) the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premium), the provisions of that sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the employee:20provided that the provisions of this sub-section shall not apply in any case in whichthe employee fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings2531 of 201618 of 2013(4) there shall be deemed to be included among the debts which under section 53 of the insolvency and bankruptcy code, 2016 or under section 320 of the companies act, 2013 are in the distribution of the assets of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation, the liability accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and the provisions of that code and act shall have effect accordingly30 35(5) where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if applications were made for that purpose under section 80, and a certificate of the competent authority as to the amount of such sum shall be conclusive proof thereof(6) the provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1)40(7) the provisions of this section shall not apply where a company is wound upvoluntarily merely for the purposes of reconstruction or of amalgamation with another company45power to require from employers statements regarding fatal accidents88 (1) where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post or where possible, electronically a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by the appropriate government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependents of such employee ascertained by the competent authority in such manner as may be prescribed by the appropriate government5(2) if the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice(3) if the employer is of the opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability10(4) where the employer has so disclaimed liability, the competent authority, after such inquiry as he may think fit, may inform any of the dependants of the deceased employee, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit15(5) where in the opinion of the competent authority, a dependant of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant in such manner as may be prescribed from the panel of advocates maintained by the appropriate government for such purposeregistration of agreements2089 (1) where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register, electronically or otherwise, in such manner as may be prescribed by the appropriate government:25provided that—(a) no such memorandum shall be recorded before seven days after communication by the competent authority of notice to the parties concerned;(b) the competent authority may at any time rectify the register;30 35(c) where it appears to the competent authority that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable, to a woman or a person under a legal disability ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the competent authority may refuse to record the memorandum of the agreement and may make such order including an order as to any sum already paid under the agreement, as the competent authority thinks just in the circumstances (2) an agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this code notwithstanding anything contained in the indian contract act, 1872, or in any other law for the time being in force(3) where a memorandum of any agreement, the registration of which is required under this section, is not sent to the competent authority as required by this section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this chapter, and notwithstanding anything contained in the proviso to sub-section (1) of section 76, shall not, unless the competent authority otherwise directs, be entitled to deduct more than half of any amount paid to the employee by way of compensation whether under the agreement or otherwisereference to competent authority590 (1) if any question arises in any proceedings under this chapter as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not an employee or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a competent authority(2) no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this chapter required to be settled, decided or dealt with by a competent authority or to enforce any liability incurred under this chapter10appointment of competent authority1591 (1) the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by the appropriate government to be a competent authority for employee's compensation for such area as may be specified in the notification(2) where more than one competent authority has been appointed for any area, the state government may, by general or special order, regulate the distribution of business amongst them20(3) any competent authority may, for the purpose of deciding any matter referred to him for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiryvenue of proceedings and transfer2592 (1) where any matter under this chapter is to be done by or before a competent authority, the same shall, subject to the provisions of this chapter and in the manner prescribed in this behalf by the state government, be done by or before the competent authority for the area in which—(a) the accident took place which resulted in the injury; or (b) the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or30(c) the employer has his registered office:35provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the central government to the competent authority having jurisdiction over the area and the state government concerned:40provided further that, where the employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident outside india, any such matter may be done by or before a competent authority for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be45(2) if a competent authority, other than the competent authority with whom any money has been deposited under section 81, proceeds with a matter under this chapter, the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request, he shall comply with the same(3) if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, whether in the same state or not, he may, subject to rules made under this code relating to this chapter, order such matter to be transferred to such other competent authority either for5report or for disposal, and, if he does so, shall forthwith transmit to such other competent authority all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the manner as may be prescribed by the central government any money remaining in his hands or invested by him for the benefit of any party to the proceedings:provided that the competent authority shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard10(4) the competent authority to whom any matter is so transferred shall, subject to rules made under this code relating to this chapter, inquire therein to and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him15(5) on receipt of a report from a competent authority to whom any matter has been transferred for report under sub-section (3), the competent authority by whom it was referred shall decide the matter referred to in conformity with such report(6) the state government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by itform of application2093 (1) where an accident occurs in respect of which liability to pay compensation under this chapter arises, a claim for such compensation may, subject to the provisions of this chapter, be made before the competent authority25(2) subject to the provisions of sub-section (1), no application for the settlement of any matter by competent authority, other than an application by a dependant or joint application by dependants for compensation, shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement(3) an application to a competent authority for claim under sub-section (1) or settlement under sub-section (2) may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by the central government30(4) the time limit for the disposal of applications under this section and the costs incidental to the proceedings under this section to be imposed by the competent authority shall be such as may be prescribed by the state government3594 (1) where any sum has been deposited by an employer as compensation payable in respect of an employee whose injury has resulted in death, and in the opinion of the competent authority such sum is insufficient, the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticepower of competent authority to require further deposit in cases of fatal accident(2) if the employer fails to show cause to the satisfaction of the competent authority, the competent authority may make an award determining the total amount payable, and requiring the employer to deposit the deficiency405 of 1908powers and procedure of competent authority2 of 19744595 the competent authority shall have all the powers of a civil court under the codeof civil procedure, 1908, for the purpose of taking evidence on oath (which such competent authority is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the competent authority shall be deemed to be a civil court for all the purposes of section 195 and of chapter xxvi of the code of criminal procedure, 1973appearance of parties96 any appearance, application or act required to be made or done by any personbefore or to a competent authority (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade unionor by an inspector-cum-facilitator appointed under sub-section (1) of section 122 or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorised5method of recording evidence97 the competent authority shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by the state government and shall form part of the record:10provided that, if the competent authority is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:provided further that the evidence of any medical witness shall be taken down as nearly as may be word for wordpower to submit cases1598 a competent authority may, if he thinks fit, submit any question of law for the decision of the high court and, if he does so, shall decide the question in conformity with such decision99 (1) an appeal shall lie to the high court from the following orders of a competent authority under this chapter, namely:—appeal against order of competent authority20(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;(b) an order awarding interest or penalty by way of damages under section 77; (c) an order refusing to allow redemption of a half-monthly payment;25(d) an order providing for the distribution of compensation among thedependants of a deceased employee, or disallowing any claim of a person alleging himself to be such dependant;(e) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 85; or(f) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:30 35 provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order as referred to in clause (c), unless the amount in dispute in the appeal is not less than ten thousand rupees or such higher amount as the central government may, by notification in the official gazette, specify:provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the competent authority, or in which the order of the competent authority gives effect to an agreement come to by the parties:40provided also that no appeal by an employer under clause (a) shall lie unless thememorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against(2) the period of limitation for an appeal under this section shall be sixty days36 of 196345(3) the provisions of section 5 of the limitation act, 1963, shall be applicable to appeal under this section chapter viii social security and cess in respect of building and other construction workerslevy and collection of cess5100 (1) there shall be levied and collected a cess for the purposes of social securityand welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employer, as the central government may, by notification, from time to time specifyexplanation— for the purposes of this sub-section, the cost of construction shall not include:—| ( | a | ) the cost of land; and ||-----|-----|---------------------------------------------------------------------------------|| 10 | | || ( | b | ) any compensation paid or payable to an employee or his kin under chapter vii || 15 | | |(2) the cess levied under sub-section (1) shall be collected from every employer undertaking building or other construction work in such manner and at such time, including deduction at source in relation to a building or other construction work of a government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority or such other authority notified by the state government is required, as may be prescribed by the central government20(3) the proceeds of the cess collected under sub-section (2) shall be deposited by the local authority or such other authority notified by the state government to the board in such manner as may be prescribed by the central governmentexplanation—for the purposes of this chapter, the expression "board" means the building and other construction workers' welfare board constituted under section 725(4) notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this chapter including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed by the central government on the basis of the quantum of the building or other construction work involved30interest payable on delay in payment of cess101 if any employer fails to pay any amount of cess payable under section 100 withinsuch time as may be prescribed by the appropriate government, such employer shall be liable to pay interest at such rate as may be prescribed by the central government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paidpower to exempt from cess35102 notwithstanding anything contained in this chapter, the central governmentmay, by notification, exempt any employer or class of employers in a state from the payment of cess payable under this chapter where such cess is already levied and payable under any corresponding law in force in that stateselfassessment of cess40103 (1) the employer shall, within sixty days or such period as may be notified by theappropriate government of the completion of his each building and other construction work, pay such cess (adjusting the advance cess already paid under section 100) payable under this chapter on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the central government and after such payment of cess, he shall file a return under clause (d) of section 12345(2) if the officer or the authority to whom or to which the return has been filed under sub-section (1) finds any discrepancy in the payment under the self assessment and the payment required under the return referred to in that sub-section, then, he or it shall, after making or causing to be made such inquiry as he or it thinks fit and after such inquiry make the appropriate assessment order(3) an order of assessment made under sub-section (1) or sub-section (2) shall specify the date within which the cess shall be paid by the employer, if any5penalty for non-payment of cess within the specified time104 if any amount of cess payable by any employer under section 103 is not paid within the date specified in the order of assessment made under sub-section (2) of section 103, it shall be deemed to be in arrears and the authority prescribed by the central government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess:10 provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this sectionappeal to appellate authority15105 (1) any employer aggrieved by an order of assessment made under section 103or by an order imposing penalty made under section 104 may, within such time as may be prescribed by the central government, appeal to such appellate authority in such form and in such manner as may be prescribed by the central government(2) every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed by the appropriate government20(3) after the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible(4) every order passed in appeal under this section shall be final and shall not be called in question in any court of law25registration of building workers as beneficiaries106 every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the board as a beneficiary under this chapter in such manner as may be prescribed by the central governmentcessation as a beneficiary107 (1) a building worker who has been registered as a beneficiary under section 106shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year:30provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment35(2) notwithstanding anything contained in sub-section (1), if a person had been abeneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the central government40explanation—for computing the period of three years under this sub-section as a beneficiary registered with a board, there shall be added any period for which a person had been a beneficiary registered with any other board immediately before his registration with the board108 (1) there shall be constituted by a board a fund to be called the building and other construction workers' welfare fund and there shall be credited thereto—45(a) the amount of any cess levied under sub-section (1) of section 100;(b) any grants and loans made to the board by the central government;building and other construction workers' welfare fund and its application(c) all sums received by the board from such other sources as may be decidedby the central government(2) the building and other construction worker welfare fund shall be applied for meeting—(a) expenses of the board in the discharge of its functions under sub-section (6)of section 7; and5(b) salaries, allowances and other remuneration of the members, officers and other employees for the board;(c) expenses on objects and for purposes authorised by this code10(3) no board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent of its total expenses during that financial year chapter ix social security for unorganised workers15109 (1) the central government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers (including audio visual workers, beedi workers, non-coal workers) on matters relating to—(i) life and disability cover; (ii) health and maternity benefits; (iii) old age protection;20(iv) education;framing of scheme for unorganised workers, and constitution of social security fund for gig workers, platform workers, etc(v) housing; and (vi) any other benefit as may be determined by the central government(2) the state government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to—25(i) provident fund; (ii) employment injury benefit; (iii) housing; (iv) educational schemes for children; (v) skill upgradation of workers;30(vi) funeral assistance; and (vii) old age homes(3) any scheme notified by the central government may be—(i) wholly funded by the central government; or35(ii) partly funded by the central government and partly funded by the state government; or(iii) partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the central government; or4018 of 2013(iv) funded from any source including corporate social responsibility fund within the meaning of companies act, 2013 or any other such source as may be specified in the scheme (4) the central government may, by notification, constitute a social security fund or funds for provision of social security to the unorganised workers, platform workers or gig workers or any class of such workers comprising of the funding received under sub-section (3) or from any other source as may be notified by the central government5(5) the social security fund or funds as constituted under sub-section (4) shall be administered by the central government in such manner as may be prescribed by the central government(6) every scheme notified by the central government under sub-section (1) shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to all or any of the following, namely:—(i) scope of the scheme;10(ii) authority to implement the scheme; (iii) beneficiaries of the scheme; (iv) resources of the scheme; (v) agency or agencies that will implement the scheme; (vi) redressal of grievances; and (vii) any other relevant matter,15and a special purpose vehicle may also be constituted by the central government for the purpose of implementation of such scheme110 (1) any scheme notified by the state government under sub-section (2) may be—(a) wholly funded by the state government; orfunding of state government schemes20(b) partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the state government; or25(c) funded from any source including corporate social responsibility fund referred to in clause (iv) of sub-section (3) of section 109 or any other such source as may be specified in the scheme (2) the state government may seek financial assistance from the central government for the schemes formulated by it30(3) the central government may provide such financial assistance to the state governments for the purpose of schemes for such period and on such terms and conditions as it may deem fitrecord keeping111 the government formulating and notifying the scheme under this chapter shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintained:35provided that such record shall , as far as may be possible, bear continuous number for the purpose of proper management of the scheme and for avoiding any duplication and overlapping in recordsworkers facilitation centres112 the central government or the state government may setup such workers facilitation centres as may be considered necessary from time to time to perform the following functions, namely:—40(a) disseminate information on available social security schemes for the unorganised workers;(b) facilitate filling, processing and forwarding of application forms for registrationof unorganised workers;45(c) assist unorganised worker to obtain registration from the authority specifiedin the scheme; and(d) facilitate the enrolment of the registered unorganised workers in socialsecurity schemes113 (1) every unorganised worker shall be eligible for registration, for the purposes of this chapter, subject to the fulfilment of the following conditions, namely:—registration of unorganised worker(a) he has completed sixteen years of age or such age as may be prescribed bythe central government;5(b) he has submitted a self-declaration electronically or otherwise in such form,in such manner and to such authority containing such information as may be prescribed by the central government10(2) every eligible unorganised worker under sub-section (1) shall make an application for registration in such form along with such documents, to such registering authority as may be prescribed by the central government and such unorganised worker shall be registered by such registering authority by assigning a distinguishable number to his application or by linking the application to the aadhaar number15(3) a registered unorganised worker shall be eligible to avail the benefit of a scheme framed under this chapter on making such contribution, if any, as may be specified in the scheme(4) the central government, or as the case may be, the state government shall make such contribution in a scheme as may be specified therein114 (1) the central government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform worker on matters relating to—schemes for gig workers and platform workers20(a) life and disability cover; (b) health and maternity benefits; (c) old age protection; and (d) any other benefit as may be determined by the central government(2) every scheme formulated and notified under sub-section (1) may provide for—| ( | a | ) the manner of administration of the scheme; ||-----------------------------------------|-----|-----------------------------------------------------------------------------|| 25 | | || ( | b | ) the agency or agencies for implementing the scheme; || ( | c | ) the role of aggregators in the scheme; || ( | d | ) the sources of funding of the scheme; and || ( | e | ) any other matter as the central government may consider necessary for the || efficient administration of the scheme | | || 30 | | | chapter x finance and accountsaccounts35115 each of the social security organisations shall maintain proper accounts of itsincome and expenditure in such form and in such manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specifyaudit116 (1) the accounts of each of the social security organisations shall be auditedannually by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the respective social security organisation to the comptroller and auditor-general of india| ( ||---------------------------------------------------------------------------------------------------|| connection with the audit of the accounts of a social security organisation shall have the || same rights and privileges and authority in connection with such audit as the comptroller || and auditor-general has, in connection with the audit of government accounts and, in || particular, shall have the right to demand the production of books, accounts, connected vouchers, || documents and papers and to inspect any of the offices of the social security organisation |5(3) the accounts of a social security organisation as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded to the social security organisation which shall along with its comments on the audit report of the comptroller and auditor-general of india forward the same to the appropriate governmentbudget estimates117 (1) each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before such date as may be fixed by it in that behalf10(2) the budget shall contain provisions adequate in the opinion of the appropriate government for the discharge of the liabilities incurred by the social security organisation and for the maintenance of a working balanceannual report15118 (1) each of the social security organisations shall submit to the appropriate government an annual report of its work and activities along with the budget finally adopted by the social security organisation(2) the appropriate government shall cause a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor-general of india and the comments of the respective social security organisation thereon to be laid before each house of parliament or the state legislature, as the case may be20valuation of assets and liabilities119 each of the fund maintained by a social security organisation or by an establishment under this code shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate government, by such social security organisation or the establishment, as the case may be, in the following manner, namely:—(a) in case of central board, annually;25(b) in case of corporation, once in every three years;(c) in case of any other social security organisation or establishment, as specified by the appropriate government, by order:provided that the appropriate government, if it considers necessary, may direct such valuation to be made at such intervals other than provided in this section30holding of property, etc35120 (1) a social security organisation may, subject to such conditions as may be prescribed by the appropriate government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said social security organisation is established(2) subject to such conditions as may be prescribed by the appropriate government, a social security organisation may, from time to time invest any moneys vested in it, which are not immediately required for expenses properly defrayable and may, subject to as aforesaid, from time to time re-invest or realise such investments40(3) each of the social security organisations may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, raise loans and take measures for discharging such loans45(4) each of the social security organisations, may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fitwriting off of losses121 subject to the conditions as may be prescribed by the appropriate government, where any of the social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under this code, is irrecoverable, the concerned social security organisation may sanction the writing off of the said amount in such manner as may be prescribed by the appropriate government chapter xi authorities, assessment, compliance and recovery5appointment of inspectorcum- facilitators and their powers10122 (1) the central government for the purposes of chapter iii and chapter iv and the provisions in this code relating to those chapters, and the appropriate government for the purposes of other provisions of this code, may, by notification, appoint inspector-cum- facilitators who shall exercise the powers conferred on them under sub-section (6) in accordance with the inspection scheme referred to in sub-section (2)15(2) the central government for the purposes of chapter iii and chapter iv and the provisions in this code relating to those chapters and the appropriate government in respect of other provisions of this code, may, by notification, lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under this code electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person20(3) without prejudice to the provisions of sub-section (2), the central government for the purposes of chapter iii and chapter iv and the other provisions in this code relating to those chapters and the appropriate government in relation to other provisions of this code, may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this code, to the inspector-cum-facilitators as may be specified in such notification25(4) without prejudice to the powers of the central government or the appropriate government, as the case may be, under this section, the inspection scheme may be designed taking into account, inter alia, the following factors, namely:—30(a) assignment of unique number to each establishment (which will be same asthe registration number allotted to that establishment), each inspector-cum-facilitator and each inspection in such manner as may be notified for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government;35(b) timely uploading of inspection reports in such manner and subject to such conditions as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government;40(c) provisions for special inspections based on such parameters as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government; and45(d) the characteristics of employment relationships, the nature of work and characteristics of the workplaces based on such parameters as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government (5) the inspector-cum-facilitator may—(a) advice the employers and employees relating to compliance with the provisions of this code; and(b) inspect the establishments as assigned to him under the provisions of this code, subject to the instructions or guidelines issued by the appropriate government from time to time(6) subject to the provisions of sub-section (4), the inspector-cum-facilitator may,—5(a) examine any person who is found in any premises of the establishment,whom the inspector-cum-facilitator has reasonable cause to believe, is an employee of the establishment;10(b) require any person to give any information, which is in his power to give withrespect to the names and addresses of the persons;| ( ||----------------------------------------------------------------------------------------|| portions thereof as the inspector-cum-facilitator may consider relevant in respect of || an offence under this code and which the inspector-cum-facilitator has reason to || believe has been committed by the employer; |15(d) bring to the notice of the appropriate government defects or abuses notcovered by any law for the time being in force; and(e) exercise such other powers as may be prescribed by the appropriate government2045 of 1860(7) any person required to produce any document or to give any information required by an inspector-cum-facilitator for the purposes of sub-section (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 197425(8) the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to the search or seizure for the purposes of sub-section (5), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said code123 an employer of an establishment shall—maintenance of records, registers, returns, etc(a) maintain records and registers in the form prescribed by the appropriategovernment, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by the appropriate government including—30| ( | i | ) number of days for which work performed; ||-----|-----|---------------------------------------------------------------|| ( | ii | ) number of hours of work performed by the employees; || ( | iii | ) wage paid; || ( | iv | ) leave, leave wages, wages for overtime work and attendance; |35(v) employees identification number, by whatever nomenclature it may becalled;(vi) number of dangerous occurrences, accidents, injuries in respect ofwhich compensation has been paid by the employer and the amount of such compensation relating to chapter iv and chapter vii, respectively;40(vii) statutory deductions made by employer from the wages of an employeein respect of chapter iii and chapter iv;(viii) details as to cess paid in respect of building and other constructionwork;45(ix) total number of employees (regular, contractual or fixed termemployment) on the day specified;(x) persons recruited during a particular period; (xi) occupational details of the employees; and (xii) vacancies for which suitable candidates were not available during the specified period5(b) display notices at the work places of the employees in such manner and formas may be prescribed by appropriate government;(c) issue wage slips to the employees, in electronic forms or otherwise; and (d) file such return electronically or otherwise to such officer or authority in suchmanner and during such periods as may be prescribed by the appropriate government10employer not to reduce wages, etc15124 no employer in relation to an establishment to which this code or any scheme framed thereunder applies shall, by reason only of his liability for the payment of any contribution under this code, or any charges thereunder reduce whether directly or indirectly, the wages of any employee to whom the provisions of this code or any scheme framed thereunder applies or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or impliedassessment and determination of dues from employer125 (1) the central government may, by notification, authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group a officer of that government, to function as the authorised officers for the purposes of chapter iii or chapter iv, as the case may be, who may, by order—20(a) in a case where a dispute arises regarding the applicability of chapter iii or chapter iv, as the case may be, to an establishment, decide such dispute; and(b) determine the amount due from any employer under any provision of chapter iii or chapter iv, as the case may be, or the schemes made under such chapter; and25(c) for any of the purposes relating to clause (a) and clause (b), conduct such inquiry, as he may deem necessary for such purposes:provided that no proceeding under this sub-section shall be initiated after the expiry of the period of five years from the date on which the dispute referred to in clause (a) is alleged to have been arisen or, as the case may be, the amount referred to in clause (b) is alleged to have been due from an employer305 of 1908(2) notwithstanding anything contained in the code of civil procedure, 1908, the inquiry under sub-section (1), as far as practicable, shall be held on day-to-day basis and endeavour shall be made to ensure that the inquiry is concluded within a period of two years:35 provided that where the inquiry is not concluded within the said period of two years, the authorised officer conducting such inquiry shall record the circumstances and reasons for not having concluded so and submit the circumstances and reasons so recorded to the central provident fund commissioner or the director general of the corporation as the case may be, or such other officer authorised by him in this behalf:40 provided further that the central provident fund commissioner or the director general of the corporation, as the case may be, after considering the circumstances and the reasons which have been submitted by the authorised officer may grant an extension of one year to conclude the said inquiry:45provided also that the inquiries which are pending immediately before the date of commencement of this code shall be concluded by the authorised officer within a period not exceeding two years from the date of such commencement5 of 1908(3) the authorised officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry have the same powers as are vested in a court under the code of civil procedure, 1908, for trying a suit in respect of the following matters, namely:—(a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents;5(c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses,45 of 1860and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code10(4) no order shall be made under sub-section (1), unless the employer concerned isgiven a reasonable opportunity of representing his case15(5) where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so by the authorised officer conducting the inquiry, such inquiry officer may decide the applicability of the relevant provisions of this code or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record20(6) where an order under sub-section (1) is passed against an employer exparte, he may, within three months from the date of communication of such order, apply to the authorised officer who conducted the inquiry for setting aside such order and if the authorised officer is satisfied that the show cause notice was not duly served or that such employer was prevented by any sufficient cause from appearing when the inquiry was held, the authorised officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry:25provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the authorised officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the authorised officer30explanation—where an appeal has been preferred under this code against an orderpassed exparte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the exparte order(7) no order passed under this section shall be set aside on any application under sub-section (4) unless notice thereof has been served on the opposite party35review of orders passed under section 12540126 (1) any person considering himself aggrieved by an order made under section 125, but from which no appeal has been preferred under section 127, and if such person, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of such order made against him, may apply for a review of that order to the authorised officer who made the order:provided that such authorised officer may also on his own motion review his order if he is satisfied that it is necessary so to do in the interest of justice45(2) every application for review under sub-section (1) shall be filed in such form andmanner and within such time as may be prescribed by the central government(3) where it appears to the authorised officer, receiving an application for review under sub-section (2), that there is no sufficient ground for review, he shall reject the application(4) where the authorised officer is of the opinion that such application for review may be granted, he shall grant the same:provided that no such application shall be granted,—5(a) without previous notice to all the opposite parties in the application to enable them to appear and be heard in support of the order against which the review is filed; and(b) on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge or could not be produced by him when the order was made, without proof of such allegation10appeal against order of authorised officer127 if an employer is not satisfied with the order made under section 125, he may prefer an appeal to an appellate authority as may be prescribed by the central government, within sixty days of the date of such order on deposit of twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the concerned social security organisation:15 provided that such order made under section 125 shall not be brought into operation for such period as may be notified by the central government to provide convenience to the employer to prefer appeal:20provided further that if the employer finally succeeds in the appeal, the concerned social security organisation shall refund such deposit to the employer together with interest at such rate as may be prescribed by the central government within forty-five days of such final order in appeal128 where an order determining the amount due from an employer under section 125or section 126 has been passed and if the authorised officer who passed the orders—determination of escaped amount25(a) has reason to believe that by reason of the omission or failure on the part ofthe employer to make any document or report available, or to disclose, fully and truly, all material facts necessary for determining the correct amount due from the employer, any amount so due from such employer for any period has escaped his notice;30(b) has, in consequence of information in his possession, reason to believe thatany amount to be determined under section 125 or section 126 has escaped from his determination for any period notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the employer,he may, within a period of five years from the date of communication of the order passed under section 125 or section 126, reopen the case and pass appropriate orders redetermining the amount due from the employer in accordance with the provisions of this chapter:35provided that no order redetermining the amount due from the employer shall bepassed under this section unless the employer is given a reasonable opportunity of representing his caseinterest on amount due40129 except where expressly provided otherwise in this code, the employer shall beliable to pay simple interest at such rate as may be prescribed by the central government, from the date on which any amount has become due under this code till the date of its actual paymentpower to recover damages45130 where an employer makes default in the payment of any contribution which he isliable to pay in accordance with the provisions of chapter iii or chapter iv, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under chapter iii, or in the payment of any charges payable under any other provision of this code, the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears, in such manner as may be prescribed by the central government:provided that before levying and recovering such damages, the employer shall be given an opportunity of being heard:531 of 2016provided further that the central board or the corporation as the case may be, may reduce or waive the damages levied under this section in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the insolvency and bankruptcy code, 2016 subject to the terms and conditions as may be specified by notification, by the central governmentrecovery of amount due10131 (1) any amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the manner specified in this section and sections 132 to 13415(2) where any amount is in arrear under this code, the authorised officer, or the competent authority, as the case may be, shall issue to the recovery officer referred to in sub-section (4), a certificate under his signature, electronically or otherwise, specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below, namely:—20(a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, of the employer;(b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the defaulter:25provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount or arrears specified in the certificate, the recovery officer may move such proceeding against the property of the employer for recovery of the whole or any part of such arrears30(3) the authorised officer or the competent authority, as the case may be, may issue a certificate under sub-section (2), notwithstanding that proceeding for recovery of the arrears by any other mode has been taken(4) the authorised officer or the competent authority, as the case may be, may forward the certificate issued under this section, to the recovery officer within whose jurisdiction the employer—35(a) carries on his business or profession or within whose jurisdiction the principalplace of his establishment is situate; or(b) resides or any movable or immovable property of, the establishment or, theemployer is situates40(5) where an establishment or the employer has property within the jurisdiction of more than one recovery officers and the recovery officer to whom a certificate is sent by the authorised officer or the competent authority, as the case may be—(a) is not able to recover the entire amount by the sale of the property, movableor immovable, within his jurisdiction, or(b) is of the opinion that, for the purpose of expediting or securing the recoveryof the whole or any part of the amount, it is necessary so to do,45he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the manner prescribed by the central government, specifying the amount to be recovered to the recovery officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that recovery officer shall proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer or the competent authority, as the case may be5validity of certificate and amendment thereof132 (1) when the authorised officer or the competent authority, as the case may be, issues a certificate to a recovery officer under section 131, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officer10(2) notwithstanding the issue of a certificate to a recovery officer, the authorised officer or the competent authority, as the case may be, shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the recovery officer15(3) the authorised officer or the competent authority, as the case may be, shall intimate to the recovery officer any orders of withdrawing or cancelling a certificate or any correction made by him in respect of the said certificate under sub-section (2)20(4) notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the authorised officer or the competent authority, as the case may be, may grant time to the employer for payment of the amount recoverable under the certificate and thereupon the recovery officer shall stay the proceedings until the expiry of the time so granted(5) where a certificate for the recovery of amount has been issued, the authorised officer or the competent authority, as the case may be, shall keep the recovery officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate25 30(6) where the order giving rise to a demand of amount for which a certificate for recovery has been issued under section 131 has been modified in appeal or other proceeding under this code, resulting in reduction of the demand but the order is the subject-matter of further proceeding under this code, the authorised officer or the competent authority, as the case may be, shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending35(7) where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this code, the authorised officer or the competent authority, as the case may be, shall, when the order being the subject-matter of such appeal or other proceeding become final and conclusive, amend the certificate or withdraw it, as the case may be, in consonance with such finality or conclusionother modes of recovery40133 (1) notwithstanding the issue of a certificate to the recovery officer under section 131, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf, may, recover the amount by any one or more of the modes provided in this section45 50(2) if any amount is due from any person to any employer who is in arrears, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, require such person to deduct from the said amount the arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf:5 of 1908provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the code of civil procedure, 1908510 15(3) (a) the central provident fund commissioner or the director general of thecorporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or, as the case may be, the establishment, to pay to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer authorised by it in this behalf either forthwith upon the money becoming due or being held at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount(b) a notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal20(c)a copy of the notice shall be forwarded to the employer at his last address knownto the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf and in the case of a joint account to all the joint holders at their last addresses so known25(d) save as otherwise provided in this sub-section, every person to whom a notice isissued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary30(e)any claim respecting any property in relation to which a notice under thissub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice35 40(f) where a person to whom a notice under this sub-section is sent objects to it bystatement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer's liability for any sum due under this code, whichever is less45(g)the central provident fund commissioner or the director general of thecorporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice50(h)the central provident fund commissioner or the director general of thecorporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, shall grant a receipt for any amount paid in compliance with anotice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid5(i) any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any sum due under this code, whichever is less10 15(j)if the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceeding may be moved against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 131 to 134 and the notice shall have the same effect as an attachment of amount in arrears by the recovery officer in exercise of his powers under section 13120(4) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due2543 of 1961(5) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, if so authorised by the central government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the third schedule to the income tax act, 196143 of 196130application of certain provisions of income-tax act134 the provisions of the second schedule and the third schedule to the income-tax act, 1961 and the income tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules refer to the amount in arrears of the amount mentioned in section 131 of this code instead of to the income tax:provided that any reference in the said provisions and the rules to the "assessees"shall be construed as a reference to an employer as defined in this code35 chapter xii offences and penalties135 if any person,—penalty for failure to pay contributions, etc(a) being an employer, fails to pay any contribution which he is liable to payunder this code or rules, regulations or schemes made thereunder; or40(b) deducts or attempts to deduct from the wages of an employee, the whole orany part of employer's contribution; or(c) in contravention of the provisions of this code, reduces the wages or anyprivilege or benefits admissible to an employee; or45(d) in contravention of the provisions of chapter iv or chapter vi or rules,regulations or schemes made or framed under this code relating, respectively, to such chapters, dismisses, discharges, reduces in rank or otherwise penalises a woman employee; or(e) fails or refuses to submit any return, report, statement or any other information required under this code or any rules, regulations or schemes made or framed thereunder; or5(f) obstructs any inspector-cum-facilitator or other officer or staff of the central board or the corporation or other social security organisation or a competent authority in the discharge of his duties; or(g) fails to pay any amount of gratuity to which an employee is entitled under this code; or10(h) fails to pay any amount of compensation to which an employee is entitled under this code; or(i) fails to provide any maternity benefit to which a woman is entitled under this code; or(j) fails to send to a competent authority a statement which he is required to send under chapter vii; or15(k) fails to produce on demand by the inspector-cum-facilitator any register or document in his custody kept in pursuance of this code or the rules, regulations or schemes made or framed thereunder;(l) fails to pay the cess for building workers which he is liable to pay under this code; or20(m) is guilty of any contravention of or non-compliance with any of the requirements of this code or the rules or the regulations or schemes made or framed thereunder in respect of which no special penalty is provided in this chapter; or(n) obstructs executive officer in exercising his functions under chapter xiii, or25(o) dishonestly makes a false return, report, statement or information to be submitted thereunder, he shall be punishable—(i) where he commits an offence under clause (a) with imprisonment for a term which may extend to three years but—30(a) which shall not be less than one year, in case of failure to paythe employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of one lakh rupees;(b) which shall not be less than six months, in any other case andshall also be liable to fine of fifty thousand rupees:35provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term; (ii) where he commits an offence under any of the clauses (b) to (g)[except clause (e)] , clauses (i) and (k) to (m), with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both;40(iii) where he commits an offence under clauses (e), (h), (j) or clause (n)with a fine which may extend to fifty thousand rupees;(iv) where he commits an offence under clause (o), with imprisonment fora term which may extend to six months45enhanced punishment in certain cases after previous conviction136 whoever, having been convicted by a court of an offence punishable under thiscode, commits the same offence shall, for second, or every subsequent such offence, be punishable with imprisonment for a term which may extend to two years and with fine of two lakh rupees:provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to five years but which shall not be less than two years and shall also be liable to fine of three lakh rupees5offences by companies137 (1) where an offence under this chapter has been committed by a company,every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:10provided 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 offence15(2) notwithstanding anything contained in sub-section (1), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, secretary or other officer of the company, such director, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly20explanation—for the purposes of this section,—(a) "company" means any body corporate, and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firmcognizance of offences25138 (1) no court shall take cognizance of an offence punishable under this codeexcept on a complaint made by such officer or other person as may be prescribed for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed thereunder, by the appropriate government30 35(2) notwithstanding anything contained in sub-section (1), no prosecution under thiscode shall be instituted except by or with the previous sanction of the authority prescribed for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made thereunder, by the appropriate government(3) no court inferior to that of a metropolitan magistrate or a judicial magistrate ofthe first class shall try any offence punishable under this chapter40prior opportunity before prosecution45139 notwithstanding anything contained in this chapter, the inspector-cum-facilitatoror any other officer notified for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government, shall, before initiation of prosecution proceeding against an employer for any offence under this chapter, give an opportunity to the employer to comply with the aforesaid relevant provisions by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, then, no such proceeding shall be initiated against the employer; but no such opportunity shall be accorded to an employer, if the violation of thesame nature of such provisions 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 chaptercompounding of offences2 of 1974510140 (1) notwithstanding anything contained in the code of criminal procedure, 1973,any offence committed for the first time, punishable under this chapter, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application made, either before or after the institution of any prosecution, be compounded by an officer authorised by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government, in such manner as may be prescribed by the central government on payment by the offender to the appropriate government such amount as may be notified by that government15(2) nothing contained in sub-section (1) shall apply to an offence committed by aperson for the second time or thereafter within a period of five years from the date —(a) of commission of a similar offence which was earlier compounded; or (b) of commission of similar offence for which such person was earlier convicted20 25(3) every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government(4) every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed by the central government30(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 compounding of any offence is made after the institution of any prosecution, such compounding shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the compounding of the offence being given to the court, the person against whom the offence is so compounded shall be discharged(7) any person who fails to comply with the order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine chapter xiii40 employment information and monitoringreporting of vacancies to career centres45141 (1) the appropriate government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishment, as the case may be, shall report or cause to be reported that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition(2) for the purposes of sub-section (1), the appropriate government may prescribe the following, namely:—(i) the manner in which the vacancies, referred to in sub-section (1), shall be reported to the career centres electronically or otherwise;5(ii) the form in which such vacancies shall be reported to the career centres; and (iii) the manner and form of filing the return by the employer to the concerned career centre10(3) nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reported(4) the executive officer shall have access to any record or document in the possession of any employer required to furnish any information or returns for the purposes of this chapter and may enter at any reasonable time any premises where he believes such record or document to be and inspect or take copies of such records or documents or ask any question necessary for obtaining any information required15142 (1) the provisions of section 141 shall not apply in relation to vacancies,—exclusions from application of this chapter(a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or(b) in any employment in domestic service; or20(c) in any employment connected with the staff of parliament or any state legislature; or(d) in any employment the total duration of which is less than ninety days; (e) in any class or category of establishments as may be notified by the central government; and25(f ) in any other employment as may be notified by the central government(2) unless the central government, by notification direct, the provisions of this chapter shall not apply in relation to—30(a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as union public service commission, staff selection commission or a state public service commission or any other agencies as may be notified by the central government; or(b) vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate government35 chapter xiv miscellaneousapplication of aadhaar143 (1) an employee or unorganised worker or any other person, as the case may be, for—(a) registration as member or beneficiary; or40(b) seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund; or(c) receiving any payment or medical attendance as insured person himself or for his dependants,518 of 2016under this code or rules, regulations or schemes made or framed thereunder has to establish his identity or, as the case may be, the identity of his family members or dependants through aadhaar number in such manner as may be prescribed by the central government and for such purpose the expression "aadhaar" shall have the meaning as defined in clause (a) ofsection 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201618 of 2016(2) for the purposes of sub-section (1), the aadhaar number issued to an individualshall be in accordance with the provisions of section 3 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201610power to exempt establishment15144 (1) notwithstanding anything contained in this code, the appropriate governmentmay, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to exemption and the conditions to be complied with after exemption, as may be prescribed by the central government in this behalf, grant exemption to an establishment or class of establishments (including factory or other establishments under the control of central government or state government or local bodies) or employees or class of employees, from any or all of the provisions of this code as may be specified in the notification and may renew for further period such exemption by like notification:provided that no such exemption,—20(i) in respect of chapter iii, without prior consultation with the central board;and(ii) in respect of chapter iv, without prior consultation with the corporation, shall be granted or renewed and the central board or the corporation, as the case may be, shall on such consultation forward its view to the appropriate government within such time as may be prescribed by that government:25provided further that in case such exemption is in respect of those chapters or inrespect of any of them, the establishment or class of establishments so exempted shall, in order to provide benefits which are substantially similar or superior to the benefits provided in those chapters or any of them arrange insurance of such value which the appropriate government considers appropriate for granting such exemption:30(2) the appropriate government may, in the notification referred to in sub-section (1),specify therein conditions as may be prescribed which the exempted establishment or the class of establishment or employee or class of employees as the case may be, shall comply with after such exemption35(3) the exemption granted under sub-section (1) to an establishment or class ofestablishment or employee or class of employees, as the case may be, shall be initially for a period of three years from the date of publication of such notification and may be extended by the appropriate government to the extent of such period as may be prescribed by the central government40(4) the exemption granted under sub-section (1) shall only be granted if the employeesin the establishment or class of establishments or employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of code to be so exempted45(5) if the establishment or class of establishments or employee or class of employeesin respect of whom the exemption has been granted under sub-section (1), fails to complywith, any conditions specified under that sub-section, then, the appropriate government may on such failure cancel the exemption so grantedliability in case of transfer of establishment50145 where an employer transfers his establishment in whole or in part, by sale, gift, lease or license or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this code in respect of the periods up to the date of such transfer:provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer5146 every member of a social security organisation and the officers and staff thereof, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under this code shall be deemed to be public servants within the meaning of section 21 of the indian penal codethe members, officers and staff to be public servants45 of 1860147 no suit, prosecution or other legal proceeding shall lie against —(i) the central government;protection of action taken in good faith(ii) a state government; (iii) a social security organisation;10(iv) a competent authority; (v) any officer or staff of a social security organisation; or (vi) any other person or authority,15discharging the functions or exercising the powers under this code, for anything which is in good faith done or intended to be done in pursuance of this code or of any rules, regulations or schemes made or framed thereundermisuse of benefits20148 if the appropriate government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this code or rules, regulations or schemes made or framed thereunder, then, such government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification: provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be149 the central government may give directions to the social security organisations in respect of matters relating to the implementation of the provisions of this code25power of central government to give directions power to frame schemes150 the appropriate government may, subject to the condition of previous publication,frame schemes not inconsistent with this code, for the purposes of giving effect to the provisions thereof30protection against attachment, etc151 (1) notwithstanding anything contained in any law for the time being in force, the amount standing to be credited in favour of the employee under chapters iii, iv, v, vi or vii or, of any member of any fund under this code, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be35 40(2) any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund maintained by his employer at the time of the death of such member or the exempted employee, as the case may be, and payable to his nominee under the scheme or the rules of the fund shall, subject to any deduction authorised by the said scheme or rules, as the case may be, vest in the nominee or such family and shall be free from any debt or other liability incurred by the deceased or the nominee before his death and shall also not be liable to attachment under any decree or order of any court(3) notwithstanding anything contained in any other law for the time being in force, any amount due under the chapters referred to in sub-section (1) shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of section 53 of the insolvency and bankruptcy code, 2016power to amend schedule152 (1) if the central government is satisfied that it is necessary or expedient so to do, it may, by notification amend the first schedule, fourth schedule, fifth schedule and sixth schedule by way of addition or deletion therein and upon such addition or deletion, the schedules shall stand to have been amended accordingly5(2) if the appropriate government is satisfied that it is necessary or expedient so to do, it may, by notification amend the second schedule and third schedule by way of addition therein and not otherwise, and upon such addition, the schedule shall stand to have been amended accordingly10153 (1) the appropriate government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereofpower of appropriate government to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—15(a) the amount in connection with premium for group insurance scheme of the beneficiaries under clause (c), educational schemes for the benefit of children of the beneficiaries under clause (d), medical expenses for treatment of major ailments of a beneficiary or, such dependent under clause (e), of sub-section (6) of section 7;20(b) other member who may authenticate by signature the orders and decisions of the social security organisations and other instruments issued under sub-section (2) of section 9;(c) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the second proviso to sub-section (1) of section 53;25(d) time, form and manner of nomination by an employee under sub-section (1), time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5), and the form for fresh nomination under sub-section (6), of section 55;(e) time and form of application under sub-section (1) of section 56;30(f) the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer under sub-section (4) of section 57;(g) the qualifications and experience of competent authority under sub-section (1)of section 58;(h) authority to whom an appeal may be preferred under sub-section (3) ofsection 72;35(i) class of employers and the form of notice-book under sub-section (4) ofsection 82;(j) the interval for medical examination under proviso to sub-section (1) ofsection 84;40(k) form of statement, and the manner of ascertaining the dependents undersub-section (1) and the manner of providing an advocate to the dependant undersub-section (5) of section 88;(l) manner of recording memorandum under sub-section (1) of section 89;(m) such other experience and qualifications for appointment as a competentauthority under sub-section (1) of section 91;(n) time-limit to pay the amount of cess under section 101;45(o) fees for appeal under sub-section (2) of section 105;(p) conditions to acquire, hold sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys, re-invest or realise investments under sub-section (2), terms to raise loans and take measures for discharging such loans under sub-section (3), and terms to constitute provident or other benefit funds under sub-section (4), of section 120;5(q) conditions and manner of writing off losses under section 121; (r) other powers of inspector-cum-facilitator under clause (e) of sub-section (6)of section 122;10(s) form and manner for maintenance of records and registers and other particulars and details under clause (a), manner and form for display of notices at the work places of the employees under clause (b), and the manner, officer or authority and periods of filing returns to the officer or authority under clause (d), of section 123;(t) officer or other person who may make complaint under sub-section (1), and the authority to give sanction for prosecution under sub-section (2) of section 138;15(u) the manner and form for reporting vacancies to the career centres under clauses (i) and (ii), and the manner and form of filing the return by the employer to the concerned career centre under clause (iii), of sub-section (2), of section 141;20(v) the time within which the central board or the corporation, as the case may be shall forward its view to the appropriate government under sub-secton (1); and the conditions which the exempted establishment or the class of establishment or class of employees shall comply after exemption under sub-section (2), of section 144;(w) any other matter which is required to be, or may be, prescribed by the appropriate government under the provisions of this code25154 (1) the central government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereofpower of central government to make 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:—30(a) manner of establishment and maintenance of career centre and the career services under clause (8) of section 2;(b) the income of dependent parents (including father-in-law and mother-in-law of a woman employee) under sub-clause (e) of clause (33) of section 2;35(c) such other authority who, may appoint the person or persons to manage the affairs of the factory and the matters which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier, under the proviso to clause (49) of section 2;(d) the time and manner of registration of establishment under section 3;40(e) the manner of administration of the funds vested in the board under sub-section (1), the manner of performance of functions by an executive committee under sub-section (3), the terms and conditions, including tenure of office of member of the central board and executive committee and their duties under sub-section (5), and the manner of performance of such other functions under sub-section (6), of section 4;45(f) the manner of administration of employees' state insurance scheme; and the manner of representation of states under clause (d), of sub-section (1), the manner of constitution of standing committee under sub-section (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of function by the standing committee under clause (a) of sub-section (4), the composition of the medical benefit committee under sub-section (5), and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-section (7), of section 5;5(g) the manner of exercising the powers and performance of the functions by thenational social security board under sub-section (1) the number of persons to benominated as members, their term of office and other conditions of their service, procedure to be followed in the discharge their functions and manner of filling vacancies under sub-section (4) and time, place and rules of procedure relating to transaction of business under sub-section (6), of section 6(h) welfare measures and facilities under clause (j) of sub-section (6) of section 7;10(i) meetings and procedure in regard to the transaction of business at meetingsand the fee and allowances of members of social security organisation or any committee under sub-section (4), of section 9;15(j) manner of re-constitution of the corporation or the central board or thenational social security board or the state unorganised workers board or the building workers' welfare board, or any of the committees under sub-section (1), and alternatearrangements for the purpose of administration of the relevant provisions of this code under sub-section (2), of section 11;(k) manner of establishment of a pension fund under clause (b) and the mannerof establishment of insurance fund under clause (c), of sub-section (1) of section 16;20(l) the manner of maintenance of a provident fund account in relation to theestablishment under sub-section (1) of section 21;(m) the manner of transfer and dealing with accounts under section 22; (n) form, manner, time-limits and fees for filing of appeal under sub-section (2) ofsection 23;25(o) salary and allowances of the director general or the financial commissionerunder sub-section (3) and the limit of maximum monthly salary under the proviso to sub-section (6), of section 24;(p) limits for defraying expenditure under clause (k) of section 26;30(q) conditions to acquire, hold, sell or otherwise transfer any movable orimmovable property under sub-section (1), conditions to invest moneys by the corporation under sub-section (2), and the terms to raise loans and take measures for discharging such loans under sub-section (3), of section 27;(r) manner of insurance of employees under section 28;35(s) the rate of contributions under sub-section (2), and the days on which thecontributions fall due where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period undersub-section (4), of section 29;(t) the percentage of income which may be spent on expenses and the limits forsuch expenses under section 30;40(u) the amount of payment under the proviso to clause (f) of sub-section (1), andthe qualifications to claim benefits, conditions, rate and period thereof under sub-section (3), of section 32;(v) the limits within which the corporation may incur expenditure from theemployees' state insurance fund under section 33;45(w) the rates, periods and conditions for payment of dependants' benefit undersub-sections (1) and (2) of section 38;(x) the qualification of an insured person and his family, to claim medical benefitand the conditions subject to which such benefit may be given, the scale and period thereof under sub-section (3), and the payment of contribution and other conditions under the second proviso to sub-section (3), of section 39;5(y) the terms and conditions subject to which the scheme may be operated under section 44;(z) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions under sub-section (2) of section 45;(za) the form of application to the competent authority under clause (b) of sub-section (5) of section 56;10 15(zb) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-section (1), the conditions to exempt and manner of establishing an approved gratuity fund under sub-section (2), and the time and manner to get establishment registered and the manner thereof under sub-section (3), of section 57 and the qualifications and experience of competent authority under sub-section (1) of section 58;(zc) the form of notice under sub-section (1), and the proof of pregnancy and proof of delivery under sub-section (5), of section 62;20(zd) the proof of miscarriage or medical termination of pregnancy under sub-section (1), the proof of tubectomy operation under sub-section (2) and the proof of illness under sub-section (3), of section 65;(ze) the duration of breaks under section 66; (zf) the number of employees and distance for creche facility under sub-section (1)of section 67;25(zg) gross misconduct under the second proviso to sub-section (1) of section 68;( zh) rate of interest to be paid by the employer under clause (a) of sub-section (3)of section 77;(zi) the manner of notice under the first proviso to sub-section (1), and the manner of transmitting money under sub-section (3), of section 92;30(zj) the form, manner and fee for application for claim or settlement under sub-section (3) of section 93;(zk)manner and time of collection of cess under sub-section (2), and manner of deposit of the cess so collected under sub-section (3) and the uniform rate or rates of advance cess under sub-section (4), of section 100;35(zl) the rate of interest in case of delayed payment of cess under section 101; (zm) the manner of self-assessment of cess under sub-section (1) of section 103;(zn) the authority to inquire and impose penalty under section 104; (zo) time-limit to prefer appeal, appellate authority, form and manner of appeal under sub-section (1) of section 105;40(zp) manner of registration as beneficiary under section 106; (zq) benefits of a beneficiary under sub-section (2) of section 107;(zr) manner of administration of the social security fund or funds under sub-section (5) of section 109;45(zs) eligible age for registration under clause (a) and form, manner, authority and information under clause (b) of sub-section (1) and the form of application and documents for registration and registering authority under sub-section (2), of section 113;5(zt) form, manner and time for filing application for review under sub-section (2),of section 126;(zu) appellate authority to whom an employer may prefer an appeal undersection 127, and rate of interest on the refund of deposit to the employer, under the second proviso, to the said section;10(zv) the rate of simple interest which the employer shall be liable to pay undersection 129;(zw) manner of levying and recovery of damages under section 130; (zx) manner to certify under sub-section (5) of section 131;15(zy) manner of compounding of offences under sub-section (1) and the form andmanner of application for compounding of an offence under sub-section (4), ofsection 140;(zz) manner to establish identity under section 143;(zza) the eligibility conditions to be fulfilled prior to exemption and the conditionsto be complied with after exemption under sub-section (1) and the period of extensionof exemption under sub-section (3) of section 144;20(zzb) any other matter which is required to be, or may be, prescribed by thecentral government under the provisions of this codepower of state government to make rules155 (1) the state government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereof25(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—30(a) the manner of exercising the powers and performance of functions by stateunorganised workers' board under sub-section (9), the number of persons to be nominated as members,their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board under sub-section (12),and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-section (14), of section 6;35(b) the terms and conditions of appointment and the salaries and other allowancespayable to the chairperson and the other members and the manner of filling of casual vacancies of the members, and the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees under clause (c) of sub-section (5) of section 7;40(c) structure, functions, powers and activities of the organisations undersub-section (6) of section 40;(d) procedure to be followed by the employees' insurance court undersub-section (2) of section 50;45(e) manner of commencement of proceedings before the employees' insurancecourt and the time-limit of filing, fees and procedure thereof under sub-section (1) of section 51;(f) conditions when application for review is made without certificate of a medical practitioner under sub-section (1) of section 79;(g) manner of matters to be dealt by or before a competent authority under subsection (1) of section 92;(h) time- limit for disposal of application and costs incidental to the proceedings under sub-section (4) of section 93;(i) the manner of authentication of memorandum under section 97; and5(j) any other matter which is required to be, or may be, prescribed by the state government under the provisions of this code10power of corporation to make regulations156 (1) the corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this code and the rules and schemes made or framed thereunder, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter iv and the provisions of this code relating to that chapter(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 cases and matters to be submitted for the decision of the corporation under clause (b) of sub-section (4) and the composition of committees under sub-section (6), of section 5;20(b) the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under clause (a) of sub-section (7) of section 24;(c) unit in respect of which all contribution shall be payable under sub-section (3)of section 29;25(d) maintenance of register of employees by or through the contractor under sub-section (7), conditions for deduction of wages under sub-section (8) and any matter relating or incidental to the payment and collection of contribution under sub-section (9), of section 31;30(e) qualifications and experience of other person to certify sickness under clause (a), authority to certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause (c) of sub-section (i), the conditions for extension of medical benefits under sub-section (2) and any matter relating or incidental to the accrual and payment of benefits under sub-section (4), of section 32;(f) continuous period in which the employee contracts occupational disease under sub-section (1) of section 36;35(g) constitution of medical board under sub-section (1), constitution of medical appeal tribunal under sub-section (5) and manner of filing appeals before the medical appeal tribunal under sub-section (7), of section 37;(h) conditions for voluntary retirement scheme under the first proviso to sub-section (3) of section 39;40(i) other authority for providing permission under clause (c) of sub-section (3),form of nomination under sub-section (6) and the authority to determine benifitsunder sub-section (9), of section 41;(j) user charges to be paid by other beneficiaries for medical facilities under clause (c) of the explanation to section 44; and(k) any matter in respect of which regulations are required or permitted to be made by this code157 the power to make rules, regulations and schemes under this code shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:—prior publication of rules, regulations, etc5(a) the date to be specified after a draft of rules, regulations and schemes underconsideration, shall not be less than forty-five days from the date on which the draft of the proposed rules, regulations and schemes is published for general information in the official gazette;(b) rules, regulations and schemes shall finally be published in the official gazette and, on such publication, shall have effect as if enacted in this code10 15rules to give effect to arrangements with other countries for the transfer of money paid as compensation158 (1) the central government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any state of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any state:20provided that no sum deposited under chapter vii in respect of fatal accidents shall be so transferred without the consent of the employer concerned after the competent authority receiving the sum has passed orders determining its distribution and apportionment under section 81(2) where money deposited with a competent authority has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this code regarding distribution by the competent authority of compensation deposited with him shall cease to apply in respect of any such money25laying of rules, regulations and schemes, etc30 35159 (1) every rule, regulation, notification and scheme made or framed by the centralgovernment or the corporation, as the case may be, under this code shall be laid, as soon as may be after it is made or framed, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation, notification or scheme, as the case may be, or both houses agree that the rule, regulation, notification or scheme, as the case may be, should not be made, such rule, regulation, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, notification or scheme, as the case may be40(2) every rule and scheme made or framed, and every notification issued by, the state government under this code, shall be laid as soon as may be after it is made or framed, before the state legislatures, where it consists of two houses, or where such legislature consists of one house, before that house160 (1) the provisions of this code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this code:effect of laws and agreements inconsistent with this code45 provided that where under any such award, agreement, contract of service or otherwise,a person is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this code, the person shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this code(2) nothing contained in this code shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this code5delegation of powers10161 the appropriate government may, by notification, direct that all or any of thepowers and functions which may be exercised or performed by that government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the central board, the corporation, the national social security board, the state unorganised workers board, building workers welfare board or any officer or authority subordinate to the central board, the corporation, the national social security board, the state unorganised workers board, building workers welfare boardpower to remove difficulties15162 (1) if any difficulty arises in giving effect to the provisions of this code, thecentral government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of this code, as may be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this code(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament20163 (1) the following enactments are hereby repealed, namely:—repeal and savings8 of 19231 the employees' compensation act, 1923;34 of 19482 the employees' state insurance act, 1948;19 of 19523 the employees' provident funds and miscellaneous provisions act, 1952;31 of 19594 the employment exchanges (compulsory notification of vacancies) act, 1959;53 of 19615 the maternity benefit act, 1961;2539 of 19726 the payment of gratuity act, 1972;33 of 19817 the cine-workers welfare fund act, 1981;28 of 19968 the building and other construction workers' welfare cess act, 1996;33 of 20089 the unorganised workers social security act, 200830(2) notwithstanding such repeal,—35 40(a) anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the states), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate government19 of 1952 34 of 19485(b) the central board and the executive committee constituted under the employees' provident funds and miscellaneous provisions act, 1952 so repealed and the corporation, standing committee and the medical benefit council constituted under employees' state insurance act, 1948 so repealed shall remain so constituted and discharge respectively the functions and exercise the powers of the central board, executive committee, corporation, standing committee and medical benefit committee under this code, till such central board, executive committee, corporation, standing committee and medical benefit committee are constituted in accordance with the provisions of this code10(c) any exemption given under any enactments so repealed shall continue to bein force till its validity expires or it is ceased to be in operation under the provisions of this code or any direction made thereunder for such purpose10 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 section 1(4)] applicability| | | | | | | chapter no | chapter heading | applicability ||-------------------------------------------------|-------------------------------------|---------------------------------------------|----|----------------------------------------------|----|---------------|-------------------|-----------------|| ( | 1 | ) | ( | 2 | ) | ( | 3 | ) || iii | employee's provident fund | every establishment in which twenty or more | | | | | | || employees are employed | | | | | | | | || iv | employee's state insurance | every establishment in which ten or more | | | | | | || corporation | employees are employed other than a | | | | | | | || seasonal factory: | | | | | | | | || provided that chapter iv shall also be | | | | | | | | || applicable to an establishment, which carries | | | | | | | | || on such hazardous or life threatening | | | | | | | | || occupation as notified by the central | | | | | | | | || government, in which even a single | | | | | | | | || employee is employed: | | | | | | | | || provided further that an employer of a | | | | | | | | || plantation, may opt the application of | | | | | | | | || chapter iv in respect of the plantation by | | | | | | | | || giving willingness to the corporation, where | | | | | | | | || the benefits available to the employees under | | | | | | | | || that chapter are better than what the | | | | | | | | || employer is providing to them | | | | | | | | || provided also that the contribution from the | | | | | | | | || employers | and | employees | of | an | | | | || establishment shall be payable under section 29 | | | | | | | | || on and from the date on which any benefits | | | | | | | | || under chapter iv relating to the employees | | | | | | | | || state insurance corporation are provided by | | | | | | | | || the corporation to the employees of the | | | | | | | | || establishment and such date shall be notified | | | | | | | | || by the central government | | | | | | | | || v | gratuity | ( | a | ) every factory, mine, oilfield, plantation, | | | | || port and railway company; and | | | | | | | | || ( | b | ) every shop or establishment in which ten | | | | | | || or more employees are employed, or were | | | | | | | | || employed, on any day of the preceding | | | | | | | | || twelve months; and such shops or | | | | | | | | || establishments as may be notified by the | | | | | | | | || appropriate government from time to time | | | | | | | | || vi | maternity benefit | ( | a | ) to every establishment being a factory, | | | | || mine or plantation including any such | | | | | | | | || establishment belonging to government; | | | | | | | | || and | | | | | | | | |(1)(2)(3)(b) to every shop or establishment in whichten or more employees are employed, or were employed, on any day of the preceding twelve months; and such other shops or establishments notified by the appropriate governmentviiemployee's compensationsubject to the provisions of the second schedule, it applies to the employers and employees to whom chapter iv does not applyviiisocial security and cess inevery establishment which falls under therespect of building andbuilding and other construction workother construction workersixsocial security forunorganised sector, unorganised workers,unorganised workersgig worker, platform workerxiiiemployment informationcareer centres, vacancies and employersand monitoring the second schedule [see section 2(26)] list of persons who are employees within the meaning of second proviso to clause (26) of section 2the following persons are employees within the meaning of second proviso to clause (26) of section 2 and subject to the said proviso, any person who is—(i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or(ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948(63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premisesexplanation—for the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or(iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or(v) employed, in any mine as defined in clause (j) of section 2 of the mines act,1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or(vi) employed as the master or as a seaman of—(a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or(b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of—(a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the ports act, 1908 (15 of 1908), or the major port trusts act, 1963 (38 of 1963) of goods which have been discharged from or are to be loaded into any vessel; or(b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or(e) the docking or undocking of any vessel during an emergency; or (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or(g) any work on jolly-boats for bringing a ship's line to the wharf; or(viii) employed in the construction, maintenance, repair or demolition of—(a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or(b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or(c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or(x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or(xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and subsection (1)of section 197 of the railways act, 1989 (24 of 1989), either directly or through a subcontractor, by a person fulfilling a contract with the railway administration; or(xiii) employed as an inspector, mail guard, sorter or van peon in the railway mail service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the indian posts and telegraphs department; or(xiv) employed, in connection with operation for winning natural petroleum or natural gas; or(xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or(xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or(xix) employed, in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or(xx) employed in a lighthouse as defined in clause (d) of section 2 of the indian lighthouse act, 1927 (17 of 1927); or(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or(xxii) employed in the training, keeping or working of elephants or wild animals;or(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or(xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,—(a) any warehouse or other place in which goods are stored, or (b) any market; or(xxvii) employed in any occupation involving the handling and manipulation of radium or x-rays apparatus, or contact with radioactive substances; or(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the indian aircraft act, 1934 (22 of 1934); or(xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or(xxx) employed, in the construction, working, repair or maintenance of a tube-well; or(xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or(xxxii) employed in a circus; (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or(xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or(xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or(xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or(xliv) employed in spraying and dusting or insecticides of pesticides in agricultural operations or plantations; or(xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 366 metres or more from the ground level; or(xlviii) employed in any newspaper establishment as defined in the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (45 of 1955) and engaged in outdoor work; or(xlix) employed as sales promotion employee; or (l) any other employee or class of employee employed in an establishment or class of establishment to which the employees' compensation act, 1923 (8 of 1923) was applicable in any state immediately before the commencement of this code the third schedule [see sections 36 and 74] list of occupational diseases| | | | | | | serial no | occupational disease | employment ||---------------------------------------|----------------------------------------------------------------------------|---------------------------------------------|----------------------------------|--------------------------------------------|----|--------------|------------------------|--------------|| ( | 1 | ) | ( | 2 | ) | ( | 3 | ) || part a | | | | | | | | || 1 | infectious and parasitic diseases | ( | a | ) all work involving exposure to health or | | | | || contracted in an occupation where | laboratory work; | | | | | | | || there is a particular risk of | | | | | | | | || contamination | ( | b | ) all work involving exposure to | | | | | || veterinary work; | | | | | | | | || ( | c | ) work relating to handling animals, animal | | | | | | || carcasses, part of such carcasses, or | | | | | | | | || merchandise which may have been | | | | | | | | || contaminated by animals or animal | | | | | | | | || carcasses; | | | | | | | | || ( | d | ) other work carrying a particular risk of | | | | | | || contamination | | | | | | | | || 2 | diseases caused by work in | all work involving exposure to the risk | | | | | | || compressed air | concerned | | | | | | | || 3 | diseases caused by lead or its | all work involving exposure to the risk | | | | | | || toxic compounds | concerned | | | | | | | || 4 | poisoning by nitrous fumes | all work involving exposure to the risk | | | | | | || concerned | | | | | | | | || 5 | poisoning by organo phosphorus | all work involving exposure to the risk | | | | | | || compounds | concerned | | | | | | | || part b | | | | | | | | || 1 | diseases caused by phosphorus | all work involving exposure to the risk | | | | | | || or its toxic compounds | concerned | | | | | | | || 2 | diseases caused by mercury or | all work involving exposure to the risk | | | | | | || its toxic compounds | concerned | | | | | | | || 3 | diseases caused by benzene or | all work involving exposure to the risk | | | | | | || its toxic homologues | concerned | | | | | | | || 4 | diseases caused by nitro and amido all work involving exposure to the risk | | | | | | | || toxic derivatives of benzene or its | concerned | | | | | | | || homologues | | | | | | | | || 5 | diseases caused by chromium or | all work involving exposure to the risk | | | | | | || its toxic compounds | concerned | | | | | | | || 6 | diseases caused by arsenic or its | all work involving exposure to the risk | | | | | | || toxic compounds | concerned | | | | | | | |(1)(2)(3)7diseases caused by radioactiveall work involving exposure to the actionsubstances and ionising radiations of radioactive substances or ionisingradiations8primary epitheliomatous cancer ofall work involving exposure to the riskthe skin caused by tar, pitch,concernedbitumen, mineral oil, anthracene, or the compounds, products or residues of these substances9diseases caused by the toxicall work involving exposure to the riskhalogen derivatives of hydroconcernedcarbons (of the aliphatic and aromatic series)10diseases caused by carbonall work involving exposure to the riskdisulphideconcerned11occupational cataract due to infra-all work involving exposure to the riskred radiationsconcerned12diseases caused by manganeseall work involving exposure to the riskor its toxic compoundsconcerned13skin diseases caused by physical,all work involving exposure to the riskchemical or biological agents notconcernedincluded in other items14hearing impairment caused byall work involving exposure to the risknoiseconcerned15poisoning by dinitrophenol or aall work involving exposure to the riskhomologue or by substitutedconcerneddinitrophenol or by the salts of such substances16diseases caused by beryllium orall work involving exposure to the riskits toxic compoundsconcerned17diseases caused by cadmium orall work involving exposure to the riskits toxic compoundsconcerned18occupational asthma caused byall work involving exposure to the riskrecognised sensitising agentsconcernedinherent to the work process19diseases caused by fluorine orall work involving exposure to the riskits toxic compoundsconcerned20diseases caused by nitroglycerinall work involving exposure to the riskor other nitroacid estersconcerned21diseases caused by alcoholsall work involving exposure to the riskand ketonesconcerned22diseases caused by asphyxiants,all work involving exposure to the riskcarbon monoxide, and its toxicconcernedderivatives, hydrogen sulphide23lung cancer and mesotheliomasall work involving exposure to the riskcaused by asbestosconcerned(1)(2)(3)24primary neoplasm of the epithelialall work involving exposure to the risklining of the urinary bladder or theconcernedkidney or the ureter25snow blindness in snow boundall work involving exposure to the riskareasconcerned26disease due to effect of heat inall work involving exposure to the riskextreme hot climateconcerned27disease due to effect of cold inall work involving exposure to the riskextreme cold climateconcerned part c| 1 | pneumoconioses caused by | all work involving exposure to the risk ||-------------------------------------|--------------------------------------|-------------------------------------------|| sclerogenic mineral dust | concerned | || (silicoses, anthraoosilicosis, | | || asbestosis) and silico-tuberculosis | | || provided that silicosis is an | | || essential factor in causing the | | || resultant incapacity or death | | || 2 | bagassosis | all work involving exposure to the risk || concerned | | || 3 | bronchopulmonary diseases | all work involving exposure to the risk || caused by cotton, flax hemp and | concerned | || sisal dust (byssionsis) | | || 4 | extrinsic allergic alveelitis caused | all work involving exposure to the risk || by the inhalation of organic dusts | concerned | || 5 | bronchopulmonary diseases | all work involving exposure to the risk || caused by hard metals | concerned | || 6 | acute pulmonary oedema of high | all work involving exposure to the risk || altitude | concerned | | the fourth schedule [see sections 2(52) and 2(53)] part i list of injuries deemed to result in permanent total disablement| serial | description of injury | percentage of loss ||-------------------------------------------------------------|-----------------------------------------------------------|----------------------|| no | of earning capacity | || ( | 1 | ) || 1 | loss of both hands or amputation at higher sites | 100 || 2 | loss of a hand and a foot | 100 || 3 | double amputation through leg or thigh, or amputation | 100 || through leg or thigh on one side and loss of other foot | | || 4 | loss of sight to such an extent as to render the claimant | 100 || unable to perform any work for which eye-sight is essential | | || 5 | very severe facial disfigurement | 100 || 6 | absolute deafness | 100 | part iilist of injuries deemed to result in permanentpartial disablement1amputation through shoulder joint902amputation below shoulder with stump less than [2032 cms]80from tip of acromion3amputation form [2032 cms] from tip of acromion to70less than [1143 cms] below tip of olecranon4loss of a hand or of the thumb and four fingers of one hand60or amputation from [1143 cms] below tip of olecranon5loss of thumb306loss of thumb and its metacarpal bone407loss of four fingers of one hand508loss of three fingers of one hand309loss of two fingers of one hand2010loss of terminal phalanx of thumb2011guillotine amputation of tip of thumb without loss of bone10amputation cases—lower limbs12amputation of both feet resulting in end bearing stumps9013amputation through both feet proximal to the80metatarso phalangeal joint14loss of all toes of both feet through the metatarso-40phalangeal joint(1)(2)(3)15loss of all toes of both feet proximal to the proximal30inter-phalangeal joint16loss of all toes of both feet distal to the proximal inter-20phalangeal joint17amputation at hip9018amputation below hip with stump not exceeding [1270 cms]80in length measured from tip of great trenchanter19amputation below hip with stump exceeding [1270 cms]70in length measured from tip of great trenchanter but not beyond middle thigh20amputation below middle thigh to [889 cms] below knee6021amputation below knee with stump exceeding [889 cms]50but not exceeding [1270 cms]22amputation below knee with stump exceeding [1270 cms]5023amputation of one foot resulting in end bearing5024amputation through one foot proximal to the50metatarso-phalangeal joint25loss of all toes of one foot through the metatarso-phalangeal20jointother injuries26loss of one eye, without complications, the other being normal4027loss of vision of one eye, without complications or30disfigurement of eye-ball, the other being normal28loss of partial vision of one eye10loss of—a—fingers of right or left handindex finger 29whole1430two phalanges1131one phalanx0932guillotine amputation of tip without loss of bone05middle finger33whole1234two phalanges935one phalanx736guillotine amputation of tip without loss of bone4ring or little finger37whole738two phalanges6(1)(2)(3)39one phalanx540guillotine amputation of tip without loss of bone2b-toes of right or left footgreat toe41through metatarso-phalangeal joint1442part, with some loss of bone3any other toe43through metatarso-phalangeal joint344part, with some loss of bone1two toes of one foot, excluding great toe45through metatarso-phalangeal joint546part, with some loss of bone2three toes of one foot, excluding great toe47through metatarso-phalangeal joint648part, with some loss of bone3four toes of one foot, excluding great toe49through metatarso-phalangeal joint950part-with some loss of bone3 the fifth schedule [see section 15] matters that may be provided for in the schemesany scheme framed under section 15 may provide for any of the following matters:— part-a| | | | | serial no | matters on which the provident fund scheme may make provisions ||------------------------------------------------------------------------|----------------------------------------------------------------------|----|----|--------------|------------------------------------------------------------------|| ( | 1 | ) | ( | 2 | ) || 1 | the employees or class of employees who shall join the fund, and the | | | | || conditions under which employees may be exempted from joining the fund | | | | | || or from making any contribution | | | | | |2the time and manner in which contributions shall be made to the fund byemployers and by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered3the manner in which employees' contributions may be recovered bycontractors from employees employed by or through such contractors4the payment by the employer of such sums of money as may be necessary tomeet the cost of administering the fund and the rate at which and the manner in which the payment shall be made5the constitution of any committee for assisting any board of trustees6the opening of regional and other offices of any board of trustees7the manner in which accounts shall be kept, the investment of moneysbelonging to the fund in accordance with any directions issued or conditions specified by the central government, the preparation of the budget, the audit of accounts and the submission of reports to the central government, or to any specified state government8the conditions under which withdrawals from the fund may be permittedand any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture| 9 | the fixation by the central government in consultation with the boards of ||-------------------------------------------------------------------------------|-------------------------------------------------------------------------------|| trustees concerned of the rate of interest payable to members | || 10 | the form in which an employee shall furnish particulars about himself and his || family whenever required | || 11 | the nomination of a person to receive the amount standing to the credit of a || member after his death and the cancellation or variation of such nomination | || 12 | the registers and records to be maintained with respect to employees and the || returns to be furnished by employers or contractors | || 13 | the form or design of any identity card, token or disc for the purpose of || identifying any employee, and for the issue, custody and replacement thereof | || ( | 1 ||-----|---------------------------------------------------------------------------|| 14 | the fees to be levied for any of the purposes specified in this schedule |15the contraventions or defaults which shall be punishable under section 13516the further powers, if any, which may be exercised by inspector-cum-facilitators17the manner in which accumulations in any existing provident fund shall betransferred to the fund and the mode of valuation of any assets which may be transferred by the employers in this behalf18the conditions under which a member may be permitted to pay premia on lifeinsurance, from the fund19any other matter which is to be provided for in the scheme or which may benecessary or proper for the purpose of implementing the scheme part-b matters that may be provided for in the pension scheme1the employees or class of employees to whom the pension scheme shallapply2the portion of employers' contribution to the provident fund which shall becredited to the pension fund and the manner in which it is credited3the regulation of the manner in which and the period of service for which, nocontribution is received4the manner in which employees' interest will be protected against default inpayment of contribution by the employer5the manner in which the accounts of the pension fund shall be kept andinvestment of moneys belonging to pension fund to be made subject to such pattern of investment as may be determined by the central government6the form in which an employee shall furnish particulars about himself and themembers of his family whenever required7the forms, registers and records to be maintained in respect of employees,required for the administration of the pension scheme8the scale of pension and pensionary benefits and the conditions relating togrant of such benefits to the employees9the manner in which the exempted establishments have to pay contributiontowards the pension scheme and the submission of returns relating thereto10the mode of disbursement of pension and arrangements to be entered intowith such disbursing agencies as may be specified for the purpose11the manner in which the expenses for administering the pension scheme willbe met from the income of the pension fund12any other matter which is to be provided for in the pension scheme or whichmay be necessary or proper for the purpose of implementation of the pension scheme part-c matters that may be provided for in the employees' deposit-linked insurance scheme1the employees or class of employees who shall be covered by the insurancescheme(1)(2)2the manner in which the accounts of the insurance fund shall be kept andthe investment of moneys belonging to the insurance fund subject to such pattern of investment as may be determined, by order, by the central government3the form in which an employee shall furnish particulars about himself and themembers of his family whenever required4the nomination of a person to receive the insurance amount due to theemployee after his death and the cancellation or variation of such nomination5the registers and records to be maintained in respect of employees; the formor design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount6the scales of insurance benefits and conditions relating to the grant of suchbenefits to the employees7the manner in which the amount due to the nominee or the member of thefamily of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970)8any other matter which is to be provided for in the employees' depositlinked insurance scheme or which may be necessary or proper for the purpose of implementing that scheme the sixth schedule [see section 76(b)]factors for working out lump sum equivalent of compensationamount in case of permanent disablement and deathcompleted years of age on the last birthday of thefactorsemployee immediately preceding the date on which the compensation fell due(1)(2)(3)not more than162285417227491822638192252220224002122271222213723219952421847252169126215282721357282117929209923020798312059532203853320166341994035197063619464371921438189563918690401841741181374217849(1)(2)(3)431755444172524516944461662947163074815980491564750153095114967521462053142685413913551355656131955712833581247059121056011741611137762110146310652641029365 or more9937 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 employees' representatives, it had been decided to bring the proposed legislation the proposed legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following nine central labour enactments relating to social security, namely:––1 the employees' compensation act, 1923; 2 the employees' state insurance act, 1948; 3 the employees' provident funds and miscellaneous provisions act, 1952; 4 the employment exchanges (compulsory notification of vacancies) act, 1959; 5 the maternity benefit act, 1961; 6 the payment of gratuity act, 1972; 7 the cine workers welfare fund act, 1981; 8 the building and other construction workers welfare cess act, 1996; and 9 the unorganised workers' social security act, 20083 the amalgamation of the said laws will facilitate the implementation and remove the multiplicity of definitions and authorities without compromising the basic concepts of welfare and benefits to workers the proposed legislation, namely, the code on social security, 2019 would facilitate the use of technology ensuring transparency and accountability leading to effective enforcement of the provisions of the proposed legislation widening the scope of the benefits to the fixed term employees and facilitating ease of compliance of labour laws would be a big step towards equity and promote setting up of more enterprises thus catalysing the creation of employment opportunities4 the salient features of the code on social security, 2019, inter alia, are—(i) to extend the coverage of employees' state insurance to all establishments employing ten or more employees and to the employees working in establishments with less than ten employees on voluntary basis and also to plantations on option basis it further seeks to empower the central government to notify the applicability of the said coverage to establishments which carries on the hazardous or life threatening occupation irrespective of the number of workers employed therein;(ii) to extend the employees' provident fund, employees' pension scheme and employees deposit linked insurance scheme to all industries or establishments employing twenty or more employees and thereby expands the existing coverage;(iii) to make provision for specifying differential rates of employees' contribution for class of employees for employees' provident fund as the central government may notify for a specified period;(iv) to provide that the money dues shall be the charge on the assets of the employer and shall be paid on priority basis in accordance with the insolvency and bankruptcy code, 2016;(v) to provide that in case of employer's failure to register the employee with employees' state insurance corporation or failure to pay contribution and the employees' state insurance corporation releasing the benefits to the workers, then, such benefits shall be recovered from the employer;(vi) to empower the central government to frame schemes for providing social security, to the gig workers and platform workers who do not fall under traditional employer-employee relation;(vii) to empower the central government, by notification, to constitute a social security fund or funds for provision of social security for the unorganised workers, platform workers or gig workers or any such class of workers;(viii) to provide for payment of gratuity in case of fixed term employment on pro-rata basis even if the period of fixed term contract is less than five years;(ix) to provide for maternity benefit to the woman employee; (x) to provide for compensation to the employees in case of the accidents while commuting from residence to place of work and vice versa;(xi) to provide for levying and collecting the cess for the purposes of social security and welfare of building workers;(xii) to provide for limitation period of five years for institution of proceedings in respect of assessment and determination of money dues from employer;(xiii) to expand the sources of the fund for schemes to include funds from corporate social responsibility or any other source as may be specified in the scheme and also contains enabling provision for constituting the special purpose vehicle for the purpose of implementation of schemes for unorganised workers;(xiv) to provide for renaming the designation of inspector as inspector-cum-facilitator and to enhance his power to supply information and give advice to employers and workers concerning the most effective means of complying with the provisions of the proposed code;(xv) to provide for filing of a single return electronically or otherwise by the employer;(xvi) to provide that the interests charged on delayed payments under the provisions of the proposed code be specified in the rules;(xvii) to provide penalty for the different types of violations commensurate with the gravity of the violations;(xviii) to make aadhaar mandatory for seeding at the time of registration of member or beneficiary or any other person to register or for receiving benefit;(xix) to empower the appropriate government to exempt certain establishments from all or any of the provisions of the proposed code5 the notes on clauses explain in detail the various provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;santosh gangwarthe 6th december, 2019 notes on clausesclause 1 of the bill seeks to provide for short title, extent, commencement and application of the proposed codeclause 2 of the bill seeks to define certain expressions used in the code, which inter alia, includes "appropriate government", "building worker", "employment injury", "factory", "permanent partial disablement", "permanent total disablement', "tribunal", etcclause 3 of the bill seeks to provide for registration of establishment to which the proposed code applies in the manner provided in the rulesclause 4 of the bill seeks to provide for the manner of constitution and composition of the central board of trustees for the purposes of chapter iii and the provisions of this proposed code relating to that chapterclause 5 of the bill seeks to provide for the manner of constitution and the composition of the employees state insurance corporation for the purposes of chapter iv and the provisions of this proposed code relating to that chapterclause 6 of the bill seeks to provide for the manner of constitution, composition and functions of the national social security board for unorganised workers and also for the constitution of state unorganised workers boardclause 7 of the bill seeks to provide for the manner of constitution, composition and function of the state building and other construction workers' welfare boardclause 8 of the bill seeks to provide the conditions which leads to disqualification and removal of a member of any social security organisationclause 9 of the bill seeks to provide for the procedure of social security organisation relating to their meetings, functions and allowancesclause 10 of the bill seeks to provide that the central provident fund commissioner and the director general shall not undertake any work unconnected with their office without prior approval of the central governmentclause 11 of the bill seeks to provide for the supersession of the corporation, the central board of trustees, the unorganised workers' national social security board or the state unorganized workers social security board by the central or state government as the case may beclause 12 of the bill seeks to provide for the constitution of state board, regional board, local committees, etcclause 13 of the bill seeks to provide for entrustment of additional functions by the central government to social security organisationsclause 14 of the bill seeks to provide for appointment of officers of the central board by the central governmentclause 15 of the bill seeks to provide for framing of schemes, such as the employees'provident fund scheme, employees' pension scheme, and employees' deposit linked insurance schemeclause 16 of the bill seeks to provide for establishment of the funds by the central government with respect to schemesclause 17 of the bill seeks to provide regarding contribution in respect of employees and contractorsclause 18 of the bill seeks to provide for fund to be recognised under the income tax act, 1961clause 19 of the bill seeks to provide priority of payment of contributions over other debtsclause 20 of the bill seeks to provide non-applicability chapter iii to certain establishments clause 21 of the bill seeks to provide authorization to certain employers to maintain provident fund accountsclause 22 of the bill seeks to provide transfer of accounts where the employee relinquishes his employment and obtains employment in any other establishmentclause 23 of the bill seeks to provide for appeal to tribunal for matters specified thereinclause 24 of the bill seeks to provide appointment of principal officers and other staff of the corporationclause 25 of the bill seeks to provide for payment of all contributions and other moneys received in the employees' state insurance fund and its administration thereofclause 26 of the bill seeks to provide the purposes for which the employees' state insurance fund may be expended for the purposes specified thereinclause 27 of the bill seeks to provide for acquiring and holding of property, sale or otherwise transfer of property both movable and immovable by the corporationclause 28 of the bill seeks to provide for insurance of all employees in the establishments where provisions of this proposed code shall applyclause 29 of the bill seeks to provide for contribution payable by the employer and the employee to be paid to the corporationclause 30 of the bill seeks to provide administrative expenses and percentage of income of corporation which may be spent for such expensesclause 31 of the bill seeks to provide for payment of contribution by employers and recovery of contribution from the contractor, if paid by him and shall bear the expenses of remitting the contributions to the corporation clause 32 of the bill seeks to provide for benefits mentioned specified in this clause to the insured persons, their dependents etc which includes periodical payments to any insured person in case of his sickness, periodical payments to an insured person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified by regulationsclause 33 of the bill seeks to provide power of corporation to promote measures for improvement of the health and welfare of insured persons and for the rehabilitation and reemployment of insured personsclause 34 of the bill seeks to provide presumption as to accident arising in course of employmentan accident happening to an employee in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperiled, or to avert or minimise serious damage to property an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is establishedclause 35 of the bill seeks to provide happening of accidents while acting in breach of law, etcan accident shall be deemed to arise out of and in the course of an employee's employment if the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be or the act is done for the purpose of and in connection with the employer's trade or businessclause 36 of the bill seeks to provide a list of ooccupational disease specified in the third schedule of the proposed code the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury" arising out of and in the course of employmentclause 37 of the bill seeks to provide references to medical board to insured persons related to permanent disablement, lose of earning capacity etc as mentioned thereinthe case of any insured person for permanent disablement benefit shall be referred by the corporation to a medical board for determination of the disablementany decision of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or mis representation by the employee or any other person of a material fact if the insured person or the corporation is aggrieved by any decision of the medical board, the insured person or the corporation, as the case may be, may appeal to the medical appeal tribunal in the manner specified in the regulations or directly to the employees' insurance courtsclause 38 of the bill seeks to provide dependents' benefit if an insured person dies as a result of an employment injury sustained as an employee (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury) dependants' benefit shall be payable to his dependents at such rates and for such periods and subject to such conditions as may be prescribed by the central governmentclause 39 of the bill seeks to provide medical benefitan insured person or (where such medical benefit is extended to his family) a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefitan insured person who has attained the age of superannuation, a person who retires under a voluntary retirement scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be specified in the regulations the corporation may establish medical colleges, dental colleges, nursing colleges and training institutes for its officers and staff with a view to improve the quality of services provided under the employees' state insurance schemeclause 40 of the bill seeks to provide for medical treatment by state government or by the corporationthe state government shall provide for insured persons and (where such benefit is extended to their families) their families in the state, reasonable medical, surgical and obstetric treatment the corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof clause 41 of the bill seeks to providegeneral provisions of the benefitsa person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereofclause 42 of the bill seeks to provide the rights of corporation, when an employer fails to register or neglects to insure an employee or neglects to pay any contribution,the corporation may, on being satisfied in the manner prescribed by the central government that the benefit is payable to the employee, pay to the employee benefit at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the capitalized value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the central governmentclause 43 of the bill seeks to provide liability of owner or occupier of factories, etc, for excessive sickness benefitwhere the corporation considers that the incidence of sickness among insured persons is excessive by reasons of insanitary working conditions in a factory or other establishment, insanitary conditions of any tenements or lodgings occupied by insured personsthen, the corporation may send to the owner or occupier of the factory or other establishment ,as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the corporation as sickness benefitclause 44 of the bill seeks to provide for schemes for other beneficiaries the central government may, in consultation with the corporation, and by notification, frame scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is under utilised on payment of user chargesother beneficiaries "mean persons other than employees insuredclause 45 of the bill seeks to provide for schemes for un organised workers, gig workers and platform workers the central government may, in consultation with the corporation, and by notification, frame scheme for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under chapter-iv by the corporationclause 46 of the bill seeks to provide for exemption of factories or other establishments belonging to government or any local authoritythe appropriate government may, after consultation with the corporation, by notification and subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to any local authority, from the operation of chapter iv, if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under chapter-ivclause 47 of the bill seeks to provide for contributions, etc, due to corporation to have priority over other debts any amount due under chapter-iv relating to employees state insurance shall be the first charge on the assets of the establishment to which it relates and shall be paid in priority to all other debtsclause 48 of the bill seeks to provide for constitution of employees' insurance court by state government by notificationclause 49 of the bill seeks to provide for the matters specified in therein, to be decided by employees' insurance courtclause 50 of the bill seeks to provide for the powers of employees' insurance court which shall have all the powers of a civil court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence an order of the employees' insurance court shall be enforceable as if it were a decree passed in a suit by a civil courtclause 51 of the bill seeks to provide for the proceedings of employees' insurance courts, manner of commencement of proceedings before that court but, and the time limit of filing, fees and procedure thereof shall be such as may be provided by rules by the state governmentclause 52 of the bill seeks to provide for appeals from orders of employees' insurance courts no appeal shall lie from an order of an employees' insurance court but, an appeal shall lie to the high court from an order of an employees' insurance court, if it involves a substantial question of lawclause 53 of the bill seeks to provide for eligibility for payment of gratuity gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, on his superannuation; or on his retirement or resignation; or on his death or disablement due to accident or disease; or on termination of his contract period under fixed term employment; or on happening any such event as may be notified by the central governmentthe completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the central governmentclause 54 of the bill seeks to define continuous service for the purpose of payment of gratuity an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this proposed codeclause 55 of the bill seeks to provide manner of nomination each employee, who has completed one year of service, shall make, a nomination within such time, in such form and in such manner, as may be provided by rules by the appropriate government a nomination may be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be provided by rule by the appropriate government, of his intention to do soclause 56 of the bill seeks to provide for determination and payment of amount of gratuity as soon as gratuity becomes payable, the employer shall determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determinedthe employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payableclause 57 of the bill seeks to provide for compulsory insurancewith effect from such date as may be notified by the appropriate government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, shall obtain an insurance in the manner provided by rules by the central government, for his liability for payment towards the gratuity, from any insurance company regulated by the authority as defined under clause (b) of the insurance regulatory and development authority of india act, 1999clause 58 of the bill seeks to provide for the appointment of competent authority the appropriate government may, by notification, appoint any person having such qualifications and experience as may be provided by rules, by the central government to be a competent authority for implementation of any provision of chapter-v for such area as may be specified in the notificationclause 59 of the bill seeks to provide for prohibition of employment of, or work by, women during certain periodno employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancyclause 60 of the bill seeks to provide for right to payment of maternity benefit every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day,if she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected date of her deliverythe maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeksclause 61 of the bill seeks to provide for continuance of payment of maternity benefit in certain cases this clause entitles every woman eligible to the payment of maternity benefit under chapter-vi relating to maternity benefit continue to be so entitled until she becomes qualified to claim maternity benefit under the provision of the proposed code relating to employees state insurance irrespective of the fact that she is employed to the factory or other establishment to which the provisions relating to employees state insurance appliesclause 62 of the bill seeks to provide for notice of claim for maternity benefit and payment thereof any woman employed in an establishment and entitled to maternity benefit under the provisions of chapter-vi relating to maternity benefit may give notice in writing in such form as may be provided by rules by central government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled, paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit the failure to give notice under this clause shall not disentitle a woman to maternity benefit or any other amount under the said chapter if she is otherwise entitled to such benefit or amountclause 63 of the bill seeks to provide for payment of maternity benefit in case of death of a woman before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given and in case there is no such nominee, to her legal representativeclause 64 of the bill seeks to provide for payment of medical bonus of three thousand five hundred rupees or such amount as may be notified by central government from her employer, if no pre-natal confinement and post-natal care is provided for by the employer free of chargeclause 65 of the bill seeks to provide for leave for miscarriage, medical termination of pregnancy, tubectomy operation, suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy on production of such proof as may be prescribed by rules by the central governmentclause 66 of the bill seeks to provide for nursing breaks every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work, two breaks of such duration as may be prescribed by rules by the central government, for nursing the child until the child attains the age of fifteen monthsclause 67 of the bill seeks to provide for creche facility in every establishment where fifty employees or such number of employees as may be prescribed by central government, are employedthe employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her the employer shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under chapter-vi relating to maternity benefitclause 68 of the bill seeks to provide for dismissal for absence during pregnancywhen a woman absents herself from work in accordance with the provisions of chapter-vi, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her serviceclause 69 of the bill seeks to provide for no deduction of wages in certain cases no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of chapter-vi relating to maternity benefit shall be made by reason only of the nature of work assigned to her or breaks for nursing the child allowed to her under the relevant provisionsclause 70 of the bill seeks to provide for forfeiture of maternity benefit to a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefitclause 71 of the bill seeks to provide for duties of employer an abstract of the provisions of chapter-vi and the rules relating thereto in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employedclause 72 of the bill seeks to provide for power of inspector-cum-facilitator to direct payments to be made to a women, maternity benefit or any other amount to which she is entitled under chapter-vi relating to maternity benefit and any person claiming that payment due under the said chapter has been improperly withheld or her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of the said chapter the inspector-cum-facilitator may, on receipt of a complaint, make an inquiry or cause an inquiry and pass such orders as he deems just and proper according to the circumstances of the caseclause 73 of the bill seeks to provide for reports of fatal accidents and serious bodily injuries to competent authority a notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death or serious bodily injury, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injuryclause 74 of the bill seeks to provide for employer's liability for compensation if personal injury is caused to an employee by accident or an occupational disease listed in the third schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of chapter viiclause 75 of the bill seeks to provide for compensation in case of death of or injury in plantation if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensationclause 76 of the bill seeks to provide for the manner of calculation of amount of compensation to be paid in case of death, permanent total disablement, permanent partial disablement or temporary disablement resulting from the injury the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer if the injury of the employee results in his death, the employer shall, in addition to the compensation deposit with the competent authority a sum of not less than fifteen thousand rupees for payment of the same to the eldest surviving dependent of the employee towards the expenditure of the funeral of such employeeclause 77 of the bill seeks to provide for compensation to be paid when due and damages for default as soon as it falls due in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts where any employer is in default in paying the compensation within one month from the date it fell due, the competent authority shall direct that the employer in addition to the amount of the arrears, pay interest at rates specified in the rules if there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damagesclause 78 of the bill seeks to provide for method of calculating monthly wages for purposes of compensation for the purposes of calculation of compensation, the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates) clause 79 of the bill seeks to provide for review of half-monthly payment payable under chapter-vii relating to employee compensation any half-monthly payment payable under this chapter, either under an agreement between the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitionerclause 80 of the bill seeks to provide for commutation of half-monthly payments on the application of either party to the competent authority half-monthly payments may be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authorityclause 81 of the bill seeks to provide for distribution of compensation in respect of an employee whose injury has resulted in death no payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensationthe employer may make to any dependent advances on account of compensation of an amount equal to three months' wages of such employee on the deposit of any money as compensation in respect of a deceased employee, the competent authority shall cause notice to be published or to be served on each dependent, calling upon the dependents to appear before him on such date as he may fix for determining the distribution of the compensationclause 82 of the bill seeks to provide for notice of the accident and claim no claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time ,if he is satisfied that the failure so to give the notice or prefer the claim, was due to sufficient causeclause 83 of the bill seeks to provide for special provisions relating to accidents occurring outside indian territory in the case of employees who are masters of ships or seamen or captain and other members of crew of aircraft, persons recruited by companies registered in india and working as such abroad, persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employeesclause 84 of the bill seeks to provide for free medical examination an employee who has given notice of an accident, he, shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly payment under chapter-vii shall, if so required, submit himself for such examination from time to timeclause 85 of the bill seeks to provide for compensation in case of contracting the workwhere any employer in the course of or for the purposes of his trade or business contracts with contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by himwhere the employer is liable to pay compensation, he shall be entitled to be indemnified by the contractorclause 86 of the bill seeks to provide for remedies of employer against strangerwhere an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid, the person by whom the compensation was paid shall be entitled to be indemnified by the person so liable to pay damagesclause 87 of the bill seeks to provide for liability in case of insolvency of employerwhere any employer has entered into a contract with any insurers in respect of any liability under chapter-vii relating to compensation to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employerclause 88 of the bill seeks to provide for power to require statements regarding fatal accidents from employers where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send a notice to the employee's employer requiring him to submit, within thirty days, a statement, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority to the dependents of such employee ascertained by the competent authority where in the opinion of the competent authority, a dependent of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependentclause 89 of the bill seeks to provide for registration of agreements where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register an agreement for the payment of compensation which has been registered shall be enforceable under the proposed codeclause 90 of the bill seeks to provide for reference to competent authority if any question arises in any proceedings as to the liability of any person to pay compensation or as to whether a person injured is or is not an employee or as to the amount or duration of compensation or as to the nature or extent of disablement, the question shall be settled by a competent authority no civil court shall have jurisdiction to settle, decide or deal with any question which is required to be settled, decided or dealt with by a competent authorityclause 91 of the bill seeks to provide for qualification and appointment of competent authority the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by the central government to be a competent authority for employee's compensationclause 92 of the bill seeks to provide for venue of proceedings and transfer where any matter related with compensation to be done by or before a competent authority, the same shall be done by or before the competent authority for the area in which, the accident took place which resulted in the injury or the employee or in case of his death, the dependant claiming the compensation ordinarily resides or the employer has his registered office if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, order such matter to be transferred to such other competent authorityclause 93 of the bill seeks to provide for form of application for claim of compensationan application to a competent authority for claim under or settlement may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by rules by the central governmentclause 94 of the bill seeks to provide for power of competent authority to require further deposit in cases of fatal accident, from the employer as compensation payable , if in the opinion of the competent authority that such sum is insufficient, the competent authority may, by notice in writing state his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticeclause 95 of the bill seeks to provide for powers and procedure of competent authoritythe competent authority shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objectsclause 96 of the bill seeks to provide for appearance of parties before the competent authority any appearance, application or act required to be made or done by any person before or to a competent authority may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector-cum-facilitator or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorisedclause 97 of the bill seeks to provide for method of recording evidence before the competent authority the competent authority shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authorityclause 98 of the bill seeks to provide for power to submit cases a competent authority may, if he thinks fit, submit any question of law for the decision of the high court and, if he does so, shall decide the question in conformity with such decisionclause 99 of the bill seeks to provide for appeal an appeal shall lie to the high court from the orders of a competent authority on the matters specified in this clause no appeal by an employer shall lie unless the memorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against the period of limitation for an appeal shall be sixty daysclause 100 of the bill seeks to provide for levy and collection of cess in respect of building and other construction workers there shall be levied and collected a cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employerclause 101 of the bill seeks to provide for interest payable on delay in payment of cess on building or other construction work if any employer fails to pay any amount of cess payable within specified time, such employer shall be liable to pay interest as may be specified in the rules for the period from the date on which such payment is due till such amount is actually paidclause 102 of the bill seeks to provide for the power to exempt from cess on building or other construction work the central government may, by notification, exempt any employer or class of employers in a state from the payment of cess payable, where such cess is already levied and payable under any corresponding law in force in that stateclause 103 of the bill seeks to provide for self-assessment of cess by the employeremployer shall after completion of his each building and other construction work, pay such cess by adjusting the advance cess already paid on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and after such payment of cess, he shall file a returnclause 104 of the bill seeks to providepenalty for non-payment of cess within the specified time if any amount of cess payable by any employer is not paid within the date specified in the order of assessment, it shall be deemed to be in arrears and the authority prescribed by the central government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cessclause 105 of the bill seeks to provide for appeal by the employer any employer aggrieved by an order of assessment or by an order imposing penalty may, within such time as may be provided in the rules by the central government, appeal to such appellate authority in such form and in such manner as may be provided in the rules by the central government every order passed in appeal under this section shall be final and shall not be called in question in any court of lawclause 106 of the bill seeks to provide for registration of building workers as beneficiaries every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the board as a beneficiary under chapter-viii relating to building and other construction in such manner as may be provided in the rules by the central governmentclause 107 of the bill seeks to provide for cessation as a beneficiarya building worker who has been registered as a beneficiary shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a yearclause 108 of the bill seeks to provide for building and other construction workers'welfare fund and its application the fund shall be constituted by the board to be called the building and other construction workers' welfare fund it shall be credited with the amount of any cess levied, any grants and loans made to the board by the central government or any sum received by the board the fund shall be applied for meeting expenses of the national social security board in discharge of its functions, salaries, allowances and other remuneration of the members, officers and other employees for the board not exceeding five percent of total expense and on objects and for purposes authorised by the proposed codeclause 109 of the bill seeks to provide for framing of schemes and constitution of social security fund for unorganised workers gig workers' platform workers, etc the central government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers (including audio visual workers, beedi workers, non-coal workers) on matters relating to life and disability cover, health and maternity benefits, old age protection, education, housing, etcthe state government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to provident fund, employment injury benefit, housing, educational schemes for children, skill up gradation of workers, funeral assistance and old age homesa special purpose vehicle may also be constituted by the central government for the purpose of implementation of such schemeclause 110 of the bill seeks to provide for funding of schemes notified by the state government any scheme notified by the state government may be wholly funded by the state government, partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers, funded from any source including corporate social responsibility fund the central government may provide such financial assistance to the state governments for the purpose of schemes for such period and on such terms and conditions as it may deem fitclause 111 of the bill seeks to provide for keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintainedclause 112 of the bill seeks to provide for setting-up of workers facilitation centresthe central government or the state government may set-up workers facilitation centres to perform the functions such as disseminate information on available social security schemes, facilitate filling, processing and forwarding of application forms for registration of unorganised worker and facilitate the enrolment of the registered unorganised workers in social security schemesclause 113 of the bill seeks to provide for registration of unorganised worker for social security every unorganised worker shall be eligible for registration if he has completed sixteen years of age or such age and he has submitted a self-declaration electronically or otherwise in such form, in such manner and to such authority containing such information as may be required a registered unorganised worker shall be eligible to avail the benefit of a scheme on making such contribution, if anyclause 114 of the bill seeks to provide for framing of scheme for gig workers and platform workers the central government shall formulate and notify, from time to time, suitable welfare schemes for gig workers and platform workers on the matter relating to life and disability cover, health and maternity benefits, old age protection, etcclause 115 of the bill seeks to provide for maintenance of proper accounts of income and expenditure of each of the social security organisations in a manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specifyclause 116 of the bill seeks to provide for audit the accounts of each of the social security organisations shall be audited annually by the comptroller and auditor-general of indiaclause 117 of the bill seeks to provide for budget estimates of the social security organisations each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before the date as may be fixed by it in that behalfclause 118 of the bill seeks to provide for the annual report each of the social security organisations shall submit to the appropriate government an annual report of its work and activities along with the budget finally adopted by it a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor- general of india and the comments of the respective social security organisation thereon shall be laid before each house of parliament or the state legislature, as the case may be by the appropriate governmentclause 119 of the bill seeks to provide for valuation of assets and liabilities each of the fund maintained by a social security organisation or by an establishment under the proposed code shall have a valuation of its assets and liabilities made by a valuer or actuaryclause 120 of the bill seeks to provide for holding of property, etc by the social security organisation, subject to such conditions as may be prescribed by the appropriate government, acquire and hold property, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it,invest any moneys vested in it,raise loans and take measures for discharging such loans and do all things necessary for such purposes and for the purposes for which the said social security organisation is establishedclause 121 of the bill seeks to provide for writing off of losseswhere any of the social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under the proposed code, is irrecoverable, the concerned social security organisation may sanction the writing off of the said amount in such manner as provided in the rules by the appropriate governmentclause 122 of the bill seeks to provide for appointment of inspector-cum-facilitators, their powers and design of inspection scheme the central government for the purposes of chapter iii ie employee provident fund and chapter iv ie employees state insurance corporation and the provisions in the proposed code relating to those chapters, and the appropriate government for the purposes of other provisions of the proposed code, may, by notification, appoint inspector-cum-facilitatorsthe inspector-cum-facilitator may give advice to employers and employees relating to compliance with the provisions of the proposed code, inspect the establishments as assigned to him subject to the instructions or guidelines issued by the appropriate government from time to timeclause 123 of the bill seeks to provide for maintenance of records, registers, returns,display notices at the work places,issue wage slips, etc by the employeran employer of an establishment shall maintain records and registers in the form electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as provided in the rules by the appropriate governmentclause 124 of the bill seeks to provide that the employer shall not reduce the wages of the employees with the reason only to meet his liability for the payment of any contribution under the proposed code, or any charges thereunderclause 125 of the bill seeks to provide for assessment and determination of money dues from employer the central government may, by notification, authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group 'a' officer of that government, to function as the authorised officers for the purposes of determine the amount due from any employer,conduct such inquiry and decide the dispute regarding the applicability of chapters relating to employee provident fund or employees state insurance corporationclause 126 of the bill seeks to provide for the review of orders passed by the authorised officer any person considering himself aggrieved by orders passed by the authorised officer, but from which no appeal has been preferred, may apply for a review of that order to the authorised officer who made the order if the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was made the authorised officer may also on his own motion, review his order if he is satisfied that it is necessary so to do in the interest of justiceclause 127 of the bill seeks to provide for appeal against the order of the authorised officerif an employer is not satisfied with the order made by authorised officer, he may prefer an appeal to an appellate authority as may be provided in the rules by the central government, within sixty days of the date of such order only after depositing twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the concerned social security organisationclause 128 of the bill seeks to provide for determination of escaped amountsuch determination shall be made where the authorised officer has reason to believe that by reason of the omission of failure on the part of the employer to make any document or report available or to disclose fully and truly or material facts necessary for determining the correct amount due from the employer any amount so due from such employer for any period has escaped his notice and in case of other escape as specified in detail in the clauseclause 129 of the bill seeks to provide for interest on amount duethe employer shall be liable to pay simple interest at such rate as may be specified in the rules from the date on which any amount has become due under the proposed code till the date of its actual paymentclause 130 of the bill seeks to provide for power to recover damageswhere an employer makes default in the payment of any contribution which he is liable to pay in accordance with the provisions of the proposed code, the central provident fund commissioner of the central board or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears after giving an opportunity to employer of being heardclause 131 of the bill seeks to provide for recovery of amount due any amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the specified mannerthe authorised officer, or the competent authority, as the case may be, shall issue, to the recovery officer, a certificate under his signature specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishmentclause 132 of the bill seeks to provide for the validity of certificate and its amendmentwhen the authorised officer or the competent authority issues a certificate to a recovery officer, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officerclause 133 of the bill seeks to provide for other modes of recovery such mode includes the power of the central provident fund commissioner or the director general of the corporation or any other officer of the social security organisation to require a person to whom the person who is in arrears of the employer to deduct from amount of arrears due, and such person shall comply with any such requisition and to pay the sum so deducted to the credit of central provident fund commissioner or the director general of the corporation, as the case may be, or any other person who is authorised in this behalfclause 134 of the bill seeks to provide for application of certain provisions of incometax act, 1961 the provisions of the second and third schedules to the income-tax act and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount mentioned in the proposed code instead of to the income-taxclause 135 of the bill seeks to provide penalty for failure of pay contribution, etc the penalties specified in the clause are inconsonance with the gravity of the offencesclause 136 of the bill seeks to provide for enhanced punishment in certain cases after previous convictionwhoever, having been convicted by a court of an offence punishable under this proposed code, commits the same offence for second, or subsequent offence, shall be punishable with imprisonment for a term which may extend to two years and with fine of two lakhs rupees where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation under this proposed code, he shall be punishable with imprisonment for a term which may extend to five years but which shall not be less than two years and shall also be liable to fine of three lakhs rupeesclause 137 of the bill seeks to provide for offences by companieswhere an offence under chapter xii has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyclause 138 of the bill seeks to provide for cognizance of offences by court no court shall take cognizance of an offence punishable under the proposed code except on a complaint made by such officer or other person as may be prescribed for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under the proposed code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of the proposed code, by the appropriate governmentclause 139 of the bill seeks to provide for prior opportunity to employer for compliance before prosecution before initiation of prosecution proceeding against an employer for any offence under the proposed code, an opportunity shall be given to the employer to comply with the aforesaid relevant provisions by way of a written direction if the employer complies with the direction then, no such proceeding shall be initiated against the employerclause 140 of the bill seeks to provide for compounding of offences as provided under the said clauseclause 141 of the bill seeks to provide for regarding reporting of vacancies to career centres the appropriate government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment shall report that vacancy to such career centre as may be specified in the notification it shall not be obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reportedclause 142 of the bill seeks to provide for exclusions of certain employment from the application of chapter xiii this chapter shall not apply in respect of vacancies relating to in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation, and employment as agriculture or farm machinery operatives, in any employment in domestic service, in any employment connected with the staff of parliament or any state legislature, etcclause 143 of the bill seeks to provide for application of aadhaar for registration as member or beneficiary, seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund, receiving any payment or medical attendance as insured person himself or for his dependents, under the proposed code or rules, regulations or schemes made or framed thereunder has to establish his identity or the identity of his family members or dependents through aadhaar numberclause 144 of the bill seeks to provide for power of appropriate government to exempt establishment the appropriate government may, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to exemption and the conditions to be complied with after exemption, as may be prescribed by the central government in this behalf, grant exemption to an establishment or class of establishments or employees or class of employees, from any or all of the provisions of the proposed code as may be specified in the notification and may renew for further period such exemption by like notification no such exemption shall be granted or renewed without prior consultation with the central board or without prior consultation with the corporationclause 145 of the bill seeks to provide for liability in case of transfer of establishmentwhere an employer transfers his establishment in whole or in part, by sale, gift, lease or license or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this proposed code in respect of the periods up to the date of such transferclause 146 of the bill seeks to provide for the members, officers and staff of social security organisation, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under the proposed code shall be deemed to be a public servant within the meaning of section 21 of the indian penal codeclause 147 of the bill seeks to provide for protection of a person or authority from legal proceeding if action is taken in good faith in pursuance of the proposed codeclause 148 of the bill seeks to provide for misuse of benefits in case the appropriate government is satisfied that any establishment or any person has misused the benefit provided under the proposed code then, the appropriate government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notificationclause 149 of the bill seeks to provide for power of central government to give directions the central government may give directions to the social security organisations in respect of matters relating to the implementation of the provisions of this proposed codeclause 150 of the bill seeks to provide for power of the appropriate government to frame schemes the appropriate government may, subject to the condition of previous publication, frame schemes not inconsistent with this proposed code, for the purposes of giving effect to the provisions thereofclause 151 of the bill seeks to provide for protection against attachment of amount, etc the amount standing to be credited in favour of the employee under relevant chapters or, of any member in the fund, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employeeclause 152 of the bill seeks to provide for power to amend schedules the central government may, by notification amend first, fourth, fifth and sixth schedules by way of addition or deletion therein and upon such addition or deletion, the said schedule shall stand to have been amended accordingly similarly, the appropriate government may amend the second or third schedules by way of addition to the said schedulesclause 153 of the bill seeks to provide for power of central government to make rulesthe appropriate government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 154 of the bill seeks to provide for power of make rules the central government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 155 of the bill seeks to provide for power of state government to make rulesthe state government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 156 of the bill seeks to provide for power of corporation to make regulationsthe corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this proposed code and the rules and schemes made or framed thereunder, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter-iv and the provisions of this proposed code relating to that chapterclause 157 of the bill seeks to provide for prior publication of rules, regulations, etcthe purpose of such publication is to obtain the objections and suggestions of the persons affected and to consider those objections and suggestions before the rules, regulations are finalisedclause 158 of the bill seeks to provide for rules to give effect to arrangements with other countries for transfer of money the central government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii relating to employees compensation, which has been awarded to or may be due to, any person residing or about to reside in such foreign countryclause 159 of the bill seeks to provide for laying of rules, regulations and schemes, etc every rule, regulation, notification and scheme made, issued or framed by the central government or the corporation, as the case may be, under this proposed code shall be laid, as soon as may be after it is made, issued or framed, before each house of parliament every rule and scheme made or framed, and every notification issued by, the state government under this proposed code, shall be laid as soon as may be after it is made or framed or issued before the state legislaturesclause 160 of the bill seeks to provide for effect of laws and agreements inconsistent with the proposed code such provision is required to give the overriding effect for smooth implementation of the provisions of the proposed codeclause 161 of the bill seeks to provide for delegation of powers the a ppropriate government, may, by notification, direct that all or any of the powers and functions which may be exercised or performed by that government, may, in relation to such matters and subjects in such conditions, be also exercisable by the board, corporation or any officer or authority as specified in the said clauseclause 162 of the bill seeks to provide for power of central government to remove difficulties by order, published in the official gazette such order shall not be made after the expiry of a period of two years from the commencement of this proposed codeclause 163 of the bill seeks to provide for repeal and savings the enactments which are being repealed are enumerated in the said clause further, anything done or any action taken under the enactments to be repealed under the said clause including any rule, regulation, notification (including the notifications issued by the state governments), schemes, appointment, order or direction made thereunder or any benefit provided or given under any provision of the enactments so repealed, rules, regulations, notifications or schemes made thereunder for any purpose have been saved to the extent they are not contrary to the provisions of the proposed code, till they are repealed under the corresponding provisions of the proposed code it also provides that the central board and the executive committee constituted under the employees' provident funds and miscellaneous provisions act, 1952 so repealed and the corporation, standing committee and the medical benefit council constituted under the employees' state insurance act, 1948 so repealed shall remain so constituted and discharge respectively the functions and exercise the powers of the central board, executive committee, corporation, standing committee and medical benefit committee under the proposed code, till such central board, executive committee, corporation, standing committee and medical benefit committee are constituted in accordance with the provisions of the proposed code it also contains that any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it is ceased to be in operation under the provisions of the proposed code or any direction made thereunder for such purpose further details have been specified in the provisions of the clause financial memorandumat present, the provisions of the proposed code does not involve any expenditure either reoccurring or non-recurring from the consolidated fund of india however, the financial implications may arise in future for formulating the schemes for unorganised sector and for entrusting the additional work for administration of other enactments or schemes relating to social security under clause 13 of the bill such recurring or non-recurring expenditure cannot be estimated at present memorandum regarding delegated legislationsub-clause (1) of clause 154 empowers the central government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made these matters include (a) manner of establishment and maintenance of career centre and the career services under sub-clause (8) of clause 2; (b) the income of dependant parents (including father-in-law and mother-in-law of a woman employee), under sub-clause (33) (e) of clause 2; (c) such other authority who may appoint the person or persons to manage the affairs of the factory and the matters which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier, under the proviso to sub-clause (49) of clause 2; (d) the time and manner of registration of establishment under clause 3; (e) the manner of administration of the funds vested in the board under sub-clause (1), the manner of performance of functions by an executive committee under sub-clause (3), the terms and conditions, including tenure of office of member of the central board and executive committee and their duties under subclause (5) and the manner of performance of such other functions under sub-clause (6) of clause 4; (f) the manner of administration of employees' state insurance scheme and the manner of representation of states under sub-clause (1) (d), the manner of constitution of standing committee under sub-clause (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of function by the standing committee under sub-clause (4) (a), the composition of the medical benefit committee under subclause (5) and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-clause (7) of clause 5; (g) the manner of exercising the powers and performance of the functions by the national social security board under sub-clause (1), the number of persons to be nominated as members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-clause (4) and time, place and rules of procedure relating to the transaction of business under sub-clause (6) of clause 6; (h) welfare measures and facilities under subclause (6) (j) of clause 7; (i) meetings and procedure in regard to the transaction of business at meetings (including the quorum at such meetings) under sub-clause (1) and fee and allowances of members of social security organisation or any committee under sub-clause (4), of clause 9; (j) manner of re-constitution of the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board, or any of the committees under sub-clause (1) and the alternate arrangements for the purpose of administration of the relevant provisions of this code under sub-clause (2), of clause 11; (k) manner of establishment of a pension fund and the manner of establishment of insurance fund under sub-clause (1) of clause 16; (l) the manner of maintenance of a provident fund account in relation to the establishment under subclause (1) of clause 21; (m) the manner of transfer and dealing with accounts under clause 22; (n) form, manner, time limits and fees for filing of appeal under sub-clause (2) of clause 23; (o) salary and allowances of the director general or the financial commissioner under subclause (3) and the limit of maximum monthly salary under the proviso to sub-clause (6), of clause 24; (p) limits for defraying expenditure under clause 26 (k) ; (q) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys by the corporation under sub-clause (2) and the terms to raise loans and take measures for discharging such loans under sub-clause (3), of clause 27; (r) manner of insurance of employees under clause 28; (s) the rate of contributions under sub-clause (2) and the days on which the contributions fall due where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period under sub-clause (4), of clause 29; (t) the percentage of income which may be spent on expenses and the limits for such expenses under clause 30; (u) the amount of payment under the proviso to sub-clause (1) (f) and the qualifications to claim benefits, conditions, rate and period thereof under sub-clause (3), of clause 32; (v) the limits within which the corporation may incur expenditure from the employees' state insurance fund under clause 33; (w) the rates, periods and conditions for payment of dependants' benefit under sub-clauses (1) and (2) of clause 38; (x) the qualification of an insured person and his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof under sub-clause (3) and the payment of contribution and other conditions under the second proviso to sub-clause (3), of clause 39; (y) the terms and conditions subject to which the scheme may be operated under clause 44; (z) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions under sub-clause (2) of clause 45; (aa) the form of application to the competent authority under sub-clause (5) (b) of clause 56; (bb) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-clause (1), conditions to exempt and manner of establishing an approved gratuity fund under subclause (2), and the time and manner to get establishment registered and the manner thereof under sub-clause (3), of clause 57; (cc) the form of notice under sub-clause (1) and the proof of pregnancy and proof of delivery under sub-clause (5), of clause 62; (dd) the proof of miscarriage or medical termination of pregnancy under sub-clause (1),the proof of tubectomy operation under sub-clause (2) and the proof of illness under sub-clause (3), of clause 65; (ee) the duration of breaks under clause 66; (ff) the number of employees and distance for crèche facility under sub-clause (1) of clause 67; (gg) gross misconduct under the second proviso to sub-clause (1) of clause 68; (hh) rate of interest to be paid by the employer under sub-clause (3) (a) of clause 77; (ii) the manner of notice under the first proviso to sub-clause (1), and the manner of transmitting money under sub-clause (3), of clause 92; (jj) the form, manner and fee for application for claim and settlement under sub-clause (3) of clause 93; (kk) the manner and time of collection of cess under sub-clause (2), manner of deposit of the cess so collected under sub-clause (3) and the uniform rate or rates of advance cess under sub-clause (4), of clause 100; (ll) the rate of interest in case of delayed payment of cess under clause 101; (mm) the manner of self-assessment of cess under sub-clause (1) of clause 103; (nn) the authority to inquire and impose penalty under clause 104; (oo) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-clause (1) of clause 105; (pp) manner of registration as beneficiary under clause 106; (qq) benefits of a beneficiary under sub-clause (2) of clause 107; (rr) manner of administration of the social security fund or funds under sub-clause (5) of clause 109; (ss) eligible age for registration and form, manner, authority and information under sub-clause (1) and the form of application and documents for registration and registering authority under sub-clause (2), of clause 113; (tt) form, manner and time for filing application for review under sub-clause (2) of clause 126; (uu) appellate authority to whom an employer may prefer an appeal under clause 127, and rate of interest on the refund of deposit to the employer, under the second proviso, to the said clause; (vv) the rate of simple interest which the employer shall be liable to pay under clause 129; (ww) manner of levying and recovery of damages under clause 130; (xx) manner to certify under sub-clause (5) of clause 131; (yy) manner of compounding of offences under sub-clause (1) and the form and manner of application for compounding of an offence under sub-clause (4), of clause 140; (zz) manner to establish identity under clause 143; (aaa) the eligibility conditions to be fulfilled prior to exemption and the conditions to be complied with after exemption and the period of extension of exemption under sub-clause (3), of clause 144; (bbb) any other matter which is required to be, or may be, prescribed by the central government under the provisions of this code2 sub-clause (1) of clause 155 empowers the state government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislations sub-clause (2) specifies the matters in respect of which rules may be made these matters include (a) the manner of exercising the powers and performance of functions by state unorganised workers' board under sub-clause (9), the number of persons to be nominated as members, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board under sub-clause (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-clause (14), of clause 6; (b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members and the manner of filling of casual vacancies of the members, under sub-clause (4) and the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees under sub-clause (5) (c), of clause 7; (c) structure, functions, powers and activities of the organisations under sub-clause (6) of clause 40; (d) procedure to be followed by the employees' insurance court under sub-clause (2) of clause 50; (e) manner of commencement of proceedings before the employees' insurance court and the time-limit of filing, fees and procedure thereof under sub-clause (1) of clause 51; (f) conditions when application for review is made without certificate of a medical practitioner under sub-clause (1) of clause 79; (g) manner of matters to be dealt by or before a competent authority under sub-clause (1) of clause 92; (h) time limit for disposal of application and costs incidental to the proceedings under sub-clause (4) of clause 93; (i) the manner of authentication of memorandum under clause 97; and (j) any other matter which is required to be, or may be, prescribed by the state government under the provisions of this code3 sub-clause (1) of clause 153 empowers the appropriate government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters include (a) the amount in connection with premium for group insurance scheme of the beneficiaries, educational schemes for the benefit of children of the beneficiaries and the medical expenses for treatment of major ailments of a beneficiary or, such dependent under sub-clause (6) of clause 7; (b) other member who may authenticate the orders and decisions of the social security organisations and other instruments issued under sub-clause (2) of clause 9; (c) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the second proviso to sub-clause (1) of clause 53; (d) the time, form and manner of nomination by an employee under sub-clause (1), the time to make fresh nomination under sub-clause (4), the form and manner of modification of a nomination under sub-clause (5) and the form for fresh nomination under sub-clause (6) of clause 55; (e) time and form of application under sub-clause (1) of clause 56; (f) the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer under sub-clause (4) of clause 57; (g) the qualifications and experience of competent authority under sub-clause (1) of clause 58; (h) authority to whom an appeal may be preferred under sub-clause (3) of clause 72; (i) class of employers and the form of notice-book under sub-clause (4) of clause 82; (j) the frequent interval for medical examination under proviso to sub-clause (1) of clause 84; (k) form of statement and the manner of ascertaining the dependents under sub-clause (1) and the manner of providing an advocate under sub-clause (5) of clause 88; (l) manner of recording memorandum under sub-clause (1) of clause 89; (m) such other experience and qualifications for appointment as a competent authority under sub-clause (1) of clause 91; (n) time-limit to pay the amount of cess under clause 101; (o) fees for appeal under sub-clause (2) of 105; (p) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys, re-invest or realise investments under subclause (2), terms to raise loans and take measures for discharging such loans under subclause (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-clause (4) of clause 120; (q) conditions and manner of writing off losses under clause 121; (r) other powers of inspector-cum-facilitator under sub-clause (6) (e) of clause 122; (s) form and manner for maintenance of records and registers and other particulars and details, manner and form for display of notices at the work places of the employees and the manner and period of filing returns underclause 123; (t) officer or other person who may make complaint under sub-clause (1) and the authority to give sanction under sub-clause (2), of clause 138; (u) the manner and form for reporting vacancies to the career centres and the manner and form of filing the return by the employer to the concerned career centre under sub-clause (2) of clause 141; (v) the time within which the central board or the corporation as the case may be, shall forward its view to the appropriate government under sub-clause (1) and the conditions which the exempted establishment or the class of establishment or the employers or class of employers or the employees or class of employees as the case may be, shall comply after exemption under sub-clause (2) of clause 144; (w) any other matter which is required to be, or may be, prescribed by the appropriate government under the provisions of this code4 sub-clause (1) of clause 156 empowers the corporation, subject to the condition of previous publication to make regulations for carrying into effect the provisions of chapter vi and the provisions of this code relating to that chapter sub-clause (2) specifies the matters in respect of which such regulations may be made these matters include (a) the cases and matters to be submitted for the decision of the corporation under sub-clause (4) (b) of clause 5; (b) composition of committees under sub-clause (6) of clause 5; (c) the method of recruitment, salary and allowances, discipline and other conditions of services of the officers and employees under sub-clause (7) (a) of clause 24; (d) unit in respect of which all contributions shall be payable under sub-clause (3) of clause 29; (e) maintenance of register of employees by or through the contractor under sub-clause (7), conditions for deduction of wages under sub-clause (8) and any matter relating or incidental to the payment and collection of contribution under sub-clause (9), of clause 31; (f) qualifications and experience of other person to certify sickness under sub-clause (1) (a), authority to certify eligibility of a woman under sub-clause (1) (b) , authority to certify eligibility for payment under sub-clause (1) (c), conditions for extension of medical benefits under sub-clause (2) and any matter relating or incidental to the accrual and payment of benefits under subclause (4), of clause 32; (g) continuous period in which the employee contracts occupational disease under sub-clause (1) of clause 36; (h) constitution of medical board under subclause (1), constitution of medical appeal tribunal under sub-clause (5) and manner of filing appeals before the medical appeal tribunal under sub-clause (7), of clause 37; (i) conditions for voluntary retirement scheme under the first proviso to sub-clause (3) of clause 39; (j) other authority for providing permission under sub-clause (3) (c), form of nomination under sub-clause (6) and the authority to determine benefits under sub-clause (9), of clause 41; (k) user charges to be paid by other beneficiaries for medical facilities under the explanation to clause 44; (l) any matter in respect of which regulations are required or permitted to be made by this code5 the matters in respect of which rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto amend and consolidate the laws relating to social security of the employees and the matters connected therewith or incidental thereto————mgipmrnd—4171ls(s3)—06-12-2019 | Parliament_bills | e990a818-a034-5f13-b3dc-46bc0650134c |
the defence of india bill, 1962(as introduced in lok sabra on 16th november, 1962) - arrangement of clausesclauses chapter i preliminary1 short title, extent, application, duration and s8,ings 2 definitions chapi'er ii emugency powers3 po~r to make rules 4 special powers to control civilian personnel employed in connection with the armed forces of the union 5 enhanced penalties 6 temporary amendments to acts chapter iii cml defence services7 constitution of civil defence service 8 appointment of members and officers 9 dismissal of members of civil defence service 10 functions of members of civil defence services 11 penalty 12 power to make rules chapter iv special trmunals13 constitution of special tribunals 14 jurisdiction of special tribunals 15 procedure of special tribunals 16 exclusion of public from proceedings of special tribunals 17 power of spedal tribunals 18 sentences of special tribunals 2029(b)ls-l chapter vclauses employment of technical personnel in the national savice 19 definitions 20 liability for employment, in national service 21 national service tribunals 22 notified establishments 23 employment of technical personnel in the national service 24 reinstatement 25 relinquisjunent of employment by, dismissal of, and engagement by ~ablishment of, technical personnel 26 penalties and procedure 27 service of summons, notices, orders, etc 28 power to make rules chapter vi requisitioning and acquisition of immovable property- 29 requisitioning of immovable property 30 payment of compensation 31 power to obtain information and give ,direction 32 power of entry into, and inspection of, property, etc 33 eviction from requisitioned property 34 penalty for contravention of any order regarding requisitioning 35 release from requisition 36 acquisition of requisitioned property 37 compensation for acquisition of il'equisitioned property 38 power to make rules 39 certain properties requisitioned under previous law to be deemed to be requisitioned under this chapter chapter vii supplemental40 power to delegate 41 rules to be laid before houses of parliament 42 jurisdiction of ordinary courts clauses43 effect of act and rules, etc, inconsistent with other enactments 44 ordinary avocations of l~ to be interfered with as little as possible 45 savings as to orders 46 chapter m not to apply to measures taken for the protection of armed forces 47 protection of action taken uncie!!r the act 48 repeal and saving (as iimioduced in lok sabha) a billto provide few special measu7'es to ensure the public safety and interest, the defence of india and civil defence and few the trial of certain offences and few matters connected therewith whi:reas the president has declared by proclamation under clause (1) of artical 352 of the constitution that a grave emergency exists whereby the security of india is threatened by external aggression; s and whbrbas it is expedient to provide for special measures to ensure the public safety and interest, the defence of india and civil defence and for the trial of certain offences and for matters connected therewith; be it, therefore, enacted by parliament in the thirteenth year 10 of the republic of india as followa:- chapter i prardmfajrr1 (1) this act may be called the defence of india act, 1962 (2) it extends to the whole of india and it applies als()-short title extent, application, duration and s8vinp is (a) to citizens of india outside indiaj \ b) to persons in the service of the government, wherever they may be; (c) in respect of the regulation and discipline of the naval, military and air forces or any other armed forces of tj-ot' union, to members of, and persons attached to, employed with, or following, those forces, wherever they may be; (d) to; and to persons on, ships and aircraft registered in india, wherever they may be (3) it shall remain in force during the period of operation of , the proclamation of emergency issued on the 26th october, 1962, and for a period of six months thereafter but its expiry under the operation of this sub-section shall not affect-(a) the previous operation of, or anything duly done or suffered undet, this act or any rule made thereunder or any 10 order made under any such rule, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under this act or any rule made thereunder or any order made under any such rule, or (c) any penalty, forfeiture or punishment incurred in is respect of any offence under this act or any contravention of any rule made under this act or bf any order made under any such rule, or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation liability, penalty, forfeiture or pnnishment as aforesaid; 20 and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any blich peulty, folieiture or punishment may be imposed as if this act had not expired definitions z in this act, unless the context otherwise requires,-2s (a) "civil defence" includes any measures not amounting to actual combat, for affording defence against any form of hostile attack by a foreign power or for depriving any form of hostile attack by a foreign power of its effect either wholly or in part whether such measures are taken before, durjng or after 30 the time of the attack; (b) "civil defence services" mean the services formed wholly or mainly to meet the needs of civil defence; (c) "enemy" means-(i) any person or country committing external aggres- 3s sion against india; (~i) ,any person belonging to a country committing such aggretliion; (iii) such other country as may be declared by the central government to be assisting the country committing such aggression; (iv) any person belonging to such other country; 5 (d) "enemy territory" means-(i) any area which is under the sovereignty of, or administered by, or for the time being in the occupation of, a country referred to in sub-clause (i), or a country referred to in sub-clause (iii), of clause (c) of this section; 10 (ii) any area wlhich the central government may, by notification in the official gazette, specify to be enemy territory for the purposes of this act or any rule made thereunder; (e) "military operations" mean the operations of the armed forces of the union; 15 (i> "prescribed" means prescribed by rules made under this act; (g) "proclamation of emergency" means the proclamation issued under clause (1) of article 352 of the constitution on the 26th october, 1962; 20 (h) "state government" in relation to a union territory means the administrator thereof chapi'er ii emergency powers2s 3 (1) the central govemment may, by notification in the oiicial power to gazette, make such rules as appear to it necessary or expedient /f0l'4 mike rule • securing the defence of india and civil defence, the public safety, the maintenance of public order or the efbcient conduct of military operations, or for maintaining supplies and services essential to the life of 30 the community (2) without prejudice to the generality of the powers conferred by sub-section (1), the rules may provide for, and may empower any authority to make orders providing for, all or any of the following matters, namely:-35 (1) ensuring the safety and welfare of the armed forces of the union, ships and aircrafts, and preventing the prosecution of any work ukely to prejudice the opelnltlons of the armed forces of the union; (2) prohibiting anything likely to prejudice the training, discipline or health of the armed forces of the union; (3) preventing any attempt to tamper with the loyalty of persons in, or to dissuade (otherwise than with advice given in good faith to the person dissuaded for his benefit or that of any s member of his family or any of his dependents) persons from entering the service of the government: (4) preventing or prohibiting anything likely to assist the enemy or to prejudice the successful conduct of military operations or civil defence including-ii) (a) communications with the enemy or agents of the enemy; is (b) acquisition, possession without lawful authority or excuse and publication of information likely to assist the enemy; (c) contribution to, participation or assistance in, the floating of loans raised by or on behaif of the enemy; (d) advance of money to, or contracts or commercial dealings with the enemy, enemy subjects or persons residing, carrying on business, or being, in enemy territory; and zo (e) acts, publications or communications prejudicial to civil defence; (5) preventing the spreading without lawful authority or excuse of false reports or the prosecution of any purpose like'y to cause disaffection or alarm, or to prejudice india's relations 2'1 with foreign powers or to prejudice maintenance of peaceful -conditions in any area or· part of india, or to promote feelings of ill-will, enmity or hatred between different classes of the people of india; (6) requiring the publication of news and information; 30 (7) demanding security from any press used for the purposf: of printing or publishing any newspaper, news-sheet, book or other document containing matters prejudicial to the defence of india and civil defence, the public safety, the maintenance of public order, the efficient conduct of military operations or thr 3) maintenance of supplies and services essential to the life of the community, the forfeiture of such security and the circumstance~ in which and the authority by whom such forfeiture may h ordered; (8)replatiac the conduct of persons in respect of areas the control of which is considered necessary or expedient, and the removal of persons from such areas; (9) requiring any person or class of persona to comply with any scheme of defence or civil defence; (10) ensuring the wetf of-(a) ports, deckyanis, lighthotues, qht-ships eel aerodromes; (b) railways, tramways, roads, canals and all otlier 10 means of transport by land or water; (c) te~egraphs, post offices, signalling apparatus and all other means of communication; (d) sources and systems of water-supply, works for the supply of water, gas or electricity, and all oth~r works for is public purposes; (e) vessels, aircraft, transport vehicles as defined in the motor vehicles act, 1939, and rolling stocks of railways and tramways; (f> warehouses and all other places used or intended to be used for storage purposes; 20 (g) mines, oil-fields, factories or industrial or commercial undertakings generally, or any mine, oil-field, factory or industrial or commercial undertaking in particular; (h) laboratories and institutions where seientific or technological research or training is conducted or imparted; (i) all works and structures being part of, or connected with, anything earlier mentioned in this clause; and (j) any other place or thidg used or intended to be used for the purposes of government or a local authority or a semi-government or autonomous organisation, the protection of which is considered "necessary or expedient for securing the defence of india and civil defence, the pubuc safety, the public order, or the efficient conduct of mlutary operations, or for maintainbjc supplies and services essential to the life of the community; (11) the demo1ition, destructiono or rendering useless in case of necessity of any baildiq or other premises or any other property; (12) prohibiting or regulating traftic, and the use of vessell, buoys, lights and signals, in ports and territorial, tidal and inland waters; (13) the control of lights and sounds; (14) the control of persons entering, travelling in or depart-, ing from, in~ta; (15) notwithstanding anything in any other law for the time being in force,-(i) the apprehension and detention in custody of any person whom the authority empowered by the rules to 10 apprehend or detain, as the case may be, suspects, on grounds appearing to that authority to be reasonable, of being of hostile origin or of having acted, acting, being about to act or being likely to act in a manner prejudicial to the defence of india and civil defence, the security of the state, is the public safety or interest, the maintenance of public order, india's relations with foreign states, the maintenance of peaceful conditions in any part or area of india or the efficient conduct or military operations, or with respect to whom that authority is satisfied that his apprehension and 20 detention are necessary for the purpose of preventing him from acting in any such prejudicial manner, (ii) the prohibition of such person from entering or residing or remaining in any area, and (iii) the compelling of such person to reside and remain 25 in any area, or to do or abstain from doing anything; (16) rest~cting and regulating the charter of foreign vessels; (17) regulating the structure and equipment of vessels for the purpose of ensuring the safety thereof and of persons there- 30 in; (18) regulating work in dockyards and shipyards in respect of the construction and repairs of vessels: (19) prohibiting or regulating the sailings of vessels from ports, traffic at aerodromes and the movement of aircraft, and 35 tra1bc on railways, tramways and roads, and reserving end requiring to be adapted, for the use of the government, all or any accommodation in vessels, aireraft, railways, tremways or road vehicles for the carriage of persons, animals or goods; (20) the impresament of vessels, alreraft, vehld-, and animals for transport; (21) prohibiting or regulating the use of postal, telegraphic or telephonic services, including the taking possession of such services, and the delaying, seizing, intercepting or interruptlng of postal articles or telegraphic or telephonic messages; (22) regulating the delivery otherwise than by postal or telegraphic service of postal articles and telegrams; (23) the control of trade or industry for the purpose of 10 regulating or increasing the supply of, and the obtaining of information with regard to articles or things of any description whatsoever which may be used in connection with the conduct of military operations or civil defence or for maintaining suppljea and services essential to the life of the community; is (24) the control of generation, supply, distribution, use or consumption of electrical energy; (25) the control of agriculture (including the cultivation of agricultural land and crops to ,be raised therein) for the pui'pofe of increasing the production and supply of foodgrains and other 20 essential agricultural products; (26) the provisiod, storage and maintedance of commodities and things required for the conduct of miutary operations or for the defence of india add civil defence; (27) the requisition of services of persons for maintaining 25 supplies and services essential to the life of the community; (28) the provision, egnstruction, maintenance or alteratioll of bulldinp premises or other structures or excavations required for the conduct of mbitary operations or the defenee of iddia add clvu defence; 30 (29) the protection of property by the performance of such fire prevention and other duties as may be allotted: to any person; (30) the seeurmg of any building, premisea or other structures from being readily recognisable in the event of - hostile attack by a foreign power; 35 (31) ensuring the ownership and control of mines and oilfields by the citizens; (32) prohibiting, restricting or otherwise regulating the bringing into, or taking out of, india of goods or articles of any description (including coin, bulllon,baok notes, currency notes, ·securities and foreign exchange), and bringing into any part or place in india of any such goods or articles as aforesaid intended to be taken out of india without being removed from the ship, aircraft or other conveyance in which they are being carried, end applying the provisions of the sea customs act, 1878, and 5 8 of 1878-in particdlar section 19 thereof to such prohibitions, restrictions and regulations; (33) controlling the possession, use or disposal of, or dealing in, coin, bullion, bank notes, currency notes, securities or foreign exchange; 10 (94) the control of any road or pathway, waterway, -ferry or bridge, river, canal or other source of water-supply; (35) the requisitionidg and aequisition of any movable property; and the principles on which and the manner in which compensation shall be determined and given in respect of such 15 nquiaitlonlng oraequisitioll; (36) prohibiting or regulating the possession, use or disposal of-(4) explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunl- 20 tions of war; (b) vessels; (c) wireless telegraphic apparatus; (d) aircraft, and (e) photognlphic and signalling apparatus and any mealll 25 of recording information; (37) prohibiting or regulating the bringing into, or taking out of, india and the possession, use or tl"llnsmillion of ciphers and other secret means of communicating information; (38) prohibiting or regulating the pubucation of inventlona 30 and designs; (39) prohibiting or regulating the publication of results of research work having a bearing on eftom relating to defence of idcua or -military operatiodl; (40) preventing the disclosure of official secrets; 35 (41) prohibiting or regulating meetings, assemblies, falra and proce'jsions; (42) preventing or controlling any use of uniforms, whether oftlcial or otherwise llags ofbcial deedrations like medals, badgell s and other insignia and anything similar thereto, where such use is calculated to deceive or to prejudice the public safety the maintenance of public order, the defence of india and civil defence; (43) ensuring the accuracy of any report or declaration legally required of any person; (44) preventing the unauthorized change of names; 10 is (45) preventing anything likely to cause misapprehension in respect of the identity of any official person, official document or official property or in respect of the identity of any person, document or property purporting to be, or resembling, an official person, official document or oftlcial property; (46) the precautionary measures which the government or any departmert thereof or any loeal authority, memhers of police forces and fire brigades and members of any other service or authority employed primarily for purpoaes other than civil defence purposes should be required to take within their respeetive jurisdictions or with respect to any persoanel employed by them; 20 (47) the seizure and custody or destruction of injured, unclaimed or dangerous animals; (48) the salvage of damaged buildings and property and disposal of the dead; (49) the evacuation of areas and the removal of property or a~als therefrom; (50) the accommodation in any' area of persons evacuated from another area and the regulation of the conduct of evacuated persons accommodated in' such area; (51) the bhleting of evacuated persons or persons authorised to exerclse functions under this act; (52) the instructiioas of members of the public in civil defence and their equipment for purposes of civil defence; 35 (53) the entry into, and search of, any place reasonably suspected of being used for any purpose prejudicial to the public safety or interest, to the defence of india and civil defence or to the efrcient conduct of military operations, and fol' the seizure and d~al of anything found there and reasonably suspected of being used for such purpose; (54) the p1"oparation of any scheme of defenee servtee or any other service connected with the defenre of india and requrlng any person or class of persons to comply with such scheme; (55) the eviction of unauthorised occupants from such public premises [as deftned in the public premises (eviction of unauthorised occupants) act, 1958] as are, in the opinion of the 3a of z"l central government, required for the purposes connected with the defence of india and civil defence, the public safety or inte- 5 rest, the efticlent conduct of military operations or the maintenance of supplies and services essential to the life of the commu· dlty -1 (3) the rules made under sub-secuon (1) may further-(i) provide for the arrest and trial of persons contravening 10 any of the rules or any order issued thereunder; (ii) provide that any contravention of, or any attempt to eontravene, or any abetment of, or any attempt to abet, the contravention of any of the provisions of the rules or any order issued under any such provision, shall be punishable with im- is prisonment for a term which may extend to seven years, or with fine, or with both; (iii) provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in clause (ii) has been committed and 20 for the adjudl"cation of such forfeiture whether by a court or by any other authority; - (iv) confer powers and impose duties-(4) upon the central government or officers and authorities of the central government as respects any matter, 25 notwithstanding that the matter is one in respect of which the state legislature has power to make laws; and (b) upon any state government or omcers and authorities of any state government as respects any matter, notwithstanding that the matter is one in respect of which the 30 state legislature has no power to make laws; (v) prescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or securing the observ'8nce of, the rules or any order made thereunder: ~s (vi) provide for preventing obstruction and deception of and disobedience to any person acting and interference with any notice issued, in pursuance of the rules or any order made thereunder; (w) prohibit attempts by any person to screen trom punisr-ment any one, other than the husband or wife of such pe1'lon, contravenmg any of the rules or any order made thereunder; s (viu) empower or direct any authority to take such action as may be speclfied in the rules or as may seem necessaty to such authority for the purpose of ensuring the public safety otl' interest or the defence of indi'a and clvil defence; (iz) provide for charging fees in respect of the grant or issue of a licence, permit, certi1icate or other document for the purposes of the rules 10 62, of 1957 46 of 1950 45 of 1950 4 the central government may, by notification in the official special gazette, direct by general or special order that any persons who power to!1 not being members of the armed forces of the union are attach~::j:! to, or employed with, or following those forces, shall be subject to penonnel is naval, military or air force law, and thereupon such persons shall be r::s:!:rctd subject to discipline and liable to punishment fat offences under n~cthiohn - wit t e the navy act, 1957, the army act, 1950 and the air force act, armed 1950, as the case may be, as if they were included in such class of ::coru-nk: persons subject to any of those acts as may be specified in the n 20 notification or in the, absence thereof, by an officer empowered by the central goverllment in this behalf 5 (1) if any person with intent to wage war against india or bnhanced to assist any country committing external aggression against indla, penaltie contravenes any provision of the rules made under section 3 or any 25 order issued under any such rule, he shall be punishable with death or imprisonment for life, or imprisonment for a term which may extend to ten years and shall also be liable to fine (2) if any person,-(4) contravenes any such provision of, or any such rule or order made under the aircraft act, 1934 as may be notifieci in this behalf by the central government, or (b) in any area notified in this behalf by a state government, contravenes any such provision of, or any such rule made under, the arms act, 1959, the indian explosives act, 1884, the explosive substances act, 1908, or the inftamm·able substances act, 1952, as may be notified in this behalf by the state government, he shall, notwithstanding anything contained in any of the aforesaid acts or rules made thereunder, be punishable with imprisonment for 40 a term which may extend to five years, or, if his intention is to 3<;ist any country committing external aggression against india, or, to wage war agaidst india, with death, imprisonment for we ot imprisonment for a term which may extend to ten years and shall in either case also be liable to fine (3) for the purposes of this section, any persco who attempts to contravene, or abets or attempts to abet, or does any act preparatory s to, a contravention of any provision of any law, rule or order shall be deemed to have contravened that provision 6 during the continuance in force of this act,-temporary amendment_ to act (1) the indian official secrets act, 1923 shall have effect 19 of 1923 as if-(ii) in sub-section (1) of section 5 thereof, after the words 10 "in his possession or control", the words "any information likely to assist the enemy as defined in the defence of india act, 1962, or" had been inserted; and after the words "in such a ,place," the words "or which relates to or is used in, a is protected area as defined in the rules made under the defence of india act, 1962, or relates to anything in such area," had been 'inserted,; (b) for sub-section (4) of section 5 thereof, the following sub-section had been substituted, namely:-20 "(4) a person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to five years, or if such offence is committed with intent to assist any country committing external aggression against india or to wage war against 25 india, with death or imprisonment for life or imprisonment for a term which may extend to ten years and shall in either case also be liable to fine"; (c) after clause (ii) of section 12 thereof, the following clause had been inserted, namely:-"(00) an offence under section 5 shall be a rogniz- 30 able and non-btailable offence;"; (2) the aircraft act, 1934 shall have effect as 1£-22 of 19!4-(ii) at the end of clause (r) of sub-section (2) of section 5, the following words had been inserted, namely:-35 "including the taking of steps necessary to secure compliance with, or to prevent contravention of, the rules regulating such matters, or, where any such rule bas been contravened, to· rectify, or to enable proceedinsi to be taken in reapect of, ncb contravtlltioo"i 40 5 (b) in clause (b) of sub-section (1) of section 8, for the words, brackets, letters and figures "clause (h) or clause (i) of sub-section (2) of section 5", the words, brackets, letters and figures "clause (d), (e), (h), (i), (k) or (l) of subsection (2) of section 5, or the commission of an offence punishable under section 11," had been substituted; 10 (c) in section 11, after the words "in the air", the words "or in such a manner as to interfere with any of the armed forces of the union or any ships or aircraft" had been inserted; (d) in section 13, for the words, brackets, le~rs and figures "clause (i) of sub-section (2) of section 5" the words, brackets, letters and figures "clause (c), (d), (e), (h), (i), (;), or (k) of sub-section (2) of section 5 or punishable under section 11" had been substituted; and (e) section 14 had been omitted; of 1936 (3) the payment of wa~ act, 1936, shall have effect as if after clause (i) of sub-section (2) of section 7 thereof, the following clause had been inserted, namely:-"(ii) deductions made with the written authorisation of-(i) the employed person; or (ii) the president or secretary of the registerect trade union of which the employed person is a member 2s on such conditions as may be presc;ribed, far contribution to the national defence fund or to any defence savings scheme approved by the state government;"; (4) the motor vehicles act, 1939 (in this clause referred to as the "said act") shall have effect subject to the following provi- sions, namely:-(a) the state government may, by notification in the official gazette, authorise, subject to such conditions if any, as it may think fit to impose, any person- 3s (i) also to perform such functions of the state government under chapter iv (hi this clause referred to u the ·'said chapter") of the said act, other than the maldng of niles as may be specified in the notificationj and 2029 (b) ls--3 (ii) to perfonn to the exclusion of the state transport authority or regional transport authority, as the: ease may be, such functions of the state transport authority or any regional transport authority under the said chapter as may be specified in the notification; s and the expression "proper authority" in this clause shall, in relation to the performance of any such function as aloresaid, be construed in 9ceordance with the previsions of such notification, if any, relating to that function; (b) notwithstanding anything to the contrary in section 10 58 or section 62 of the said act the proper authority may grant a permit or a temporary permit under the said chapter to be effective for any specified period not exceeding five years; (c) the state government may, by general or special 15 order, in writing, provide that the proper authority,--(i) in deciding to grant or refuse to grant a permit under the said chapter, shall not be bound to take into consideration representations made by any persons other than the applicant for the permit or to follow the proce- 20 dure laid down in section 57 of the said act, and may take 1n1o consideration an application for a stage carriage permit or a public carrier's permit which has not complied with the provisions of su1>section (2) of that section; 2s (ii) in fixing the maximum and minimum fares or freights for stage carriages and public carriers, shall not be bound to give the representatives of the interests affected an opportunity of being heard or to follow the procedure laid down in section 43 of the said act, or 30 where such action is taken for the purpose of preventing the charge of exces$ fares or freights, to have regard to any of the considerations set forth in clauses (a) to (d) of sub-section (1) of that section; (d) without prejudice to the provisions of section 60 of 3s the said act, the proper authority may, if in its opinion the public interest 80 requires, cancel, or modffy the conditions of or iulpend for such perloc! as it thinks fit, any permit or counter-aigdature under the said chapter which is valid in' its juriadicuon;_ __ ___ _ 40 (e) the state government may, by general or spedal order in writing, exoempt from' all or any of the provisions of the said chapter any transport vehicle used or requited for use in connection wlth any work or purpose declared by the state government in the order to be a work or purpose con· nected wi th the defence of india the conduct of military operations or civil defence; 5 10 <f) if the state government by general or special order in writing so directs, the previsions of sub-section (2) of section 38 of the said act shall have effect in relation to any· controlled motor vehicles specified in the order as if the words "not being in any case more than two years or less than six months" had been omitted expzanation-in this clause "controlled motor vehicle" means any moitor vehicle declared by the govenunent to be a control~ed motor vehicle by order made in this behalf chapter iii 15 clvll dlli'ufc& services 7 (1) the state government may constitute for any area within con~tioa the state a body of persons to be called the civil defence service and ~e~~!' : may appoint a person (hereinafter called the director) to command service such body 20 (2) subject to any orders which the central government may make in this behalf, any member of a civil defence service of any state may at any time be required to discharge functions in relation to civil defence in any other state and shall while so discharging such functions be deemed to be a member of a civil defence service of 2s that other state and be vested with the powers, functions and prl vil~ges and be subject to the liabilities of a member of a civil defence service of that other state ~ (1) any authority authorised in this behalf by the state gov appointment emment may appoint as members of a civil defence service so many :!r::::: 30 persons who are ftt and willin~ to serve as such as it is authorised by the- state govermaeat to appoint, and the director may appoint any such member to any office or command in the service (2) every person so appointed to ,be a member of a civil defence service shall be given a certificate of membership in such fonn as may 35 be prescribed t the director or any other authority authorised in this behalf dismislal of by the state government may, by order in writing, dismiss sum- :r~~fil'i marlly from a civil defence setvice any member thereof if, in the defence opinion of the director or such other authority, he fails to discharge service 40 satisfactorily, or is guilty of misconduct in the discharge of, his duties as such jnember, or his continued presence in the service is otherwise uadesirab1e 10 (1) the members of a civil defence service shall perlomi such functions in relation to the carrying out of measures for civil defence as may be assigned to them by rules made under this act or by any other law for the time being in force (2) the director or any person authorised in this behalf by the s director or by the state government may by order at any time call out a member of a civil defence service for training or to discharge any such functions as aforesaid fcnalty 11 if any member of a civil defence service on being called out by an order under sub-section (2) of section 10 neglects or refuses 10 wit~out sufficient excuse to obey such order or to discharge his functions as a member of the civil defence service or to obey any lawful order or direction given to him for the performance of his duties, he shall, on conviction by a competent court, be punishable with fine which may extend to five hundred rupees is power to make mcl 12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this chapter (2) in particular, and without prejudice to the generality of the foregoing powers, such rules may-20 (a) prescribe the duties of members of civil defence services and regulate the manner in which they may be called out for service; (b) regulate the organisation, appointment, conditions of service, discipline, accoutrement, and clothing of members of any 25 or all of the civil defence services; (c) prescribe the form of certificates of membership of any or all of the civil defence servicesj (d) provide that a contravention of, or an attempt to contravane, and any abetment of or attempt to abet the contzaven- 30 tion of, any of the provisions of the rules or of any order issued under any such provision shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both; (e) provide for tire arrest and trial of persons contravening, 3s or reasonably suspected of contravening, any of the provisions of the rules or of any order issued under any such provision; (f) provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in clause (d) has been committed; 40 (g) prescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or secur_ ing the observance of, the rules or of any order issued thereunder; (h) provide for preventing the obstruction and deception of, 5 and disobedience to, any person acting, and interference with any notice issued, in pursuance of the rules or of any order issued thereunder; (i) prohibit attempts to screen from punishment any person contravening any of the rules 10 chapter iv special tribunals13 (1) tht'! state government may, for the whole or any part of <}ogati~od the state, constitute one or more special tribunals which or each of ~ri~ •• which shall consist of three members appointed by that government is (2) no person shall be appointed as a member of a special tribunal unless he-(a) is qualified under clause (2) of article 217 of the consti-tution for appointment as a judge of a high court; or ,011898 20 (b) has exercised th'e powers under the code of criminal procedure, 1898 (hereafter in this chapter referred to as th9 code) of anyone or more of the following, namely:-(i) sessions judge, additional sessions judge, chief presidency magistrate, additional chief presidency magisrate, (ii) district magistrate, additional district magistrate 25 14 during the period during which the proclamation of emer- juriadit;t0ln gency is in operation, the state government may, by general or special ,r~:r! order, direct that a special tribunal shall try any offence-(a) under any rule made under section 3, or jo (b) punishable with death, imprisonment for life or impriment for a term which may extend to seven years, triable by any court having jurisdiction within the local limits of the jurisdiction of the special tribunal and may in any such order direct the transfer to the special tribunal of any particular case frem any 35 other special tribunal or any other criminal court not being a high court ' 1 15 (1) a special tribunal may take cognizanee of offences without the 'accused being committed to it 'for trial prcc:edurc of special tribunal • (2) save in cases of trials of offences punishable with death or imprisonment for life, it shall not be necessary in any trial for it special tribunal to take down the evidence at length in writing, but the 5 special 'l"l-ibunal shall cause a memorandum of the substance of what each witness deposes, to be taken down, and such memorandum shall be signed by a member of the special tribunal and shall form part of the record (3) a special tribunal shall not be bound to adjourn any trial for 10 any purpose unless such adjournment is, in its opinion, necessary in the interests of justice (4) a special tribunal shall not, merely by reason of a change in its members, be bound to recall and to re-hear any witness who has given evidence, and it may act on the evidence already recorded by 15 or produced before it (5) after an accused person has once appeared before it, a special tribunal may try him in his absence if, in its opinion, his absence has been brought about by the accused himself for the purpose of impeding the course of justice, or if the behaviour of the accused in 20 court has been such as, in the opinion of the special tribunal, to impede the course of justice (6) in the event of any difference of opinion among the members of a special tribunal, the opinion of the majority shall prevail (7) the state government may, by notification in the oftlcial 25 gazette, make rules providing for-(i) the times and places at which special tribunals may sit; and (ii) the procedure to be adopted in the event of any member of a special tribunal being prevented from attending throughout 30 the trial of any accused person (8) a special tribunal shall, in all matters in respect to which no procedure has been prescribed by this act or by rules made thereunder, follow the procedure prescribed by the code for the trial of warrant cases by magistrates 3s exclusion 16 in addition, and without prejudice, to any powers which a - of public special tribunal may possess by virtue of any law for the time being from pro- bl' f di if cecjings in force to order the excluslon of the pu lc rom any procee ngs, of special at any stage in the course of a trial of any person before a special trlbudiii tribunal, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the safety of the state, that all or any portion of the public shall be excluded s during any part of the hearing, the special tribunal may make an order to that effect, but the passing of the sentence shall in any case take place in public 17 a special tribunal shall have all the powers conferred by the power or code on a court of session exercising original jurisdiction ~~~~:~als 10 18 (1) a special tribunal may pass any sentence authorised by sentence • i of special aw tdbt:nal •• (2) a person sentenced by a special tribunal-(a) to death or imprisonment for life, or (b) to imprisonment for a term extending to ten years under is section 5 of this act or under sub-section (4) of section 5 of 19 of 1923 the indian official secrets act, 1923, as amended by section 6 of this act, shall have a right of appeal to the high court within whose jurisdiction the sentence has been passed, butsave 86 aforesaid and not-20 withstanding the provisions of the code, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence of a special tribunal, and no court shall have authority to revise such order or sentence, or to transfer any 25 case from a special tribunal, or to make any order under section 491 of the code, or have any jurisdiction of any kind in respe:'t of any proceedings of a special tribunal (j) the powers conferred upon the appropriate government by chapter xxix of the code shall apply in respect of a person 30 sentenced by a special tribunal chapter v employment of technical personnel in the national servlci:19 in this chapter, unless the context otherwise requires,-definitio'1s 3s (a) uemployment in the national service" means employment in a notified establishment in pursuance of an order passed under section 23; (b) "employer" means any person who employs technical personnel to do any work in an establishment and includes any person entrusted with the supervision and control of te~hnica1 personnel in such an establishment; (c) "establishment" means-(i) any office, or (ii) any place where any industry, trade, business or 5 occupation is carried on; and includes any technical institution or training centre established, selected or approved by the central government; (d) "national service tribunal" means a tribunal constituted under section 21; 10 (e) "notified establishment" means any government establishment and any establishment declared by notification under sub-section (1) of se:-tion 22 to be engaged in ~ork of national importance; (f) "notified occupation" means any occupation which the is central government may, by rules made under this chapter, specify as a notified occupation for the purposes of this chapter; (g) "technical personnel" means all persons who possess knowledge of or skilr in one or more of the notified occupations, whether or not they are employed in any establishment, and 20 includes such persons or class of persons undergoing training in any of those occupations in any establishment as may be declared by the central government by notification in the official gazette to be technical personnel for the purposes of this chapter liability for zo all technical personnel, being citizens of india and not being 2s «;mployd?-cnt1 members of the armed forces of the union or members of any in natlonll service reserve of any such force who are liable, under the terms of their service in such reserve, to be called up for service at any time and not only on partial or general mobilisation, shall be liable under this chapter to undertake employment in the natlonal service 30 national 43e tvice tribut\p}s 21 (1) the central government shall constitute, for sueh areas and in luch places as it thlaks 8t, national service tribunals to exercise the functions assigned to suc' tribuuls by or under thi chapter (2) the composition, powers and pl'iocedure of national servic~ 35 tribunals shad be such as may be prescribed notified estab1i!lltmenta 22 (1) the central government may, by notification in the oftlcial gazette, declare any establishment, which is engaged in work which, in the opinion of the central government, is likely to aasist the defence of india and civil defence, the eftlc1ent conduct of military operations, or the maintenance or increase of supplies and services essential to the life of the community, to be an establishment engaged in work of national importance and thereupon such estab-5 lishment shall be a notified establishment and while making such declaration, the central government may require that establishment to make such provisions as may be specified in the notification in regard to the terms of service and coriditions of work of its employees (2) every notified establishment shall be eligible to apply to a 10 national service tribunal or to the central government for technical personnel and having so applied, shall take into its employment such technical personnel within such period and on such tel'ldl and conditions as may be prescribed 23 (1) subject to any rules made in this behalf mder thia chap- bli1ple ment is ter, the central government may require a national service tribu- of tec:cicil nal to report what teclinical personnel, whether employed in an r::s'!t~~~r!i establishment or not, is available within its jurisdiction for employ- serloo ment in the national service and m:iy by order in writing,-(a)" require the employer in any establishment by which such 20 teclmical personnel is employed to release such personnel as may be specified in the order, for employment in the national service; (b) direct any technical personnel to undertake such employment in the national service as may be specified in the order; (c) direct that any technical personnel engaged in any establishment under conditions not amounting to employment in the national service shall, for the purposes of sub-section (8), be deemed to have been taken into employment in the national service; and (d) require any notified establishment, notwithstanding that it has not made any application under section 22, to take into its employment such technical personnel within such period as may be specified in the order (2) notwithstanding anything in sub-section (1), a national service tribunal may-35 (a) exercise the powers conferred on the centralgovernment by clauses (a) and (b) of sub-section (1); (b) require by order any employer to give training in his establishment to persons for qualifying them as technical personnel; 2029 (b)ls-4 te) <urect by order technical personnel to present themaelvlti at such place and tlme as may be lij)ecified in the order for interview or inquiry, and if so required, for submission to a test of their technical skill (3) any order made by the central government under sub-sec-5 tic;m (1) and by a national service tribunal under sub-section (2) ihall be complied with within such period or on such date as may be'specified in thi6 behalf in the order (4) ,the central government or, as the case may be, a national service tribunal, may, by order in writing, transfer technical per- 10 lodllel from one form or place of employment in the national service to another; and the employer and the personnel concerned shall comply with such order ,v') n:o pel:son included in the definition of technical personnel, who "h~s' been directed tl) undertake employment in the national is ~ce "9rt transferred from one form or place of employment to ~oiher under the foregoing provisions, shall be disch8l"ged from or leave 'his ~mployment in such service unless the emj?loyer or person concerned has previously obtained the permission of the central government or, as the case may be, of the national service tribunal 20 (6) any person included in the definition of technical personnel who is required to undertake employment in the national service or ~errecl from one form or place of employment to another under the foregoing provisions of this section, may be required by the central government, or, as the case may be, the national service 2s '1'd~urial concerned, to submit himself tt be examined by such medical authority as may be prescribed ' (7) an appeal shall lie to the central government against any order passed by a national service tribunal under this section and the d~ision of the central government shall be final 30 (8) the terms of service of technical personnel taken into employment in the national service shall be such as may be prescribed: provided that any rights which such technical personnel may have under the provident or superannuation fund or other scheme relating to gratuity, bonus or other benefit for the adv8iltage of 35 ,e~ployees maintained by the establishment from which they are released shall be preserved reintat~meot u (j)every person who was employed in his foiljler employment otherwise than in a probationary or temporary capacity and whose employment in the national se~ice has not befm ~ated 40 by djsmissal for serious misconduct shall, on his release from such employment in the national service, be entitled to be reinstated in his former employment, in accordance with such conditions as may ~ prescribed: 5 provided that in determining such conditions regard shall be had to the additional skill and experience acquired by him in the course of his emplolment in the national service (2) the central government may ity rules mad~ in this behau provide for the appointment of technical personnel (reinstatement) 10 tribunals to deal with such matters in relation to reinstatement of persons releaed from employment in the natioaal viae _"'irq be pntkriw 15 (1) subject to any rules made in this behalf, a national ser- relinqwoflhment vice tribunal may require any establishment (including a' notified employment is establishment) to post before a specified date and to keep postedl on ~l' disml::j its premises notices intimating thatertggement by establish-(a) no person included within the definition of technical me~t or, personnel who is employed in the establishment shall at any time ~~n:r~l after the posting of the notice, leave his employment without 20 the previous permission in writing of the national service tribunal; (b) if the national service tribunal refuses such permission, that tribunal may lay down, subject to the prescribed conditions, the terms of service on which the employer- shall continue to retain him in employment; (c) if any such person leaves his employment without the previous permission in writing of the tribunal as aforesaid he may be d~rected by the tribunal to return to his employment (2) after notices referred to in sub-section (1) have been posted 30 on the premises of any establishment (including a notified establishment), no employer in the establishment shall engage, discharge or dismiss any person included in the definition of technical personnel except in accordance with rules made in this behalf 28 (1) whoever coniravenes any order of the central govern- penalties 35 m~nt or o~ a national service tribunal made under sectio~ 23 or ~~~ure prnwllfully fads to comply with any summon6, requirement, direction or order issued or made by the central government or by a national service tribunal under any other provision of this chapter shall be punishable with imprisonment for a term not exceeding six months, ,,0 or with fine not exceeding one thousand rupees, or with both (2) no court shall take cogniizance of any offence punishable ujlcler sub-section (1) except with the previous sanction in writing~-(4) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or'direction of the central government," of the central government; s (b) in the case of contravention of any order or' any wilful failure to comply with any summons, requirement'ior direction of a national service tribunal, of the national service tribunal (3) notwithstanding anything contained in the code of criminal 10 procedu:n!, 1898, an offence punishable under sub-section (1) shall , of iier be cognizable (4) no court inferior to a presidency ~gistrate or a magistrate of the first class shall try any offence punishable under subsection (1) is service 27 any summons, notice, requirement, direction or order issued ~~n::nona, made or given to any person under this chnpter may be served onler" etc by being sent by post addressed to that pel',"on at his last known residence power to 28 (1) the central government may by notification in the ~o m au rules official gazette, make rules for carrying out the purposes of this chapter (2) without prejudice to the generality of the foregoing power, such rules may prescribe-(4) the occupations which shall be notifled occupations for 2s the purposes of this chapter; (b) the composition, powers and procedure of national service tribunals; (c) the technical personnel, which ~y be taken into the employment of any notified establishment under sub-section 30 (2) of section 22 and the period within which and the terms and eonditioll$ on which such personnel shall be so taken; (d) the medical authority before whom any person may be l'equired to submit himself for examination under sub- 35 ~ion (i)) of section 23: (e) the terms of service of techni,cal personnel taken into employment in the national aerv1cej (t) the conditions in accordance with which persons released from employment in the national service may be reinstated in their former employment; - (g) the appointment of technical personnel (reinstate-s ment) trihunals and the matters in relation to reinstatement which such tribunals may be required to deal with; (h) the provisions relating to engagement, discharge or dismissal of persons by any employer in any establishment on the premises of which notices have been posted under sub-10 section (1) of section 25: (i) any other matter which may be prescribed or which is to be provided for by rules (3) any rule maoo under this chapter may ,provide that a contravention of the rule shall be punishable with imprisonment i!5 for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both chapter vi requisitioning and acquisition of immovable property29 (1) notwithstanding anything contained in any other law ~eq~isj-20 for the time being in force, if in the opinion of the central govern- f~~~~ableor ment or the state government it is necessary or expedient so to do property for securing the defence of innia, civil defence, public safety, maintenan<;e of public order or efficient conduct of military operations, or for maintaining supplies and services essential to the life 25 of the community, that government may by order in writing requisition any immovable property and may make such further orders as appear to that government to be necpssary or expedil'nt ~n connection with the requisitioning: provided that no property or part thereof which is exclusively 30 used by the public for religious worship shall be requisitioned (2) the requisition shall be effected by an order in writing addressed to the person deemed by the central government or the ~tate government, as the case may be, to be the owner or person in possession of the property, and such order shall be servedfn the 3s prescribed manner on the person to whom it is addressed (3) whenever any property is requisitioned under sflh-s£>ction (1), the period of such r'!!quisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-lection pensa,io""l 30 whenever in pursuance of section z9 the ceiltral govenament or the state government, as the ease may be, requisitiolls any immovable property there shall be paid to the person interested compensation the amount of which shall be d~termined by 'takin, into consideration the following, namely:-s (i) the rent payable in respect of the property or if no rent is payable, the rent payable in respect of similar property in the locality; (ii) if in consequence of the requisition of the property the person interested is compelled to change his residence or places 10 of business, the reasonable expenses (if any) incidental to such eh"ge: provided that where any person interested being aggrieved by the amount of compensation so determideti makes an application within the prescribed time to the central govemment 15 or the state government, as the cale may be, for referring the matter to an arbitrator, the amoant of comped"saticm to be' paid shall be such as the arbitrator appointed in this behalf by the central government or the state government, as the case may be, may determine: 20 provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, i" shall be referred to an arbitrator appointed in this behalf by the central government or the state government, as the case may be, for determination, and shall be 25 deterniined in accordance with the decision of such arbitrator expzanation-in this section, the expression "person interested" means the person who was in actual possession of the property requisitioned under section 29 immediately before the requisition, or where no person was in such actual possession, the owner of such 30 property }jower 10 obtain information and give direction 31 the central government or the state government, as the case may be, may, with a view to requisitioning any property under section 29 or determining the compensation payable under sectioti 30, by order-35 (a) require any person to furnish to the authority meritloned therein such information in his possession relating to any property as may be specified; ·(b) direct that the owner, occupier or the person in possession of the property shall not, without the permission of govern- 40 menl, dispose of it or where it is a building, structurally alter it till the expiry of such period as may be speelfted in th~ order 32 any person authorised in this behalf by the central govern- power of ment or the state government, as the case may be, may enter into :~~y i::" any inunovable property and inspect such property for the purpose of pection of, determining whether, and if so in what manner, an order under section ~~:perty, s 29 should be made in relation to such property or with a view to securijlg compliance with any order made under that section 33 (1) any person remaining in possession of any requisitioned eviction property in contravention of any order made under section 29 may ~r:i:tioderr be summarily evicted from the property by any officer empowered property loin this behalf by the central government or the state government, as the case may be (2) any officer so empowered may, after giving to any woman not ~ppeapng in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any is building or do any other act necessary for effecting such eviction 34 if any person contravents any order made under section 29 ~cn8lty - ,or collor section 31, he shall be punishable with imprisonment for a term travenwhich may extend to one year, or with fine, or with both ~~; of order regarding requisitioning 35 (1) where any property requisitioned under section 29 is rele~~ f~oid :ao to be released from such requisition, the government by which or requisition under whose authority the property was requisitioned or any person generally or specially authorised by it in this behalf may, after such inquiry, if any, as it or he may in any case, consider necessary to make or cause to be inade, specify by order in writing the person to 2s whom possession of the property shall be given (2) the delivery of possession of the property to the person specified in the order under sub-section (1) shall be a full discharge of the government from all liabilities in respect of the property, but shall not prejudice by any rights in respect of the property which 30 any other person may be entitled by due process of law to enforce against the person to whom possession of the property is delivered 36 (1) any immovable property which has been requisitioned acquisiunder section 29 may, in the manner hereinafter provided, be acquired tion of in the circumstances and by the government specified below, ~i::::t namely:-prop~rty 35 ~ (a) where any works have, during the period of requisition, been constructed on, in or over the property wholly or partly at the expense of any government, the property may be acquired by that government if it decides that the value of or the right to use, such works shall, by means of the acquisition of the pr~ perty, be preserved or secured for the purposes of any government~ or (b) where the cost to any government of restoring the 5 property to its condition at the1time of its requisition as aforesaid would, in the determination of that government, be excessive having regard to the value of the property at that time, the property may be acquired by that government (2) when any government as aforesaid decides to acquire any jo :immovable property, it shall serve on the owner thereof or where the owner is not readily traceable or the ownership is in dispute, by publishing in the official gazette, a notice stating that the government has decided to acquire it in pursuance of this section (3) where a notire of acquisition is served on the owner of the 15 property or is publis~ in the official gazette under sub-section (2), then, at the beginning of the day on which the notice is so served or published, the property shall vest in the government free from any mortgage, pledge, lien or other similar encumbrances and the period of requisition thereof shall come to an end 20 (4) any decision or determination of a government under subsection (1) shall be final, and shall not be called in question in any court (5) for the purposes of this section, "works" includes every description of buildings, structures and improvements of the pr~ 25 perty com pen· 37 (1) the compensation payable for the acquisition of any prosation fot natty under section 36 shall beacquisi--tion of re· qui~itioned property (a) the price which the requisitioned property would have fetched in the opt'n market if it had remained in the same con- 30 dition as it was at the time of requisitioning and been sold on the date of acquisition, or (b) twice the price which the requisitioned property would have fetched in the open market if it had been sold on the date of the requisition, whichever is less 35 (2) where the owner of any property acquired wider section 36 is aggrieved by the amount of compensation determined in aecor· dance with sub-sed ion (1), he may make an application within the prescribed time to the central government or the state government, as the case may be, for referring the matter to an arbitrator appoint- 40 ed in this behalf by the central government or the state government, and the amount of compensation to be paid shall be such as may be determined by the arbitrator in accordance with sub-section (1) ~ i 5 (3) where there is any dispute as to the title to receive the com-~~tion or as to the apportionment of the amount of compensation, it shall be referred to an arbitrator appointed in this behalf by the central government or the state government, as the case may be, for determination, and his decision thereon shall be final 10 38 (1) the central government or the state government as the p , ower to case may be, may by notification in the official gazette, make rules make ruin for carrying out the purposes of this chapter (2) in particular, and without prejudice to the generality of the foregoing powers, such rules may prescribe-15 (a) the procedure to be followed in arbitration proceedings under this chapter; (b) the period within which the owner of any property or any other person interested in the amount of compensation may apply to the government concerned for referring the matter to 20 an arbitrator; (e) the principles to be followed in apportioning the costs of proceedings before the arbitrator; (d) the method of payment of compensation; (e) the manner of service of notices and orders; 25 (f) any other matter which has to be, or may be, prescribed 39 any property referred to in sulb-section (2) of section 24 of certain 30 of 195z the requ~sitkming and acquisition of immovable property act, 1952, ~~c:ca which continued, immediately before the commencement of that tio~cd under act, to be subject to requisition under the requisitioned land l:v~ be of 19471 30 (continuance of powers) act, 1947, and has not, immediately before deemed to ' the commencement of this act, been released from requisitioning :nc~quii', shall, notwithstanding anything contained in any other law for the under thie f d t d d f rt chapter time being in orce or in any ju gmen, ecree or or er 0 any cou , be deemed to be the property requisitioned under sub-section (1) of 35 section 29 if such property is, in the opinion of the central govemment, now required for any of the purposes specified in that subsection: provided that-(a) all agreements or awards for the payment of compen-40 satioll in respect of any such property for any period of requisitiod before the commellcement of this act and in force immel diately before such commencement, shan continue to be in force 2029 (b)ls-5 ud shan apply to the payment of compellsation ill respect of that property for any period after such commencement , 3 or 19:13 17 of 1947 (b) anything done or any action taken (including any orders, notifications or rules made or issued) under the requisitioning and acquisition of immova'ble property act, 1952, or" under the 5 requisitioned land (continuance of powers) act, 1947, and continued' under the first-mentioned act, shall, in so far as it is not inconsistent with the provisions of this chapter or any rules 0:- orders made thereunder, be deemed to have been done or taken under this chapter 10 chapter vii supplementalpower dele,ate to 40 (1) the central" government may, by order, direct that any power or duty which by this act or by any rule made under this act is conferred or imposed upon the central government shall, in such 15 circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also-(a) by any officer or authority subordinate to the central government, or"' (b) whether or not the power or duty relates to a matter 20 with respect to which a state legislature has power to make laws, by any state government or by any officer or authority subordinate to such government, or ," (c) by any other authority (2) the state government may, by order, direct that any power 25 or duty wlhich by this act or by any rule made under this act is conferred or imposed on the shte government or which, being by this act or any such rule conferred or imposed on the central government, has been directed under sub-section (1) to be exercised or discharged by the state government, shall, in such circumstances and ~o under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority not being (except in the case of a union territory) an officer or authority subordinate to the central government rules to be "41 every rule made under this act shall be laid, as soon as may 3s iraid berorer be after it is made, before each house of parliament while it is in ouaes 0 1 lod f th " h b d parliament session for a tota per 0 irty days whlc may" e comprise 10 one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the 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 annul-s ment shall be without prejudice to the validity of anything previously done under that rule 42 (1) except as may be provided in this act or in any rule iurisdicmade thereunder or in any order made under any such rule by the tiod~ of ot" mary central government or the state government or by an officer not courts 10 below the rank of collector empowered under sub-section (1) or sub-section (2) of section 40 to make such order, the ordinary criminal and civil courts shall continue to exercise jurisdiction (2) for the removal of doubts, it is ~ereby declared that any provision in any such rule or order as aforesaid to the effect that the is decision of any authority not being a court shall be final or conclusive shall be a sufficient excepting provision within the meaning of subsection (1) , 43 the provisions of this act or any rule made thereunder or any effect of ac order made under any such rule shall have effect notwithstanding and rules,t h h t' d' ct t th etc, mcon-20 anything mconslstent t erewit con arne many ena men 0 er sistent with than this act or in any instrument having effect by virtue of any other en-' actments enactment other than this act m any authority or person acting in pursuance of this act shall ordinary interfere with the ordinary avocations of life and the enjoyment of avoca-1· i b t 'th th f' g tions of 2s property as itt e as may e consonan wi e purpose 0 ensurrn life to be the public safety and interest and the defence of india and civil interfered defence with as little as possible 45 (1) no order made in exercise of any po~r conferred by or savings as under this act shall be called in question in any court to orders 30 (2) where an order purports to have been made and signed by any authority in 'exercise of any power conferred by or under this act, a court shall, within the meaning of the indian evidence act, i of 1872 ; 1872, presume that such order was so made by that autoority 46 unless otherwise expressly provided in any rules or orders ch made under chapter iii, nothing contained in that chapter or any ii iar:~~ to 35 such rules or orders shall apply to the armed forces of the union apply to or to any measures taken by any of the authorities in control of the ~e:urel for armed forces for the purpose of securing the defence or safety of tthcte·o pto-f e i n 0 such forces or for the protection of any naval, military or atl' force armed st 11 t' forces 40 m a a ions ,~ (1) no suit, prosecution or other legai proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder or any orders issued under any such rule (2) save as otherwise expressly provided under this act, no suit 5 or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this act or any rule made thereunder or any order issued under any such rule repeal add u (1) the defence of india ordinance, 1962, and the defence ~f 104 of 196z uyldi india (amendment) ordinance, 1962, are hereby repealed 60fl96z (2) notwithstanding such repeal, any rules made, anything done or any action taken under the defence of india ordinance, 1962, as 4 of j96z amended by the defence of india (amendment) ordinance, 1962 6 of j96z shall be deemed to have been made, done or taken under this act as 15 if this act had commenced on the 26th october, 1962 the bill seeks to replace with a few changes the defence of india ordinance, 1962 [as amended by the defence of india (amendment) ordinance, 1962] promulgated by the president on the issue of the proclamation of emergency on the 26th october, 1962 the principal changes introduced in the bill relate to employment of technical personnel in the national service and a few additional matters in sub-clause (2) of clause 3 lal bahadur new delhi; the 11th november, 1962 items (1), (8), (10), (11), (20), (26), (27), (28), (30) (35), (46), (48), (50), (51), (52), and (54) of sub-clause (2) of clause 3, and also clauses 7 (1), 8 (1), 13 (1), 21, 24 (2), 30, 37 (1) and sub-clause (a) of the proviso to clause 39 are likely t'o involve expenditure measures indicated in other items of sub-clause (2) of clause 3 being mostly of a preventive or regulatory nature may not involve extra expenditure unless it becomes necessary to enforce them on a wide scale the quantum of expenditure involved will lergely depend on the nature and size of measures that may have to be taken, from time to time, to meet the emergency it is, therefore not possible to assess the magnitude of the expenditure with any degree of accuracy, nor is it possible to indicate how much of this would be met from the consolidated fund of india clauses 3, 12, 28 and 38 of the bill confer rule-making powers on the central government clause 38 confers such powers also on the state governments the delegation of powers under clause 38 is for regulating procedural matters and is normal in character the other provisions, particularly clause 3, confer" somewhat wide rulemaking powers on the central government to deal with the present emergency, the central government should have sufficient powers to take such action as may be necessary or expedient and clothe itself with adequate legal authority to take such measures the delegation of powers under clauses 3, 12 and 28 is thus normal in character during a period of emergency extracts from the indian official secrets act, 1923(19 of 1923) - - - - - \vron8f~ 5 (1) if any person having in his possession or control any communi-t ffi' i d cation, etc, secre 0 cia co e or pass word or any sketch, plan, model, article, of wor- note, document or information which relates to or is used in a matton h'b't d i i pro lie p ace or re ates to anything in such a place, or which has been made or obtained in contravention of this act, or which has been entrusted in confidence to him by any person holding office under government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under government, or as a person who holds or has held a contract made on behalf of government, or as a person who is or has been employed under a person who holds or has held such an office or contract-(a) wilfully communicates the code or pass word, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it, or a court of justice or a person to whom it is, in the interests of the state, his duty to communicate it; or (b) uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the sefety of the state; or (c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof; or cd) fails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or pass word or information; he shall be guilty of an offence under this section, - - - - - (4) a person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both - - - - - - s of 1898 lz notwithstanding anything in the code of criminal proce- power to dure, 1898,-arrest (a) an offence punishable under section 3 or under section 3 read with section 9 with imprisonment for a term which may extend to fourteen years shall be a cognizable and non-bailable offence; (b) an offence under clause (a) of sub-section (1) of section 6 shall be a cognizable and bailable offence; and (c) every other offence under this act shall be a noncognizable and bailable offence, in respect of which a warrant of arrest shall ordinarily issue in the first instance - - - - - extracts from the aircraft act 1934 (22 of 1934) - - - - - 5 - - - - - power of centra government to (2) without prejudice to the generality of the foregoing such rules may provide forpower make rule • - - - - - (r) any matter subsidiary or incidental to the matters referred to in this sub-section - - - - - 8 (1) any authority authorised in this behalf by the central power to detain government may detain any aircraft, if in the opinion of such aircraft authority-ca) having regard to the nature of an intended bight, the flight of such aircraft would involve danger to persons in the' aircraft or to any other persons or property; or (b) such detention is necessary to secure compliance with any of the provisions of this act or the rules applicable to 8uch aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (h) or clause (i) of sub-section (2) of section 5 - - - - - 2029(b)ls--6 ena~ ty for 11 whoever wilfully, flies any aircraft in such a manner as to :~ ng ~~s:s cause danger to any person or to any property on land or water or danger in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to one thousand rupees, or with both - - - - - power of 13 where any person is convicted of an offence punishable court to d order forun er sub-section (1) of section 10 or under any rule made under f eiture clause (i) of sub-section (2) of section 5, the court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to government - - - rules to be 14 any power to make rules conferred by this act is subject to made after the condition of the rules being made after previous publication for publica-( ion a period of not less than three months - - - - - extracts from the payment of w ages act, 1936 (4 m' 1936) - - - - 7 (i) - - deductions which may be made from wages (2) deductions from the wages of an employed person shall be, made only in accordance with the provisions of this ~ct, and may be of the follo~ing kinds only, namely:-(a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for lobs of money for which hi2 is required to account, where such damage or loss is directly attributable to his neglect or default; (d) deductions for house-accommodation supplied by the employer or by government or any housing board set up under any law for the time being in force (whether the g:overnment or the boord is the employer or not) or any other authority engaged in the business of subsidising house-accommodation which may be specifled in this behalf by the state government by notification in the oftlcial gazette; (e) deductions for such amenities and services supplied by the employer as the state government may, by general or special order, authorize; explanation-the word "services" in this sub-clause does not include the supply of tools and raw materials required for the purposes of employment (1) deductions for recovery of advances or for adjustment of over-payments of wages; (g) deductions of income-tax payable by the employed person; (h) deductions required to be made by order of a court or other authority competent to make such order; 19 of 1925 ii of 1922 (i) deductions for subscriptions to, and for repayment of advances from any provident fund ·to which the provident funds act, 1925, applies or any recognized provident fund as 'defined in section 58a of the indian income-tax act, 1922, or any provident fund approved in this behalf by the state government, during the continuance of su~h approval; (j) deductions for payments to co-operative societies approved by the state government or to a scheme of insurance maintained by the indian post office; and (k) deductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the life insurance corporation of india established under the life insurance corporation act, 1956, or for the purchase of securities of the government of india or of any stute government or for being deposited in any post office savings bank in furtherance of any savings scheme of any such government - - - - - a bill to provide for special m~asures to ensure the public safety and interest, the defence of india and civil defence and for the trial of certain offences and for matters connected therewitb the president bas, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the consideration of the bill mn kaul, secretary (shri la[ bahadur'"shastri, minister of home affairs) | Parliament_bills | 54aeba3d-9a80-5f02-bb22-50aaedbe9371 |
bill no xxv of 2013 the motor vehicles (amendment) bill, 2013 a bill further to amend the motor vehicles act, 1988be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the motor vehicles (amendment) act, 2013short title and commencement(2) it shall come into force at onceamendment of section 18359 of 198852 in the motor vehicles act, 1988 (hereinafter referred to as the principal act), in section 183 for sub-sections (1) and (2), the following sub-sections shall be substituted, namely,—10"(1) whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to rupees five thousand, or with both, and for any second or subsequent offence with imprisonment for a term which may extend to three years, or with fine which may extend to rupees ten thousand, or with both and if such an act results in the death of any person, the convict shall be punished with life imprisonment5(2) whoever causes any person who is employed by him or is subject to his control to drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to rupees five thousand, or with both, and for any second or subsequent offence with imprisonment for a term which may extend to three years, or with fine which may extend to rupees ten thousand, or with both and if such an act results in the death of any person, the convict shall be punished with life imprisonment" 3 in section 184 of the principal act,—amendment of section 18410(a) for the words "imprisonment for a term which may extend to six months orwith fine which may extend to one thousand rupees", the words, "imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees" shall be substituted;15(b) for the words, "imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both", the words, "imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both and if such an act results in the death of any person, the convict shall be punished with life imprisonment" shall be substituted 4 in section 185 of the principal act,—amendment of section 18520(a) for the words "imprisonment for a term which may extend to six months orwith fine which may extend to two thousand rupees or with both", the words, "imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both" shall be substituted;25(b) for the words, "imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both", the words, "imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both and if such an act results in the death of any person, the convict shall be punished with life imprisonment" shall be substituted30amendment of section 1865 in section 186 of the principal act, for the words "with fine which may extend to two hundred rupees and for a second or subsequent offence with fine which may extend to five hundred rupees", the words," with fine which may extend to one thousand rupees and for a second or subsequent offence with fine which may extend to five thousand rupees and if such an act results in the death of any person, the convict shall be punished with life imprisonment" shall be substituted6 after section 186 of the principal act, the following shall be inserted, namely,—35insertion of new section 186a40punishment for not wearing protective head gear"186a whoever fails to comply with the provisions of section 129 shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with fine which may extend to rupees two thousand, or with both, and for any second or subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to rupees five thousand, or with both" statement of objects and reasonsthere has been a sharp rise in the number of two wheelers on the roads the majority of them are high end bikes capable of attaining high speeds in short time in the majority of the accidents involving the two-wheelers, it has been observed that the fatality could have been avoided, if the drivers and companion had been wearing helmets it is very strange that though the people purchase expensive bikes, yet they are not ready to invest in purchasing a helmet which can save lives in an accident in this connection, the deterrence provided by way of fine in the motor vehicles act, 1988 is too low and has filed to instill discipline among the two-wheeler drivers regarding compulsory wearing of helmets while drivingsimilarly, there has been a sharp increase in the number of other four wheeler vehicles on the roads the new vehicles coming on the roads are again capable of reaching high speeds in seconds, which at times pose great danger to other vehicles and pedestrians as well who also use roads at the same time the owners of these high end vehicles are elite and affluent who drive these vehicles dangerously specially after consuming alcohal as for them the punishment provided in the motor vehicles act, 1988 is meagre and thus does not act as an effective deterrentthe offences of causing death by rash and negligenc driving are a matter of grave public concern and are among the most difficult cases for courts to decide quantum of imprisonment there is a growing perception among public that punishment in such cases which come after a long time, is very lenient thus, it is felt that the fine and punishment in the motor vehciles act, 1988 for offences of driving two wheelers without helmets, causing death by rash and dangerous driving or driving under the influence of alcohol or other intoxicants may be raised substantially so that besides being more deterrent it can instill a sense of discipline among the drivershence this billmansukh l mandaviya annexure extracts from the motor vehicles act, 1988 (59 of 1988) chapter xiii offences, penalties and proceduredriving at excessive speed, etc183 (1) whoever drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees(2) whoever casues any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees, or, if having been previously convicted of an offence under this sub-section, is again convicted of an offence under this sub-section, with fine which may extend to five hundred rupeesdriving dangerously184 whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment of a term which may extend to six months or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both185 whoever, while driving, or attempting to drive, a motor vehicle ,—(a) has, in his blood, alcohol exceeding 30 mg per 100 ml of blood detected in a test by a breath analyser, or driving by a drunken person or by a person under the influence of drugs (b) is under this influence of a drug to such an extend as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years , or with fine which may extend to three thousand rupees, or with bothexplanation— for the purposes of this section, the drug or drugs specified by the central government in this behalf, by notification in the official gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicledriving when mentally or physically unfit to drive186 whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to casue his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to two hundred rupees and for a second or subsequent offence with fine which may extend to five hundred rupees rajya sabha———— a billfurther to amend the motor vehicles act, 1988————(shri mansukh l mandaviya, mp)gmgipmrnd—1071rs(s4)—11072014 | Parliament_bills | bff5ea58-586e-5693-8bbf-9fd20f04217e |
bill no 40 of 1918 the appropriation (railways) ~o 3 bill, 1978a bill to ~ for the ~thorisation crt approp'li4tioit of moneys out of t1ie consolidated fund of india to meet the amounts spent on certain services for the pu1p06es of railways during the financial year ended on the 31st day of march, 1976, in excess of the amounts granted tot those services and for that year be it enacted by parliament in the twenty-ninth year of the republic of india 85 follows:-short t:tle 1 this act may be called the apprqpriation (railways) no3 act, 1978 5 2 ,from and out of the consolidated fund of india, the sums 'specified in column 3 of the schedule amounting in the aggregate to the sum of eighty-five crores, seventy-eight lakhs fitty-nine thousand, one hundred and fifty-four rupees shall he'deemed to have been authorised to be paid and applied to 'meet the amount spent for defraying the charges in res-10 peet of the services relating to railways specified in column 2 of the schedule during the financial year ended on the 31st day of march, 1976 in excess of the amounts granted for those services and for that year lfibue ot rs 85,7859 154 out of the consolidated fund of india to meet certain r:xpenditure tor the year ended on the ~ljt lion 3 the sums deemed to have been authorihd to be p8~ and apj))iild' :£rom and out of the consolidated fund of india under this act shall be j 5 deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 1976 3 no of vote services and purposes s urns aggregating to i----,----i----· 5 i total voted by parliament charged on the col\llolidated fund 10 lu lu lu 3 i payments to workt'd lines and others 5 working expenl-rt'pain and maintenance 13,110,57453 6 working expenses-operating staff 1,71,17,592 1,7117592 7 working expenses-operation (fuel) 6,51,70,848 6,5 17°848 8 ~rking expenses-operation other than staff and fuel 9 working expenses-miscellaneous ex· penses working expens~slafr welfare 10 open line works (revenul') '2 ':l,~ 46,03,7 1,860 25 15 open line worb-capital, de· preciation reserv!' fund and de ; vclopment fund 46•03,7 1,860 i 4,22,16919 pensionary ~pension fund 16 4,22,16,919 i 17 iii repayment of loallll from general revenues and interest tbereon-development fund - i accident compen'! appropriation to i8tion safety amenities fund and p_enger total i i 30 1308•214 ! • i' 1308,1114 85760!z277 --,-s-6',811 -s-5,-7-s,-sg,-j54--=-i statement of oi;jjects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriation charged on the fund and the grants made by the lok sabha for expenditure of the central government on railways for the financial year ended on the 31st 'day of march, 1976 madhu dandavate president's recommendation under article 117 of the constitution of india-[copy of letter no 78-b-403, dated the 7th march, 1978 from prof madhu dandavate, minister of railways to the secretary, lok babha] the president, having been informed of the subject matter of the proposed appropriation bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the funds and the excess grants made by lok babha for 1975-76, recommends under clauses (1) and (3) of article 117 of the constitution the introdllction in and consideration by lok sabha of the appropriation bill r 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, 1976, in excess of the amounts granted for those services and for that year (pf'of madhu dandatntte, minutef' of railways) | Parliament_bills | 1d41b233-60c9-5293-a59a-6bfca4aaab6f |
dol no 135 of 1j8s the cof)'ee (ajvn:ndment) bill, 1985 a billfurther to amend the coffee act, 1942 be it enacted by parliament in the thirty-sixth year of the republic of india as follows:-1 (1) this act clay be called the coffee (amendment) act, 1985 (2) it shall come into lorce on such date as the central government 5 may, by notification in the oftlcial gazette, specify short title and commencement '1 of 1m2 amendmentof section 11 2 in the coffee act, 1942 (hereinafter referred to 88 the principal act), in section 11, for the words "eleven rupees and eighty naye paise", the words "fifty rupees" shall be substlt1,1ted 3 in section 12, of the principal act, for the warda "eleven rupees ie and eighty naye paise", the words "fifty rupees" shall be substituted amend-jqentof section 12 amend-4 in section 13 of the principal act, for sub-section (3), the followingment of sub-section shall be substituted, namely:-section 13 "(3) the provisions of the customs act, 1962, and the rules and regulations made thereunder, shall, as far as may be, apply in 52 of 1962 relation to,-5 (a) the refund of the duty of customs where coffee is exported and subsequently imported into india; and (b) the export, without payment of the duty of customs, of coffee which is subsequently to be imported into indiau - s in section 48 of the principal act, for sub-section (3), the follow- 10 ing sub-section shall be substituted, namely:-ameddment of 8ection fa "(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 ci')j11-prised in one session or in t~o or more successive sessions, and if, 15 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, how~ver, 20 that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" the present rate of the duty of customs and the duty of excise on coffee has reached the ceiling of rs 1180 per quintal each fixed under section 11 and section 12 of the coffee act, 1942 these rates have been in vogue since 16-12-1977 the proceeds of the duties of customs and excise levied under the act form part of the consolidated fund of india and after being reduced by the cost of collection and after appropriation by law by parliament are paid to the coftee board for being utilised for the purposes of the act the' elcplenditure by the board during the recent years has increased considerably due to increase in the plan and non-plan activities of the board the board has taken up a number of new schemes relating to man-power development, pulping and hulling units, warehousing/storage, etc, besides continuing the existing development activities and research and extension programmes the proceeds of the two duties would not be sutlicient and, therefore, the cen~ tral government had to resort to grants-in-aid to meet the expenditure of the board during the financial year 1985-86 it is thus necessary to strengthen the financial position of the board it is, therefore, proposed to amend section 11 and 12 of the act to provide for a higher ceilidg of levy of duty of customs and duty of excise at a rate not exceeding rs 50 per quintal for each the actual op,erative rates of the two duties will, however, be fixed at such levels as may be su1ucient to generate fundi to meet substantial part of the ·budget expenditure of the board in future 2 the customs act, 1962 and the rules and regulations made thereunder contain elaborate provisions regarding the refund of,ud exemption from the pre-payment of, the duty of customs with regard to export of goods in general in the interest of uniformity and administrative convenience, it is proposed to make these provisions applicable also for purposes of refund of, and exemption from, the pre-payment of the duty of customs under the coffee act, 1942, with regard to export of coffee by substituting for sub-section (3) of section 13 of the act a new sub-section 3 opportunity is being availed of to substitute for the provision relating to laying of rules contained in sub-section (3) of section 48 a new provision on the lines recommended by the committees on subordinate legislation 4 the bill seeks to achieve the above objects new deim; vishwanath pratap singh the 17£1£ july 1985 (7 of 1~) - - - - - duty of customs 11 a duty of customs shall be levied on all coffee produced in india and exported from india at such rate not exceeding eleven rupees and eighty naye paise per quintal as may be fixed by the central government by notification in the official gazette duty of excise 12 a duty of excise shall be levied at such rate not exceeding eleven rupees and eighty aye paise per quintal as may be fixed by the central government by notification in the official gazette on all coffee whieh a registered estate is permitted by the internal sale quota allotted to it to sell in the indian market, whether such coffee is actually sold or not, and on all coffee released for sale in india by the board from the surplus pool - - providing, on 13 (j) - - (3) the central board of revenue may make rules such conditions, as maybe specified in the rules,for-(a) the refund of the duty of customs where coffee is exported by land and subsequently imported into india, and payment of proceeds of duties to the board and manner f realisation by the board (b) the export by land, without payment of the duty of customs, of coffee which is subsequently to be imported into india - - - - 48 (1) - - - - -power of tbecentral g0-vernment to makt" rules (3) every rule made by the central government under this act shall be laid as soon' as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, be10re the expiry of the session in which it is so laid or tbe session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule - - a bul further to amend the coftee act, 1942 (shri vishwanath pratap singh, minister of commerce) | Parliament_bills | 5919e8bd-c8be-59c0-9de6-67d92394d408 |
the national skills university bill, 2017 bydr kirit somaiya, mp—————— arrangement of clauses—————— clauses chapter i preliminary1 short title and commencement 2 declaration of national skills university to be institution of national importance3 definitions chapter ii establishment of national skills university4 agreement for establishment of national skills university 5 establishment of national skills university 6 national skills university as not-for-profit legal entity chapter iii national skills university7 objects of national skills university 8 autonomy, powers and functions9 national skills university open to all10 admissions to national skills university chapter iv authorities and officers of national skills university11 board of governors12 term of office of chancellor and members of the board 13 disclosure of interest by chancellor or member 14 powers and functions of the board of governors 15 the senate 16 powers and functions of senate 17 the vice chancellor 18 committees and officers of national skills university 19 the visitorclauses chapter v review of national skills university20 review of national skills university chapter vi grants, accounts and audit21 grants to skills university 22 statement of accounts 23 audit of accounts of national skills university 24 report of vice chancellor 25 audited statement of accounts to be placed before the board and published 26 annual report of national skill university 27 educational loans and credit guarantee chapter vii council of national skills universities28 council of national skills universities 29 term of office of members of council and their allowances 30 functions of council of national skills universities chapter viii miscellaneous31 proceedings not to be invalidated by vacancies32 returns and information 33 power of central government to make rules 34 power of board to make statutes35 power of senate to make ordinances 36 power to remove difficulties37 laying of rules and notifications before parliamentthe schedule bill no 42 of 2017 the national skills university bill, 2017 bydr kirit somaiya, mp a billto promote quality skill education in an integrated manner with higher education inthe context of the demographic dividend and meeting the qualified skill requirements of a growing national economy and for that purpose to address gaps in the institutional delivery framework in skill education by establishing national skills universities as institutions of national importance for imparting skill education and to develop qualified youth with skill proficiencies and standardised competencies around national principles and to provide for certain other matters connected with such institutions or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary2 whereas the objects of every national skills university, established under this act, are of national importance, it is hereby declared that every such skills university shall be an institution of national importancedeclaration of national skills university to be institution of national importance definitions3 in this act, unless the context otherwise requires,| 5 | ( ||-------------------------------------------------------------------------------------------|-----|| a | || ) "academic quality" means the quality of skills education, teaching and | || learning and includes physical infrastructure, human resources (including faculty and | || trainers), administration, curricula, skills training, admission, assessment and | || evaluation procedures, governance structures, and students job placements of the | || institution of skills education; | || 10 | ( || b | || ) "accreditation" with the grammatical variations means the process of quality | || control in skills education, whereby, as a result of evaluation or assessment or by | || any other scientific method, an institution of skills education or training establishment | || is recognized by it as conforming to specific parameters of academic quality and | || benchmarking of such academic quality determined by the national skills university; | || 15 | ( || c | || ) "affiliation" together with its grammatical variations, includes, in relation | || to an institution of skills education or training establishments either government | || or privately owned, recognition of such institution and training establishment by, | || association of such institution and training establishment with, and admission of | || such institution and training establishments to the privileges of, the national skills | || university; | 20 || 52 of 1987 | |(d) "all india council for technical education" means the all india council for technical education established under the all india council for technical education act, 1987;(e) "appointed day" means the date of establishment of the national skills university established under sub-section (1) of section 5;25(f) "appropriate government" means in respect of matters relating to the national skills university located in—(i) a union territory without legislature, the central government; or30(ii) the union territories with legislature, the government of the national capital territory of delhi or, as the case may be, the government of union territory of puducherry; or(iii) a state, the state government;(g) "appropriate state legislature" means such legislature of the state or union territory as has jurisdiction over the matter;35(h) "board", in relation to any national skills university, means the board of governors referred to in sub-section (1) of section 11;(i) "certificate" means such award granted by any national skills university certifying that the recipient has successfully completed a course of study of less than nine months duration;40(j) "chancellor" means the chancellor of the national skills university appointed under sub-section (3) of section 11;(k) "competency" means the ability to use acquired knowledge and learning and development of character for performing a job role successfully or efficiently;(l) "council" means the council of national skills universities established under sub-section (1) of section 28;45(m) "council of architecture" means the council of architecture constituted under the architects act, 1972;20 of 1972(n) "credit framework" means the framework, developed by the national skills university, built on measured units of education, skills and learning credits for a student to achieve the competency for performing a job role successfully or efficiently;510(o) "curriculum package" means the competency based curriculum packageconsisting of syllabus, textbooks, student's manual, trainers guide, training manual, assessment and evaluation guidelines and all such material, including electronic material, required to impart skills education and teaching to prepare a student to acquire the performance outcomes, skills and competencies required of a person engaged or likely to be engaged, in a particular job role;(p) "degree" means any such degree, as may be, with the previous approval of the central government and the national skills qualification committee, listed in the national qualifications register maintained by the national skills development agency;15(q) "diploma" means such award, not being a degree, granted by any national skills university certifying that the recipient has successfully completed a course of study of not less than nine months duration;59 of 1961(r) "indian institute of technology" means indian institute of technology incorporated as such by the institutes of technology act, 1961;202 of 1882 1 of 2013 21 of 186025(s) "industry partner" means an individual, or a trust established under the indian trusts act, 1882, or company established under the companies act, 2013, or society formed and registered under the societies registration act, 1860, or a combination of one or more of such industry partner, and providing, in partnership with an appropriate government, funds for capital investment for establishment of a national skills university and for its maintenance;102 of 1956(t) "indian medical council" means the indian medical council established under the indian medical council act, 1956;30(u) "national council for vocational training" means the national council forvocational training established by that name by the central government;29 of 2007(v) "national institute of technology" means an institution listed in the schedule to the national institutes of technology act, 2007;35(w) "national occupational standards" means national occupational standardsdeveloped by sector skill councils or by the national skills university concerned and defines the measurable performance outcomes, skills and competencies required of a person engaged or likely to be engaged, in a particular job role forming the benchmarks for education, training or recruitment for particular employments;(x) "national skill development agency" means the national skill developmentagency notified as such by the central government;40(y) "national skill development corporation" means the national skilldevelopment corporation notified as such by the central government;45(z) "national skill qualification framework" means the qualifications assuranceframework for skills, notified as such by the central government, based on national principles, organizing qualifications according to a series of levels of knowledge and skills defined in terms of learning outcomes regardless of how such knowledge skills or competency is acquired;(za) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(zb) "pharmacy council of india" means the pharmacy council of india established under the pharmacy act, 1948;8 of 1948(zc) "prescribed" means prescribed by rules made under this act;5(zd) "prospectus" includes any publication, whether in print or otherwise, issued for providing fair and transparent information, relating to a national skills university or an institution of skills education affiliated to it, to the general public (including those seeking admission in such institution) by such skills university or such institution;10(ze) "public private partnership" means such partnership which provides for establishment of a national skills university involving collaboration between the central government, appropriate government and the industry partner or industry partners;(zf) "schedule" means the schedule to this act;15(zg) "sector skill council" means such sector skill council recognised as such, by the national skills development corporation, for any sector of the economy, or a part of it;(zh) "senate", in relation to any skill university, means the senate thereof; (zi) "skills" means the qualification and competency achieved through education and learning for performing a job role successfully and efficiently;20(zj) "skills university" means any national skills university notified by the central government under sub-section (1) of section 5 and included in the schedule to this act;(zk) "statutes" and "ordinances", in relation to any institute, mean the statutes and ordinances of that skills university made under this act;25(zl) "vice chancellor" means the vice chancellor of the national skills university appointed under sub-section (3) of section 17; and(zm) "visitor" means the president of india chapter ii establishment of national skills university304 (1) the central government may, with the concurrence of an appropriate government, establish, either with or without public-private partnership, a national skills university in such state under this actagreement for establishment of national skills university35(2) for the purposes of establishment of a skills university in the public-private partnership mode, the appropriate government shall identify one or more industry partners for collaboration and submit a proposal to the central government in such form and manner as may be prescribed(3) for the purposes of establishment of a skills university without public-private partnership, an appropriate government shall submit a proposal to the central government in such form and manner as may be prescribed40(4) the central government shall examine the proposal, referred to in sub-section(2) or (3), on the basis of such criteria as may be prescribed and such criteria shall include the following, namely:—(a) the capital investment required for establishing the proposed skillsuniversity and its phasing;45(b) the expertise and standing of the industry partners referred to in sub-section (2);(c) the assessment of the capability and financial and other resources of the industry partners referred to in sub-section (2), if any, to support the skills university;(d) the availability of adequate land, free of cost, for establishment of theskills university;5(e) the availability of, or the commitment of the appropriate government tomake available, adequate physical and social infrastructure at the proposed site for establishment of the skills university;10(f) the commitment of the appropriate government and the industry partnersreferred to in sub-section (2), if any, for supporting the skills university after its establishment(5) the central government may suggest modifications to the proposal submitted to it under sub-section (2) or (3)15(6) the central government shall, on acceptance of the proposal, referred to in subsection (2) or (3), with modifications, if any, under sub-section (5), enter into an agreement with the appropriate government and the industry partners, if any, for the establishment of the proposed skills university, subject to the provisions of this act and the rules made thereunder(7) every agreement referred to in sub-section (6) shall contain,—(a) the name and location of the skills university in the state; (b) the appointed date on which the skills university shall be established;20(c) the capital investment in establishment of the skills university, therespective shares in such capital investment of the central government, appropriate government and industry partners, if any, and the phasing of such capital investment over a period of five years;(d) the first statutes of the skills university;25(e) the commitment of the central government, appropriate government andindustry partners, if any, in ensuring autonomy to the proposed skills university30(8) where a proposal submitted by the appropriate government under sub-section(2) or (3), with modifications, if any, under sub-section (5), is not acceptable to the central government, it shall communicate its decision to that appropriate government, specifying the reasons for such decisionestablishment of national skills university355 (1) on the agreement being entered into under sub-section (6) of section 4 for the establishment of the skills university, the central government shall, by notification, include in the schedule, such skills university with such name, location and such appointed date, as may be specified in the notification; and different notifications may be issued for different skills universities40(2) on and from the appointed day, each skills university as may be established under sub-section (1) shall be a body corporate by such name as is indicated in the schedule, having perpetual succession and a common seal, with power to acquire, hold and dispose of the property, both movable and immovable, and to contract, and shall, by that name, sue or be sued6 every skills university shall be not-for-profit legal entity and no part of the surplus, if any, in revenue of such skills university, after meeting all expenditure in regard to its operations under this act, shall be invested for any purpose other than for the growth and development of such skills university or for the attainment of its objects chapter iii national skills university7 the objects of every skills university shall be to—objects of national skills university5(a) emerge as one amongst the foremost institutions of quality in skills educationrecognised by industry, nationally and internationally;(b) develop qualified youth with skill proficiencies and competencies at differentlevels built on national principles of skills education;(c) promote skills education in an integrated and holistic manner with highereducation so as to ensure pathways for progression and mobility across forms of education and skills;10(d) provide opportunities for flexible learning systems and provide a mediumfor lifelong learning and skill development;15(e) engage and promote constant engagement with industry to understand theskilled manpower needs of industry and build partnerships for youth to learn in a practical and real-world environment;(f) develop competent, skilled and capable youth imbued with skills, learningand the spirit of entrepreneurship to meet the skilled employment needs of the country and the world;(g) promote and maintain transparency of the highest order in matters ofadmission, appointments, evaluation, accreditation, administration and finance208 (1) every skills university shall comply, except in so far as may be specifically provided for in this act, with the national skills qualification frameworkautonomy, powers and functions(2) every skills university shall have autonomy in financial, administrative and academic matters in regard to the attainment of its objects25(3) subject to the provisions of this act, every skills university shall have autonomy in the exercise the following powers and functions, namely:—(a) to recognise, in such manner and in accordance with such parameters asmay be specified by its statutes, institutions of skills education or training establishments and affiliate such institutions and training establishments;30(b) to develop credit framework in accordance with the national occupationalstandards developed by such body as may be specified, by or under, the national skills qualification framework;(c) to develop curriculum packages for each level and each skill as may bedefined, by or under, the national skills qualification framework;35(d) to define norms and parameters of skills education, teaching and instruction,consistent with the credit framework and curriculum packages, in such skills and allied areas as the skills university may deem fit;40(e) to facilitate instruction (through training establishments and skillknowledge provider),in accordance with the credit framework and curriculum packages, in such skills and allied areas as the skills university may deem fit, for the dissemination of knowledge and skills training and consistent with its objects;(f) to facilitate instruction in such branches of learning, other than skills,consistent with its objects, as the skills university may, from time to time, determine;45(g) to award degrees, diplomas, certificates and other distinctions registeredwith the 'national qualifications register' maintained by the national skilldevelopment agency or any other agency entrusted with such task that conform to the provisions the national skills qualification framework;5(h) to define norms of, examination or any other measure of assessment ofknowledge and competency of a student of, or admission to, the skills university or institutions of skills education or training establishment affilitated to it;(i) to hold examinations or other assessments of knowledge or competency oraccredit the examination or other assessment systems affiliated to it, as the skills university may, from time to time, determine;10(j) to recognise industries (as skill knowledge providers) for purposes of practicaltraining of students in skills and to define norms for recognition of competency attained by a student in such practical training in industry for the purpose of earning credits;15(k) to define norms and measures of assessment for recognition of prior learningand competency in skills, based on relevant experience at work or in industry; and to assign credits for such prior learning or competency in accordance with the credit framework;(l) to lay down norms for transfer of credits to promote new learning opportunitieswithout compromising on learning outcomes;20(m) to institute skills education, teaching or other academic positions, requiredby the skills university, with such qualifications and designations as it may deem fit, and to appoint persons on tenure, term or otherwise to such positions;(n) to appoint persons working or having significant experience of working, inany other university or educational institution or any industry, possessing the required knowledge or competency, as adjunct, guest or visiting faculty of the skills university on such terms and for such duration as such skills university may decide;25(o) to lay down parameters for assessment and accreditation of skill educatorsand training providers in accordance with the norms specified by or under the national skills qualification framework, or in their absence, such norms as may be determined by the skills university;(p) to create administrative and other posts and to make appointments thereto;30(q) to determine, specify and receive payment of fees and other charges, as theskills university may deem fit, from students and any other person, institution, industry or body corporate for instructions and other services, including training, consultancy and advisory services, provided by such skills university;35(r) to acquire, hold, manage and dispose of any property belonging to, or vestedin, the skills university in such manner as the skills university may deem fit for attainment of its objects:provided that where land for the skills university has been provided free of costby an appropriate government, such land may be disposed of only with the prior approval of such appropriate government;40(s) to receive gifts, grants, donations or benefactions from the central governmentor the appropriate government and to receive bequests, donations and transfer of movable or immovable properties from testators, donors or transferors, as the case may be;45(t) to establish and maintain such infrastructure, including campuses and trainingcentres within the territories of the indian union, as may be necessary for attainment of its objects;(u) to undertake, or cause to be undertaken, such studies for assessment of skillneeds as may be required in the future and to prepare and maintain a database of skillsassessment and requirements in terms of the emerging employment market in the state concerned, nationally or internationally, as the case may be, relevant to the instructions imparted or proposed to be imparted in the skills university;(v) to institute and award fellowships, scholarships, exhibitions, prizes and medals;5(w) to collaborate with any other university or institution of national importance inoffering joint degree programmes for bridging skill education with higher education;(x) to promote international collaboration in skills education with institutions ofskill education for the purpose of developing competency, knowledge and ability to global standards;(x) to promote a spirit of entrepreneurship in skills amongst youth; and10(y) to do all such things as may be necessary, incidental or conducive to theattaintment of all or any of the objects of the skills university9 every skills university shall be open to all persons irrespective of sex, religion, race,caste, creed or classnational skills university open to all15admissions to national skills university10 (1) all admissions to every programme of study in a skills university shall bebased on transparent and reasonable criteria disclosed through its prospectus, published prior to the commencement of the process of admission, by such skills university5 of 2007(2) every skills university shall be a central educational institution for the purposes of the central educational institutions (reservation in admission) act, 2006 chapter iv20 authorities and officers of national skills universityboard of governors11 (1) the board of governors of each skills university shall be its principalexecutive body(2) the board shall consist of the following members, namely:—25(a) a chancellor, to be appointed by the skills university as provided insub-section (3), who shall chair the meetings of the board;(b) a person from industry with experience in skills education or training, tobe appointed by the skills university as provided in sub-section (5);(c) a person to be nominated by the national skill development agency; (d) a person to be nominated by the national council for vocational training;30(e) the vice-chancellor of a university in the state, to be nominated by theappropriate government, ex officio;(f) the director of the national institute of technology located in the state inwhich the skills university is located, ex officio;35(g) one person to represent the scheduled castes or the scheduled tribes, to benominated by the appropriate government;(h) two senior-most deans of the skills university, ex officio; and (i) the vice-chancellor of the skills university, ex officio, who shall be the member-secretary40(3) the chancellor shall be appointed by the skills university from a panel of three names recommended by a search committee consisting of—(a) a nominee of the central government, who shall be a person of standing in skills education;(b) a nominee of the appropriate government, who shall be a person of standingin skills education; and5(c) the chairperson of the national skills development agency, in case of askills university fully funded by the central or appropriate government, or a nominee of the industry partners, in case of a skills university established in the public-private partnership mode, to represent industry(4) the secretary in-charge of skills education in the appropriate government shall be the convener of the meetings of the search committee referred to in sub-section (3) but shall not participate in its deliberations10(5) a member of the board referred to in clause (b) of sub-section (2) shall be appointedby the skills university, with the approval of the board, from a panel of three names recommended by the appropriate government, in case of a skills university fully funded by the central government or appropriate government, or by the industry partners, in case of a skills university established in the public-private partnership mode15(6) the first chancellor shall be appointed, by the visitor, as soon as may be after theagreement referred to in sub-section (6) of section 4 is entered, from a panel of namesrecommended by the search committee referred to in sub-section (3)12 (1) save as otherwise provided in this section, the term of office of the chanceller or any other member of the board, other than an ex officio member, shall be for a period of five years from the date on which he enters upon office20term of office of chancellor and members of the board(2) the term of an ex officio member shall continue so long as he holds the office by virtue of which he is a member(3) a member of the board, other than an ex officio member, who fails to attend three consecutive meetings of the board, shall cease to be a member25(4) the members of the board shall be entitled to such allowances, as may be specifiedby statutes, for attending meetings of the board or such other meetings as may be convened by the skills university30(5) the board shall initiate the process of appointment in respect of any vacancy due to arise for the office of chancellor on completion of tenure before a period of six months from the date on which such vacancy would arise:provided that the process of appointment shall be completed before such vacnacy arises(6) where any unforeseen vacancy has occurred in the office of chancellor, the process of appointment shall be completed within a period of three months from the date of arising of such vacancy:35provided that the board may, in consultation with the appropriate government, assign, in the interim, temporary charge of the office of chancellor to any other suitable person till such time as a chancellor is appointed and enters upon his office40(7) when the chancellor is unable to discharge his functions owing to absence on leave or otherwise, such one of the other members, as the board may authorise in this behalf, shall discharge the functions of the chancellor until the date on which the chancellor resumes his duties(8) the chancellor may, by notice in writing under his hand addressed to the board, resign from his office:45provided that the vice-chancellor shall cause such resignation letter of the chancellorto be placed before the board in an emergent meeting to be convened within a period of ten days from the date the letter of the chancellor addressed to the board is receiveddisclosure of interest by chancellor or member13 the chancellor or any other member of the board having any direct or indirectinterest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the board, shall, disclose the nature of his interest at such meeting; and shall not take any part in any deliberation or decision of the board within respect to that matter5powers and functions of the board of governors14 (1) subject to the provisions of this act, the board of every skills university shallbe responsible for the general superintendence, direction and control of the affairs of the skills university and shall have the power to frame, amend, modify or rescind the statutes governing the affairs of the skills university for attainment of its objects(2) without prejudice to generality of the provisions of sub-section (1), the board shall have the following powers, namely:—10(a) to decide questions of policy relating to the administration and working ofthe skills university;(b) to make statutes governing the administration, management and operationsof the skills univesity;15(c) to examine and approve the annual budget estimates and annual statementof accounts of the skills university;(d) to examine and approve the plan for development of the skills university andto identify sources of finance for implementation of the plan;(e) to establish departments, faculties or schools and initiate programmes orcourses of study at the skills university;20(f) to lay down, by statutes, the parameters and manner for recognition ofinstitutions of skills education;(g) to recognise, in such manner and in accordance with such parameters asspecified by statutes, institutions of skills education and affiliate such institutions;(h) to recognise industries for purposes of practical training of students in skills;25(i) to create skills education, teaching and other academic posts, to determinethe number of such posts and emoluments thereof and to define their duties and conditions of service:30provided that the board shall take action only after consideration of therecommendations of the senate;(j) to provide, by statutes, the qualifications, criteria and processes forappointment to skills education, teaching, academic, administrative and other posts in the skills university:35provided that the board shall specify qualifications for appointment to skillseducation, teaching and academic posts only after consideratin of the recommendations of the senate;(k) to award degrees, displomas, certificates and other distinctions that areapproved by the national skills qualification committee and is listed in the national qualifications register maintained by the national skills development agency;40(l) to determine, by statutes, fees and other charges payable for pursuit ofcourses or programmes of study in the skills university;45(m) to cause to be undertaken, such studies for assessment of skill needs as maybe required in the future and to prepare and maintain a database of skills assessment and requirements in terms of the emerging employment market in the state concerned, nationally and internationally, as the case may be, relevant to the instructions imparted or proposed to be imparted in the skills university;(n) to exercise such other powers and perform such other duties as may be conferred or imposed by this act or statutes and not specifically conferred on any other authority or officer of the skills univesity:5provided that the board may delegate such of its powers for such period of timeand on such conditions to such committees, authorities or officers of the skills university as it may deem fit:provided further that every power delegated for a period, whether once or by way of extention, exceeding one year, shall be through statutes providing for such delegation10(3) the board shall in exercise of its powers and discharge of its functions strive toprovide autonomy in academic matters to the senate and departments or faculties or schools, as the case may be15(4) where in the opinion of the chancellor, based on the recommendations of the vice chancellor, the situation is so emergent that immediate action needs to be taken in the interest of the skills university, the chancellor, in consultation with the vice chancellor, may, after recording the reasons for his opinion, issue such order in exercise of the powers of the board, as he deems fit:provided that each such order shall be placed before the board for ratification in its next meetingthe senate2015 (1) the senate of every skills university shall consist of the following persons,namely:—(a) the vice chancellor of the skills university, who shall chair the meetings ofthe senate, ex officio;25(b) heads of ten departments, faculties or schools, as the case may be, comprisingthe skills university, to be nominated by the board, ex officio;(c) deans in charge of academic and student affairs in the skills university, exofficio;(d) five heads of sector skills councils, to be nominated by the board;30(e) two members of faculty from amongst the professors of the skills university,to be nominated by the board;(f) three persons to be nominated by the appropriate government, in case theskills university is fully funded by the central government or appropriate government, or by the industry partners, in case the skills university is established in the publicprivate partnership mode35(2) the term of an ex officio member shall continue so long as he holds the office byvirtue of which he is a member(3) the term of a member nominated under clause (b), (e) or (f) of sub-section (1)shall be for a period of three years from the date of his nomination:40provided that a member nominated under clause (b) of sub-section (1) shall ceaseto be a member if he demits that office by virtue of which he was nominated as member(4) the term of a member nominated under clause (d) of sub-section (1) shall be for aperiod of two years from the date of his nomination on rotation basis:provided that a member nominated under clause (d) of sub-section (1) shall cease to bea member if he demits that office by virtue of which he was nominated as member45(5) a member of the senate under clause (e) or (f) of sub-section (1) who fails to attendthree consecutive meetings of the senate, shall cease to be a memberpowers and functions of senate16 (1) subject to the provisions of this act and statutes, the senate shall be the principal academic body of the skills university and shall have the power to make, amend, modify or rescind the ordinances of the skills university5(2) without prejudice to the generality of the provisions of sub-section (1), the senate shall have the following powers, namely:—(a) to develop, by ordinance, credit framework in accordance with the nationaloccupational standards developed by such body as may be specified, by or under, the national skills qualification framework;10(b) to develop by ordinance, curriculum packages for each level and each skillas may be defined, by or under, the national skills qualification framework:provided that while developing the curriculum packages, the sector skillcouncil concerned shall be consulted;(c) to define, by ordinance, norms of skills education, teaching and instruction,in accordance with the credit framework and curriculum package, in such skills and allied areas as the skills university may deem fit;15(d) to define, by ordinance, norms of examination, or any other measure ofassessment of knowledge and competency of a student, or admission to, the skills university or institutions of skills education affiliated to it;20(e) to lay down, by ordinance, the norms and parameters of examination or otherassessment systems and the procedure for accreditation of such systems of institutions of skills education affiliated to it;(f) to accredit the examination and assessment systems of skills education inaccordance with the norms and parameters of such systems and the procedures for such accreditation;25(g) to define, by ordinance, norms for recognition of competency attained by astudent in practical training in skills in industry for the purpose of earnings credits;(h) to define norms and measures of assessment for recognition of prior learningand competency in skills, based on relevant experience at work or in industry; and to assign credits for such prior learning or competency in accordance with the credit framework;30(i) to lay down, by ordinance, norms for transfer of credits to promote newlearning opportunities without compromising on learning outcomes;35(j) to lay down parameters for assessment and accreditation of skill educatorsand training providers in accordance with the norms specified by or under the national skills qualifications framework, or in their absence, such norms as may be determined by the senate, by ordinance;(k) to recommend to the board, proposals for creation of skills education, teachingand other academic posts and qualifications for such posts;(l) to specify the academic calendar and approve grant of degrees, diplomas,certificates and other academic distinctions;40(m) to lay down the parameters and due diligence process to affiliate trainingestablishments, skill institutions and the industry skill knowledge partners; and(n) to exercise such other powers and discharge such other functions as may beassigned to it, by statutes or by the board45(3) every ordinance under this act shall be placed, as soon as may be after it is made or issued, before the board(4) the board shall have the power to make any modification in the ordinance or direct that the ordinance should not be made or issued:provided that the ordinance 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 ordinance5vice chancellor17 (1) the vice chancellor shall be the principal executive officer of the skills university and shall be responsible for implementation of the decisions of the board and senate and for the day-to-day administration of the skills university10(2) the vice chancellor shall exercise such other powers and discharge such other dutiesas may be assigned to him by this act or statutes or ordinances or delegated by the board(3) the vice chancellor shall be appointed by the board from a panel of names recommended by a search committee consisting of—(a) the chancellor, who shall be the chairperson of the search committee;15(b) the chairperson of the national skill development agency, in case of a skillsuniversity fully funded by the central or appropriate government, or a nominee of the industry partners, in case of a skills university established in the public-private partnership mode, to represent industry;(c) a nominee of the central government from amongst directors of indianinstitutes of technology or national institutes of technology;20(d) a nominee of the appropriate government from amongst those, who are orhave been, vice chancellors of universities in the state in which the skills university is located; and(e) a nominee of the board of governors from amongst its members25(4) the vice chancellor shall, except on account of resignation or removal or discharge, hold office for a period of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier(5) the vice chancellor may, by notice in writing under his hand addressed to the chancellor, resign from his office(6) the vice chancellor may be removed by the board on proven charges of corruption or misconduct:30provided that the vice chancellor shall not be removed from his office, except by an order made by the board after an inquiry in this behalf by the board, and after giving him a reasonable opportunity of being heard:35provided further that a resolution for initiating an inquiry into charges of corruption ormisconduct shall be brought before the board only if a notice declaring intent to move such a resolution and detailing the charges is signed by not less than one half of the members of the board in position and presented to the chancellor before the meeting:40provided also that where a proposal for institution of an inquiry into charges ofcorruption or misconduct against the vice chancellor is being contemplated by the board, the vice chancellor shall refrain from participation in the proceedings of the board till such time as the inquiry is completed:provided also that the board may assign temporary charge of the office of vicechancellor to any other suitable person till such time, not exceeding one hundred and twenty days, as the inquiry into the charges against the vice-chancellor is concluded45(7) the board shall, on the expiration of three years of term of his office, conduct areview of the performance of the vice chancellor with specific reference to his leadership in the attainment of the objects of the skills university(8) the board may, if it is of the opinion, on the basis of the review of performance under sub-section (7), that the vice chancellor has been unable to provide leadership to the skills university and that his continuance may be detrimental to the functioning of such skills university, serve a notice of three months upon the vice chancellor for discharge from office:5provided that the board may, after giving the vice chancellor an opportunity of being heard, decide to withdraw the notice after giving such directions or imposing such reasonable conditions as it may deem fit:10provided further that if the board decides to confirm the notice of discharge, then it shall take effect from such date, not less than three months from the date on which the notice was issued, as the board may determine(9) the board shall initiate the process of appointment in respect of any vacancy due to arise for the office of vice chancellor on completion of tenure before a period of six months from the date on which such vacancy would arise:15provided that the process of appointment shall be completed before such vacancy arises(10) where any unforeseen vacancy has occurred in the office of vice chancellor, the process of appointment shall be completed within a period of three months from the date of arising of such vacancy:20provided also that the board may assign temporary charge of the office of vice chancellor to any other suitable person till such time as a vice chancellor is appointed and enters upon his office(11) the first vice chancellor shall be appointed, by the first chancellor, from a panel of names recommended by a search committee consisting of the following, namely:—25(a) the chancellor; (b) the chairperson of the national skill development agency, in case of askills university fully funded by the central or appropriate government, or a nominee of the industry partners, in case of a skills university established in the publicprivate partnership mode, to represent industry;30(c) a nominee of the central government from amongst directors of indianinstitutes of technology or national institutes of technology;(d) a nominee of the appropriate government from amongst those, who are, orhave been, vice chancellors of universities in the state in which the skills university is located;35(e) the secretary in charge of skills education of the approrpriate government,who shall be convenor of the search committee18 (1) the board may constitute such committees with such powers and such functions, as it may deem fit, for efficient management of affairs of the skills universitycommittees and officers of national skills university(2) the board may designate such of the employees of the skills university as officersand entrust such powers and functions to them as may be provided by the statutes:40provided that the deans in charge of academic affairs, industry engagement and studentaffairs shall be officers of the skills university and shall have such powers and perform such functions as the board may, by statutes, determinethe visitor4519 (1) the president of india shall be the visitor of every skills university and shallhave the power to give such directions to the skills university as he may deem fit, for the purpose of attainment of its objects(2) every such direction under sub-section (1) shall be placed by the vice chancellor before the board in its immediate next meeting, held not later than fifteen days from the date of receipt of such direction, along with the action proposed to be taken on such direction5(3) the vice chancellor shall forthwith, on the conclusion of the meeting of the board, send a report to the visitor, explaining the action proposed to be taken to comply with the direction chapter v review of national skills university10review of national skills university20 (1) every skills university shall, within seven years from the date of its establishment and incorporation and thereafter at the expiration of every fifth year, constitute, with the prior approval of the central government, a committee to evaluate and review the performance of such skills university in attainment of its objects during the said period15(2) the committee constituted under sub-section (1) shall consist of members of repute in academia or industry, from relevant fields of skills education and teaching or experience in leadership positions in any university of repute or institution of national importance(3) the committee shall assess the performance of skills university and make recommendations on—(a) the extent of fulfilment of the objects of the skills university and its contribution to the society;20(b) the promotion of skills education and its impact on industry and society; (c) the establishment of the skills university as amongst the national leaders in the area of skills education;(d) the extent of achievement of social equality through skills education; and25(e) such other parameters as the board may consider necessary and specify(4) the board shall consider the recommendations referred to in sub-section (3) and take such action as it may deem fit:provided that the recommendations of the committee along with an explanatory memorandum on the action taken or proposed to be taken by the board, specifying the reasons thereof, shall be submitted to the central government and to the appropriate government:30provided further that the central government and the appropriate government shall cause such recommendations to be laid before each house of parliament or the appropriate state legislature, as the case may be35(5) the central government and the concerned appropriate government shall have the power to give such directions, emanating from the recommendations of the committee, on policy relating to national purposes, as they may deem fit, and the skills university shall comply with such directions:provided that if any dispute arises as to whether the direction is a question of policy relating to national purpose or not, the decision of such government shall be final chapter vi40 grants, accounts and audit21 (1) the central government may, after due appropriation made by parliament, by law in this behalf,—grants to skills university45(a) make to each skills university grants of such sums of money as maybe required for supporting its establishment and infrastructure development, subject to the agreement referred to in sub-section (7) of section 4;(b) provide to each skills university, grants of such sums of money as are required to meet the expenditure on scholarships or fellowships instituted by it, including scholarships or fellowships for students from socially and educationally backward classes or categories of citizens enrolled in such skills university5statement of accounts22 (1) at the first meeting at the beginning of every financial year, the vice chancellorshall lay before the board, a statement of accounts comprising—(a) the unaudited balance sheet as at the end of the previous financial year; and (b) the statement of income and expenditure for that period10(2) every statement of accounts of such skills university shall give a true and fair view of the state of affairs of such skills university as at the end of the previous financial year and shall, subject to the provisions of this section, be in such form and in accordance with such general instructions and accounting standards as may be prescribed, or as near thereto as circumstances admit15(3) where the statement of accounts of the skills university do not comply with the accounting standards, the skills university shall disclose in its annual accounts, the following, namely:—(a) the deviation from the accounting standards; (b) the reasons for such deviation; and (c) the financial effect, if any, arising due to such deviation2038 of 1949explanation—for the purposes of this section, the expression "accounting standards"means the standards of accounting prescribed by the central government based on such standards defined by the institute of chartered accountants of india constituted under the chartered accountants act, 19492523 (1) the statement of accounts of each skills university shall be audited by such auditor as may be appointed in this behalf by the comptroller and auditor-general of indiaaudit of accounts of national skills university30(2) the comptroller and auditor-general of india and any person appointed by himin connection with the audit of the accounts of each skills university shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor- general of india has in connection with the audit of the central government accounts, and, in particular, shall have the right to demand the production of books, accounts, connectedvouchers and other documents and papers and to inspect the offices of the skills universityreport of vice chancellor24 (1) there shall be attached to every audited statement of accounts, a report by itsvice chancellor, with respect to—(a) the state of affairs of such skills university;35(b) the amounts, if any, which such skills university proposes to carry to anysurplus reserves in its balance sheet;(c) the extent to which understatement or overstatement of any surplus or shortfallof income over expenditure has been indicated in the auditor's report and the reasons for such understatement or overstatement;40(d) qualitative and quantitative benchmarks and internal standards set by theskills university and its performance thereon45(2) the report referred to in sub-section (1) shall also include a statement showing the name of the ten officers and other employees of the skills university who received the highest remuneration (including allowances and other payments made to such officer or employee) during the preceeding financial year and the contributions made by such officers or employees to the skills university during the financial year(3) the statement referred to in sub-section (2) shall indicate whether any such officer or employee is a relative of any member of the board or senate of the skills university and if so, the name of such member and such other particulars as may be required5(4) the vice chancellor and such officer, as may be designated by the board formaintenance of accounts of the skills university, shall also be bound to give the complete information and explanations in the report referred to in sub-section (1), on every reservation, qualification or adverse remark contained in the auditor's report10audited statement of accounts to be placed before the board and published25 (1) the statement of accounts, including the balance sheet, the statement of income and expenditure, the auditor's report, the report of the vice chancellor and other documents required to be annexed with such statement, shall be brought before the board in its meeting at such time immediately, but not later than six months, from the conclusion of the financial year15(2) a copy of every statement of accounts (including the balance sheet, statement ofincome and expenditure, the auditors' report and every other document required to be annexed or attached to balance sheet) which is to be laid before the board of each skills university shall, not less than twenty-one days before the date of the meeting, be sent to every member of the board(3) after the statement of accounts referred to in sub-section (1) has been laid before the board of each skills university, such statement along with all other documents shall be published and placed on the website of such skills university2025(4) a copy of the statement of accounts including the balance sheet, the statement of income and expenditure, the auditor's report, the report of the vice chancellor and all other documents require to be attached with such statement, shall be submitted to the central government and the appropriate government, and that government shall, as soon as may be, cause the same to be laid before each house of parliament or the appropriate state legislature, as the case may beannual report of national skills university3026 (1) the annual report of each skills university shall be prepared under the direction of the vice chancellor, and shall include, among other matters, the steps taken by the skills university towards the attainment of its objects, a review of skills education being imparted, a needs-based assessment of emerging skills requirements, an outcome based assessment of the performance of the skills university, the placement of students graduating from the skills university and the extent of engagement of industry by the skills university, and be submitted to the board on or before such date as may be specified by the board and the board shall consider the report35(2) the annual report as approved by the board shall be published and placed on thewebsite of the skills universityeducational loans and credit guarantee27 (1) the central government, in consultation with appropriate governments, may prepare a scheme for credit guarantee for educational loans taken by students studying in the skills universities so as to ensure that such loans from banks are easily available to students for pursuing a programme of study in the skills university40(2) the corpus for the scheme for credit guarantee may be contributed by the central government and appropriate goverments in such share as may be agreed upon between the central government and appropriate governments45(3) every student admitted to any skills university shall be eligible to receive educational loan, in accordance with the scheme referred to in sub-section (1), for pursuing a programme of study at such skills university chapter vii council of national skills universitiescouncil of national skills universities28 (1) with effect from such date as may be specified by notification in this behalf, thecentral government may establish for all the skills universities specified in the schedule, a body to be called the council of national skills universities5(2) the council shall consist of the following members, namely:—(a) the minister in-charge of the ministry or department of the centralgovernment having administrative control over skills education, ex officio, aschairperson;10(b) the minister in charge of skills education of appropriate governments ofsuch states where the skills universities are located, ex officio;(c) the industry partner of each of the skills universities established in thepublic-private partnership mode;(d) the chancellors of each of the skills universities, ex officio; (e) the vice chancellors of each of the skills universities, ex officio;15(f) the chairperson of the university grants commission, ex officio;(g) the chairperson of the all india council of technical education, ex officio; (h) the president of the council for architecture, ex officio; (i) the president of the indian medical council, ex officio;20(j) the president of the pharmacy council of india; ex officio;(k) the chairperson of the national skill development agency, ex officio; (l) the chairperson of the national council for vocational training; (m) secretaries to the central government, one each to represent the ministry ordepartment concerned with finance, skills education, higher education, health, employment and information technology, ex officio;25(n) heads of ten sector skill councils, to be nominated by the central government;(o) three persons from industry, to be nominated by the central government,from a panel comprised of three names recommended by each skills university;30(p) three persons to represent persons of eminence from academia or civil societyto be nominated by the council, from a panel comprised of two names recommended by each appropriate government of such states where skills universities are located;(q) heads of three national industry associations identified by the centralgovernment (3) the council shall have a secretariat with a secretary to be appointed in suchmanner as may be prescribed35(4) the expenditure on the council shall be met by the central government29 (1) save as otherwise provided in this section, the term of office of a member of thecouncil under clause (o) of sub-section (2) of section 28, shall be for a period of two yearsfrom the date of nomination on rotation basisterm of office of members of council and their allowances40(2) save as otherswise provided in this section, the term of office of a member ofthe council under clause (p) of sub-section (2) of section 28, shall be for a period of threeyears from the date of nomination(3) the term of a member, other than a member nominated under clauses (o) and (p) of sub-section (2) of section 28, shall continue so long as he holds the office by virtue of which he is a member(4) the salary and allowances payable to and other terms and conditions of service of members of the council shall be such as may be prescribed530 (1) the council shall coordinate the activities of all the skills universitiesfunctions of council of national skills universities(2) without prejudice to the generality of the provisions of sub-section (1), the council shall perform the following functions, namely:—10(a) to ensure harmonisation of the credit framework, consistent with the nationalskills qualification framework, across all skills university;(b) to recommend to the central government, institution of scholarships for thebenefit of students belonging to the scheduled castes, the scheduled tribes and other socially and educationally backward classes of citizens;15(c) to recommend to the central government and appropriate governments,institution of schemes, including the scheme for credit guarantee for educational loans, for funding education in the skills university;(d) to suggest mechanisms for increasing industry engagement and employmentopportunities for students of the skills university;(e) to deliberate on such matters of common interest to skills universities as maybe referred to it by any skills university;20(f) to perform such other functions as may be referred to it by the centralgovernment or any appropriate government:provided that nothing in this section shall derogate from the powers and functions vested by law in the board or senate or any other authority of each skills university25(3) the chairperson of the council shall ordinarily preside over the meetings of the council; and in his absence any other member, chosen, from amongst themselves, by the members present at the meeting, shall preside over the meeting chapter viii miscellaneous3031 no act or proceedings of any authority or any body of a skills university shall be invalid merely by reason of the existence of a vacancy or vacancies among its membersproceedings not to be invalidated by vacancies returns and information32 every skills university shall furnish to the central government and the appropriate government such returns or other information with respect to its activities as the central government or the appropriate government, as the case may be, may, from time to time, require, within such period as may be specified by that government35power to make rules33 (1) the central government may, by notification, make rules to carry out the provisions of this act(2) in particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:—40(a) the form and manner in which the appropriate government may submit aproposal to the central government for the purposes of establishment of a skills university in the public-private partnership mode under sub-section (2) of section 4;45(b) the form and manner in which the appropriate government may submit aproposal to the central government for the purposes of establishment of a skills university without public-private partnership under sub-section (3) of section 4;(c) the criteria on the basis of which the central government shall examine a proposal submitted by an appropriate government for establishment of a skills university under sub-section (5) of section 4;5(d) the form, general instructions and accounting standards in which the balance sheet and statement of income and expenditure of a skills university shall be prepared under sub-section (2) of section 22;(e) the standards of accounting based on such standards defined by the institute of chartered accountants of india under section 22;(f) the manner of appointment of the secretary to the council under sub-section(3) of section 2810(g) the travelling and other allowances that members of the council shall be entitled receive for attending meetings of the council under sub-section (3) of section 2934 (1) subject to the provisions of this act, the board of every skills university shall, by publication on its website, make statutes to carry out the purposes of this actpower of board to make statutes15(2) in particular, and without prejudice to the generality of the foregoing power, such statutes may provide for all or any of the following matters, namely:—(a) the parameters and manner for recognition of institutions of skills educationand affiliation of such institutions under clause (a) of sub-section (3) of section 8;(b) the entitlement of allowances to the members of the board for attendingmeetings under sub-section (3) of section 8;20(c) governance, administration, management and operations of skills universityunder clause (b) of sub-section (2) of section 14;(d) the qualifications, criteria and processes for appointment to skills education, teaching, academic, administrative and other posts under clauses (j) of sub-section (2)of section 14;25(e) the fees and other charges payable for pursuit of courses or programmes ofstudy under clause (1) of sub-section (2) of section 14;(f) the delegation of powers of the board to committees, authorities or officers and the period of such delegation under clause (n) of sub-section (2) of section 14;(g) the powers and duties of vice chancellor under sub-section (2) of section 17;30(h) the powers and functions, to the employees of the skills university designated as officers, under sub-section (2) of section 18;(i) the powers and functions of deans under sub-section (2) of section 18;35(3) the board of governors of each skills university may, from time to time, amend or repeal any statutes, and each such statute, its amendment or repeal, as the case may be, shall come into effect from the date of its publication on the website of the skills university35 (1) the senate may, by publication on skills university's website, make ordinances to carry out the purposes of this actpower of senate to make ordinances40(2) in particular, and without prejudice to the generality of the foregoing power, suchordinance may provide for all or any of the following matters, namely:—(a) the credit framework in accordance with the national occupational standardsdeveloped by such body as may be specified, by or under, the national skills qualification framework under clause (a) of sub-section (2) of section 16;45(b) the curriculum packages for each level and each skill as may be defined, by orunder, the national skills qualification framework under clause (b) of sub-section (2)of section 16;(c) the norms of skills education, teaching and instruction, consistent with the credit framework and curriculum packages under clause (c) of sub-section (2) of section 16;5(d) the norms of examinations, or any other measure of assessment of knowledgeand competency of a student, or admission to, the skills university or institutions of skills education affiliated to it under clause (d) of sub-section (2) of section 16;(e) the norms and parameters of examination or assessment systems and theprocedure for accreditation of such systems of institutions of skills education affiliated to it under clause (e) of sub-section (2) of section 16;10(f) the norms for recognition of competency attained by a student in practicaltraining in skills, imparted in industry, for the purpose of earning credits under clause (g) of sub-section (2) of section 16;(g) the norms for transfer of credits to promote new learning opportunities withoutcompromising on learning outcomes under clause (i) of sub-section (2) of section 16;15(h) the parameters for assessment and accreditation of skill educators and trainingproviders consistent with norms specified by or under the national skills qualification framework, or in their absence, such norms as may be determined by the senate under clause (j) of sub-section (2) of section 16;(3) every ordinance made by the senate, in exercise of powers under this section, shall be placed, as soon as may be after it is made or published, before the board20(4) the board shall have the power to make any modification in the ordinance or direct that the ordinance should not be made or issued:provided that the ordinance 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 ordinance25power to remove difficulties36 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appears to it to be necessary or expedient for removing the difficulty:30provided that no order shall be made under this section after the expiry of two yearsfrom the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament35notification, statute and ordinance to be laid before parliament4037 every notification, statute and ordinance made under this act shall be laid, assoon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule should not be made or 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 validity of anything previously done under that rule or notification the schedule[see section 5(1)]slname of national skillsname of statelocationappointed dateuniversity statement of objects and reasonsskill development is one of the key drivers to harness the demographic dividend for our economy to grow exponentially and our youth to be gainfully employed, it is imperative that the requisite skills are acquired the central government has already initiated various schemes for skill development however, in the absence of a skills university, there is a problem in recognition of skills at the graduate and higher levels this renders the youth with little opportunity for upward mobility and would get stuck at the worker levelcreation of skills university will not only help imparting and recognition of higher skills but also allow for research and collaboration with similar universities across the globe it shall also give a statutory recognition to the qualifications awarded to the students skill development is very different to conventional education in its content delivery mechanism and scope and the present higher education structure with its institutional model would not be able to rise to the demand in scale and scope since the need is to create a sustainable national ecosystem for skill development, it is proposed to create universities with national reachhence this billnew delhi;kirit somaiyafebruary 8, 2017 financial memorandumclause 4 of the bill provides for establishment of national skills university by the central government with the concurrence of the state government, establish, either with or without public-private partnership clause 18 empowers the board to constitute such committees with such powers and such functions, as it may deem fit, for efficient management of affairs of the skills university clause 21 provides that central government shall provide to each skills university grants of such sums of money as may be required for supporting its establishment and infrastructure development and to meet the expenditure on scholarships or fellowships instituted by it the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees thirty six crores per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees two hundred crores is also likely to be involved memorandum regarding delegated legislationclause 33 of the bill empowers the central government to make rules for carrying out the purposes of the act2 clause 34 of the bill empowers the board to make the statutes as specified in the schedule to the bill it empowers the board to frame, amend, modify or rescind the statutes governing the affairs of the skills university for attainment of its objects subject to the assent of the central government the matter in respect of which the board and the central government may make, amend or repeal the statutes, include the constitution, powers and functions of the authorities of the university, the appointment of officers and teachers of the university, the conditions of service of the employees of the university and matters connected therewith3 clause 35 empowers the senate to make, amend, modify or rescind the ordinances of the skills university the ordinances may be made, amended or repealed in respect of matters relating to admission of students, courses of study, fees and fellowships, medium of instructions and examination, establishment of special centres, specialised laboratories, the manner of co-operation and collaboration with other universities and authorities, the management of colleges and institutions established by the university and such other matters4 clause 36 empowers the central government, by order published in the official gazette, to make provisions to remove certain difficulties, which may appear to be necessary or expedient and such an order is not to be made after the expiry of a period of three years from the commencement of the act and such order shall be laid before each house of parliament5 the matters for which the statutes, ordinances or regulations may be made pertain to matters of procedure or detail and it is not possible to provide for them in the bill the delegation of legislative powers is, therefore, of a normal character———— a billto promote quality skill education in an integrated manner with higher education in the context of the demographic dividend and meeting the qualified skill requirements of a growing national economy and for that purpose to address gaps in the institutional delivery framework in skill education by establishing national skills universities as institutions of national importance for imparting skill education and to develop qualified youth with skill proficiencies and standardised competencies around national principles and to provide for certain other matters connected with such institutions or incidental thereto————(dr kirit somaiya, mp) | Parliament_bills | 1c7f22a8-39f5-5447-9cd6-dd1f882b6b66 |
(b) in section 15, in sub-section (1), to clause (c) the proviso shall be added, namely: - z "provided that nothing contained in this clause shal] apply 1 deposits accepted under the scheme formulated by the bank pursuance of clause (hh) of section 14;"; {@) in section 55, in sub-section (5), for the word "regulation", wherever it occurs, the words "regulation or scheme" shall be substituted statement of objects and reasonswith a view to canalising for certain social objectives black money which has become a serious threat to the national economy the government has decided to allow voluntary deposits being made with the national housing bank in accordance with a scheme to be formulated by that bank 40 per cent of the amount of such deposits will be credited by the national housing bank to a special fund, created under the national housing bank act, 1987, for financing slum clearance and low cost housing for the poor and 60 per cent of the amount of such deposits can be utilised by the depositors for purposes specified by them it is considered necessary to provide for certain immunities and exemptions to render it possible for persons in possession of black money to make such deposits 2 the bill seeks to achieve the above objects new detui; manmohan singh the 3rd september, 1991 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter dated 4th september, 1991 from dr manmohan singh, minister of finance, to the secretary-general, lok sabha] 'the president, having been informed of the proposed bill for institution of « scheme for mobilising the black money for achieving social objectives of slum clearance and low cost housing for the poor and for providing certain immunities and exemptions to enable persons to make deposits in the said scheme and for matters connected therewith or incidental thereto, recommends under clause (1) of article 117 and clause (1) of article 274 of the constitution, introduction of the above bill in lok sabha ! s memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new clause (hh) in section 14 of the national housing bank act, 1987 the said new clause (hh) empowers the national housing bank to formulate a scheme for the purposes of accepting deposits referred to in clause 2(a) of this bill and crediting 40 per cent of the amount of such deposits to a special fund created under that act the scheme will also contain other details relating to application forms for making deposits and withdrawal, ete 2 the matters in respect of which the scheme is to be formulated by the national housing bank are matters of administrative detail and procedure and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the nationa, housive bank acr, 1987(53 of 1987) chapter iv busmvess or tar nationa, houstnc bank14 subject to the provisions of this act, the national housing bank may transact all or any of the following kinds of business, namely:— (b) making of loans and advances or rendering any other form of financial assistance whatsoever to housing finance institutions and scheduled banks; 15 (1) the national housing bank may, for the purpose of carrying out its functions under this act— (c) accept deposits repayable after the expiry of a period which shall not be less than twelve months from the date of the making of the deposit on such terms as may generally or specially be approved by the reserve bank; ca 35 (1) (5) the central government shall cause every regulation made under this act to be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any, such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation business of the national housing bank, borrowings and acceptance of deposits by national housing bank power of the board to make reguletions, | Parliament_bills | c5bbba62-3463-5857-930a-f9d573a3b290 |
statement of objects and reasonsthe consolidated fund of the state of jammu ad kashmir and the stants made by the lok sabha for the expenditure of the government of jammu and kashmir for the financial year 199192 manmohan singh president's recommendation under section 84 of the constitution of jammu and kashmir{copy of letter no f 2(143-a)-b(s)/91, dated the 28rd august, i091 {rom shri shantaram potdukhe minister of state in the ministry of finance to the secretary-general, lok sabha ] 2 the bill will be introduced in lok sabha immediately after the demands for grants for the expenditure of the government of the state of jammu and kashmir for the year 1991-92 have been voted | Parliament_bills | 1345e78b-932f-5074-8b47-3ee72817c380 |
bill no 40 of 2015 the appropriation (railways) vote on account bill, 2015 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 2015-16 for the purposes of railways be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) vote on account act, 2015withdrawal of rs67954,76,27,167 from and out of the consolidated fund of india for the financial year 2015-16appropriationthe schedule(see sections 2 and 3)123no ofservices and purposessums not exceedingvotevoted by parliamentcharged on thetotalconsolidated fundrsrsrs1railway board 50,47,33,000 50,47,33,0002miscellaneous expenditure (general)150,88,55,00035,17,000151,23,72,0003general superintendence and services on railways1165,46,58,00019,38,0001165,65,96,0004reparis and maintenance of permanent way and works 1942,92,48,0006,44,0001942,98,92,0005repairs and maintenance of motive power 910,76,03,000 910,76,03,0006repairs and maintenance of carriages and wagons2090,85,28,000 2090,85,28,0007repairs and maintenance of plant and equipment 1206,36,41,00053,0001206,36,94,0008operating expenses - rolling stock and equipment 1897,98,85,0001897,98,85,0009operating expreses - traffic 6559,24,69,00022,00,0006559,46,69,00010operating expenses - fuel 5049,30,62,000 5049,30,62,00011staff welfare and amenities976,90,81,000 976,90,81,00012miscellaneous working expenses1036,67,87,00018,51,27,0001055,19,14,00013provident fund, pension and other retirement benefits 5762,39,69,0008,60,0005762,48,29,00014appropriation to funds 9520,95,17,000 9520,95,17,00015dividend to general revenues, repayment of loans taken from general revenues and amortization of over-capitalization 1801,79,00,000 1801,79,00,00016assets—acquisition, construction and replacement other expenditure capital 22039,17,69,16717,88,51,00022057,06,20,167railway funds 5480,13,44,00082,07,0005480,95,51,000railway safety fund 274,29,64,0002,17,000274,31,81,000total:67916,60,13,16738,16,14,00067954,76,27,167 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 2015-16suresh prabhu —————— president's recommendation under article 117 of the constitution of india ————[copy of letter no 2015-b-400/2, dated 24 february, 2015 from shri suresh prabhu, minister of railways to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation 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 finacial year 2015-16, recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and consideration by lok sabha, of the appropriation bill———————— a 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 2015-16 for the purposes of railways————(shri suresh prabhu, minister of railways) | Parliament_bills | 26adb48e-eeab-575a-9c8d-7ee4a5d44c2c |
bill no 81 of 1982 the salary, allowances and pension of members of parliament (amendment) bill, 1982 a billfurther to amend ti,e salary, ,wowances and pension of ~emberb1 of parliament act, 1954 be it enacted by parliament in the thirty-third year of the republic of india as follows:-:-short title 1 this act may be called the salary, allowances and pension of members of parliament (amendment) act, 1982 30 of 1954 5 ~ in section 8a of the salary, allowances and pension of members of parliament act, 1954, in sub-section (3), the following proviso shall be inserted at the end, namely:-amendment of section ba "provided that any pension (whether known as swatantrata saini1 , - ii'" , ,amman pension or by any uthc'r name) received by such p'i''-;:; 'bis 10 freedom fighter shan not be taken into account for tl ~::a'p;;8ion in - b d h ,,-1- 8u -secbon an stle person shall be entitled 1~ ~:!loii (1)" ,, , addltidm to th'l pellsion to whid hi; is imlj1k'fi statement of objects and reasonsthere has been a demand both in parliament and outside that the pension received by an ex-member of parliament or provisional parliament as a freedom fighter should not be taken into'account for the purpose of determining the pension payable to him with respect to his services as such member under the salary, allowances and pension of members of parliament act, 19"14 the joint committee on salary and allowances of members of parliament have also recommended that the act should be suitably amended so that such members receive their pension under the act in addition to the pension to which they may be entitled to as freedom fighters the pension payable to freedom fighters under the swatantrata sainani samman pension scheme is really for the purpose of honouring those who participated in the freedom struggle it is, ther~ fore, proposed to amend sub-section (3) of section 8a of the act suitably to ensure that any pension received on account of participation in the freedom struggle is not taken into account for the purpose of determining the pension payable under the act 2 the bill seeks to achieve the above object new delhi; bhishma nar~in singh the 29th june, 1982 10k sabra corri gendumto the salary, allowances and pension of khmbers of p arlialvil!"it (jt1endhe1\;t) bill, 1982 ito bt;cs introduced in ipk sabha 7 page 2, line-12,-1q!: "swatantrata sairiani samman pension scheme" ~ "swatantrata sainik sajnmari pension scheme" new deihl; ~uly 9 aq82 asadha 1 ~ 1904 (s8ka) by virtue of the amendment which clause 2 of the biu seeks to make in sub-section (3) of section sa of the principal act, an ex-member of parliament or provisional parliament entitled to pension under sub-section (1) of that s~ction would receive such pension in addition to any pension to which he may be entitled to as a freedom fighter it is estimated that this provision would involve an expenditure of about rs 750 lakhs per annum the provisions of the bill do not involve any other expenditure of a recurring or non-recurring nature (30 of 1954)'" '" '" '" '" sa '(1-) - pension '(3) where any person entitled to pension under sub-section (j) is also entitled to any pension from the central government or any st~te government, or any corporation owned or controlled by the, central government or any state government, or any local authority, under any law or otherwise, then,-(a) where the amount of pension to which he is entitled under such law or otherwise, is equal to or in excess of that to which he is entitled under sub-section (1), such person shall not be entitled to any pension under that sub-sec~ion; and (b) where the amount of pension to which he is entitled under such law or otherwise, is less than that to which he is entitled under sub-section (1), such person shall be entitled to pension under that sub-section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section '" '" '" - '" | Parliament_bills | 49ba1c15-a545-5442-ad47-dc361daf4809 |
bill no 56 of 2021 the juvenile justice (care and protection of children) amendment bill, 2021 a bill to amend the juvenile justice (care and protection of children) act, 2015be 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 juvenile justice (care and protection of children)amendment act, 2021(2) it shall come into force on such date as the central government may, by notification(i) clause (4) shall be omitted; (ii) in clause (14),—(a) in sub-clause (ii), after the words "contravention of", the words "the provisions of this act or" shall be inserted;5(b) for sub-clause (vi), the following sub-clause shall be substituted, namely:–"(vi) who does not have parents and no one is willing to take care of and protect or who is abandoned or surrendered;"; (c) in sub-clause (ix), for the words "is likely to be", the words "has been or is being or is likely to be" shall be substituted;10(iii) in clause (17), for the words "children's home", the words "child care institution" shall be substituted;(iv) in clause (26), for the words "which is the focal point", the words "which shall function under the supervision of the district magistrate" shall be substituted;(v) after clause (26), the following clause shall be inserted, namely:—15'(26a) "district magistrate" includes additional district magistrate of the district;'; (vi) in clause (46), the words "the person in-charge of which is willing" shall be omitted;(vii) for clause (54), the following clause shall be substituted, namely:—20'(54) "serious offences" includes the offences for which the punishment under the indian penal code or any other law for the time being in force, is,—45 of 1860(a) minimum imprisonment for a term more than three years and not exceeding seven years; or25(b) maximum imprisonment for a term more than seven years but no minimum imprisonment or minimum imprisonment of less than seven years is provided'amendment of section 33 in section 3 of the principal act, for the words "the board, and", the words "the board, the committee, or" shall be substitutedamendment of section 4304 in section 4 of the principal act, in sub-section (7), in clause (iii), for the words"less than", the word "minimum" shall be substitutedamendment of section 85 in section 8 of the principal act, in sub-section (3), in clause (m), for the words "of such a child to the observation home", the words "that child to an observation home or place of safety, as the case may be," shall be substitutedamendment of section 12356 in section 12 of the principal act, in sub-section (2), after the words "observationhome", the words "or a place of safety, as the case may be," shall be insertedamendment of section 167 in section 16 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—"(4) the district magistrate may, as and when required, in the best interest of a child, call for any information from all the stakeholders including the board and the committee"40amendment of section 188 in section 18 of the principal act, in sub-section (1), after the words "heinous offence,", the words and figures "or a child above the age of sixteen years has committed a heinous offence and the board has, after preliminary assessment under section 15, disposed of the matter" shall be inserted9 in section 27 of the principal act,—amendment of section 27(i) for sub-section (4), the following sub-sections shall be substituted, namely:—510"(4) no person shall be appointed as a member of the committee unless he has a degree in child psychology or psychiatry or law or social work or sociology or human health or education or human development or special education for differently abled children and has been actively involved in health, education or welfare activities pertaining to children for seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human health or education or human development or special education for differently abled children(4a) no person shall be eligible for selection as a member of the committee, if he––(i) has any past record of violation of human rights or child rights,15(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence,(iii) has been removed or dismissed from service of the government of india or state government or an undertaking or corporation owned or controlled by the government of india or state government,20(iv) has ever indulged in child abuse or employment of child labour or immoral act or any other violation of human rights or immoral acts, or(v) is part of management of a child care institution in a district"(ii) in sub-section (7), in clause (iii), for the words "less than", the word"minimum" shall be substituted;(iii) for sub-section (8),the following sub-section shall be substituted, namely:—25"(8) the committee shall submit a report to the district magistrate in such form as may be prescribed and the district magistrate shall conduct a quarterly review of the functioning of the committee"; (iv) for sub-section (10), the following sub-section shall be substituted, namely:—30"(10) the district magistrate shall be the grievance redressal authority to entertain any grievance arising out of the functioning of the committee and the affected child or anyone connected with the child, as the case may be, may file a complaint before the district magistrate who shall take cognizance of the action of the committee and, after giving the parties an opportunity of being heard, pass appropriate order"35amendment of section 3210 in section 32 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—40"(2) the information regarding a child referred to in sub-section (1) shall be uploaded by the committee or the district child protection unit or the child care institution, as the case may be, on a portal as may be specified by the central government in this behalf"amendment of section 3711 in section 37 of the principal act, in sub-section (1), the words "submitted by child welfare officer" shall be omittedamendment of section 384512 in section 38 of the principal act, in sub-section (5), after the words "shall inform", the words "the district magistrate," shall be insertedamendment of section 4013 in section 40 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely: —5"(4) the committee shall submit a quarterly report regarding restored, dead and runaway children to the state government and the district magistrate in such form as may be prescribed" 14 in section 41 of the principal act,—amendment of section 41(i) in sub-section (1), the words ", within a period of six months from the date of commencement of this act," shall be omitted;10(ii) in sub-section (2), for the words "shall determine", the words "shall, after considering the recommendations of the district magistrate, determine" shall be substituted 15 in section 54 of the principal act,––amendment of section 54(i) in sub-section (2), for the words "district child protection units or state government, as the case may be", the words "district magistrate" shall be substituted;15(ii) in sub-section (3), for the words "district child protection unit or the state government", the words "district magistrate" shall be substitutedamendment of section 5516 in section 55 of the principal act, in sub-section (1), after the words "state government", the words "or district magistrate" shall be insertedamendment of section 562017 in section 56 of the principal act, in sub-section (5), for the word "court", the words "district magistrate" shall be substituted18 in section 58 of the principal act,—amendment of section 58(i) in sub-section (3), for the words "in the court", the words "before the district magistrate" shall be substituted;25(ii) in sub-section (4), for the words "court order", the words "order passed by the district magistrate" shall be substituted 19 in section 59 of the principal act,—amendment of section 59(i) in sub-section (7), for the words "in the court", the words "before the district magistrate" shall be substituted;30(ii) in sub-section (8), for the words "court order", the words "order passed by the district magistrate" shall be substitutedamendment of section 6020 in section 60 of the principal act, in sub-section (1), for the word "court", the words "district magistrate" shall be substituted21 in section 61 of the principal act,—amendment of section 6135(i) for the marginal heading, the following marginal heading shall be substituted, namely:—"procedure for disposal of adoption proceedings";(ii) in sub-section (1), for the word "court", the words "district magistrate"shall be substituted;40(iii) in sub-section (2), for the word "court", the words "district magistrate"shall be substitutedamendment of section 6322 in section 63 of the principal act, for the word "court", the words "district magistrate" shall be substitutedamendment of section 6423 in section 64 of the principal act, for the words "concerned courts", the words"district magistrate" shall be substitutedamendment of section 6524 in section 65 of the principal act, in sub-section (4), for the word "court", the words "district magistrate" shall be substituted5amendment of section 7425 in section 74 of the principal act, in sub-section (2), for the words "in cases wherethe case", the words "in the pending case or in the case which" shall be substitutedsubstitution of section 8626 for section 86 of the principal act, the following section shall be substituted, namely:—10"86 (1) where an offence under this act is punishable with imprisonment for aterm of more than seven years, then, such offence shall be cognizable and non-bailableclassification of offences and designated court(2) where an offence under this act is punishable with imprisonment for a termof three years and above, but not more than seven years, then, such offence shall be non-cognizable and non-bailable15| (3) ||------------------------------------------------------------------------------------|| than three years or with fine only, then, such offence shall be non-cognizable and || bailable |2 of 1974 4 of 200620(4) notwithstanding anything contained in the code of criminal procedure,1973 or the commission for protection of child rights act, 2005 or the protection of children from sexual offences act, 2012, offences under this act shall be triable by the children's court"32 of 2012amendment of section 8727 in section 87 of the principal act, for the "explanation", the following explanation shall be substituted, namely:—45 of 1860'explanation—for the purposes of this section, the expression "abetment" shall have the same meaning as assigned to it in section 107 of the indian penal code'2528 in section 101 of the principal act, —amendment of section 101(i) for sub-section (3), the following sub-section shall be substituted, namely:–"(3) no appeal shall lie from any order of acquittal made by the board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years"30(ii) after sub-section (5), the following sub-sections shall be inserted, namely:—"(6) any person aggrieved by an adoption order passed by the district magistrate may, within a period of thirty days from the date of such order passed by the district magistrate, file an appeal before the divisional commissioner35(7) every appeal filed under sub-section (6), shall be decided as expeditiously as possible and an endeavour shall be made to dispose it within a period of four weeks from the date of filing of the appeal:40provided that where there is no divisional commissioner, the state government or union territory administration, as the case may be, may, by notification, empower an officer equivalent to the rank of the divisional commissioner to decide the appeal"29 in section 110 of the principal act, in sub-section (2),—amendment of section 110(a) after clause (xiv), the following clause shall be inserted, namely:—"(xiva) the form of report submitted to the district magistrate under subsection (8) of section 27;";(b) after clause (xxii), the following clause shall be inserted, namely:—"(xxiia) the form of quarterly report regarding restored, dead and runaway children under sub-section (4) of section 40;" statement of objects and reasonsthe juvenile justice (care and protection of children) act, 2015 (the juvenile justice act) came into force with effect from the 15th january, 2016, by repealing the juvenile justice act, 2000,with a comprehensive provision for the children alleged or found to be in conflict with law and children in need of care and protection the juvenile justice act has been made in pursuance of the constitution of india which mandates equal rights for children and also mandates upon state, inter alia, to take suitable measures for protection of childrenthe act also fulfils the india's commitment as a signatory to the united nations convention on the rights of the child, the united nations standard millennium rules for the administration of juvenile justice, 1985 (the beijing rules), the hague convention on protection of children and co-operation in respect of inter-country adoption (1993) and other related international instruments2 sub-section (1) of section 56 of the juvenile justice act provides that adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of the said act and the rules and regulations made thereunder section 63 of the juvenile justice act stipulates that the adoption is final on the issuance of the adoption order by the court sub-section (2) of section 61 of the said act also provides that the adoption proceedings shall be disposed of by the court within a period of two months from the date of filing of an application it was observed that there is significant delay in finalisation of adoption cases in courts besides, these adoption cases are non-adversarial in nature and to be dealt according to well laid out process hence, it is proposed to culminate the adoption process at the level of district magistrate in the district3 district magistrate, being the chief executive officer in the district, is suitably placed to ensure effective coordination among the stakeholders for facilitation of necessary services for children's rehabilitation/re-integration by further empowering district magistrate to deal with child protection and adoption process, it aims to facilitate a coordinated and effective response of district administration to various issues pertaining to children, including adoption4 the juvenile justice act deals with "petty", "serious" and "heinous" categories of offences hon'ble supreme court in the matter of shilpa mittal vs state of nct of delhi(criminal appeal no 34 of 2020), vide its judgment dated the 9th january, 2020 has observed that the juvenile justice act does not deal with the fourth category of offences viz, offence where the maximum sentence is more than seven years imprisonment, but no minimum sentence, or minimum sentence of less than seven years is provided and treated the same as "serious offences" under the act5 accordingly, the juvenile justice (care and protection of children) amendment bill, 2021, inter alia, proposes:—(a) to strengthen child protection at district level by empowering district magistrate including additional district magistrate to effectively coordinate and monitor the functions of various agencies responsible for implementation of the provisions of the juvenile justice act;(b) to empower district magistrate including additional district magistrate to authorise orders of adoption, in order to address issues of delay in adoption and to propose that appeals on the orders of adoption may be preferred to the divisional commissioner;(c) to strengthen the child welfare committee by incorporating provisions relating to educational qualifications for the members and stipulating eligibility conditions for selection of the committee;(d) to categorise offences wherein maximum sentence is more than seven years imprisonment but no minimum sentence, or a minimum sentence of less than seven years has been provided as "serious offences" under the juvenile justice act; and(e) to remove difficulties in interpretation of the juvenile justice act6 the bill seeks to achieve the above objectivesnew delhi;smriti zubin iranithe 9th march, 2021 memorandum regarding delegated legislationclause 29 of the bill seeks to amend section 110 of the juvenile justice (care and protection of children) act, 2015 which provides the central government to make rules for—(a) the form of report submitted to the district magistrate under sub-section (8)of section 27; and(b) the form of quarterly report regarding restored, dead and runaway childrenunder sub-section (4) of section 402 the matter in respect of which the aforementioned rules may be made are matters of procedure and administrative details, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the juvenile justice (care and protection of children) act, 2015 (2 of 2016) definitions2 in this act, unless the context otherwise requires,— (4) "administrator" means any district official not below the rank of deputy secretary to the state, on whom magisterial powers have been conferred; (14) "child in need of care and protection" means a child— (ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or (vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or (ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or (17) "child welfare officer" means an officer attached to a children's home, for carrying out the directions given by the committee or, as the case may be, the board with such responsibility as may be prescribed; (26) "district child protection unit" means a child protection unit for a district, established by the state government under section 106, which is the focal point to ensure the implementation of this act and other child protection measures in the district; (46) "place of safety" means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, the person incharge of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an order of the board or the children's court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order; (54) "serious offences" includes the offences for which the punishment under the indian penal code or any other law for the time being in force, is imprisonment between three to seven years; chapter ii general principles of care and protection of children3 the central government, the state governments, the board, and other agencies, as the case may be, while implementing the provisions of this act shall be guided by the following fundamental principles, namely:—general principles to be followed in administration of act(i) principle of presumption of innocence: any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years(ii) principle of dignity and worth: all human beings shall be treated with equal dignity and rights(iii) principle of participation: every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child's views shall be taken into consideration with due regard to the age and maturity of the child(iv) principle of best interest: all decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential(v) principle of family responsibility: the primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be(vi) principle of safety: all measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter(vii) positive measures: all resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this act(viii) principle of non-stigmatising semantics: adversarial or accusatory words are not to be used in the processes pertaining to a child(ix) principle of non-waiver of rights: no waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a board or a committee and any non-exercise of a fundamental right shall not amount to waiver(x) principle of equality and non-discrimination: there shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child(xi) principle of right to privacy and confidentiality: every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process(xii) principle of institutionalisation as a measure of last resort: a child shall be placed in institutional care as a step of last resort after making a reasonable inquiry(xiii) principle of repatriation and restoration: every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socioeconomic and cultural status that he was in, before coming under the purview of this act, unless such restoration and repatriation is not in his best interest(xiv) principle of fresh start: all past records of any child under the juvenile justice system should be erased except in special circumstances(xv) principle of diversion: measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole(xvi) principles of natural justice: basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this act juvenile justice board4 (1) juvenile justice board(7) the appointment of any member of the board, except the principal magistrate, may be terminated after holding an inquiry by the state government, if he— (iii) fails to attend less than three-fourths of the sittings in a year; or 8 (1) (3) the functions and responsibilities of the board shall include—powers, functions and responsibilities of the board (m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home; and 12 (1) bail to a person who is apparently a child alleged to be in conflict with law(2) when such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a board orders regarding child found to be in conflict with law18 (1) where a board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the board may, if it so thinks fit,—(a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian;(b) direct the child to participate in group counselling and similar activities; (c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the board;(d) order the child or parents or the guardian of the child to pay fine: provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated;(e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the board may require, for the good behaviour and child's well-being for any period not exceeding three years;(f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child's well-being for any period not exceeding three years;(g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy and psychiatric support during the period of stay in the special home:provided that if the conduct and behaviour of the child has been such that, it would not be in the child's interest, or in the interest of other children housed in a special home, the board may send such child to the place of safety chapter v child welfare committee27 (1) child welfare committee(4) no person shall be appointed as a member of the committee unless such person has been actively involved in health, education or welfare activities pertaining to children for at least seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development (7) the appointment of any member of the committee shall be terminated by the state government after making an inquiry, if— (iii) he fails to attend the proceedings of the committee consecutively for three months without any valid reason or he fails to attend less than threefourths of the sittings in a year (8) the district magistrate shall conduct a quarterly review of the functioning of the committee (10) the district magistrate shall be the grievances redressal authority for the child welfare committee and anyone connected with the child, may file a petition before the district magistrate, who shall consider and pass appropriate orders 32 (1) (2) the information regarding a child referred to in sub-section (1) shall be mandatorily uploaded on a portal as may be specified by the central government or the committee or the district child protection unit or the child care institution, as the case may bemandatory reporting regarding a child found separated from guardian orders passed regarding a child in need of care and protection37 (1) the committee on being satisfied through the inquiry that the child before the committee is a child in need of care and protection, may, on consideration of social investigation report submitted by child welfare officer and taking into account the child's wishes in case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:—(a) declaration that a child is in need of care and protection; (b) restoration of the child to parents or guardian or family with or without supervision of child welfare officer or designated social worker;(c) placement of the child in children's home or fit facility or specialised adoption agency for the purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child;(d) placement of the child with fit person for long term or temporary care; (e) foster care orders under section 44; (f) sponsorship orders under section 45; (g) directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection and rehabilitation of the child, including directions relating to immediate shelter and services such as medical attention, psychiatric and psychological support including need-based counselling, occupational therapy or behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow-up and coordination with the district child protection unit or state government and other agencies;(h) declaration that the child is legally free for adoption under section 38 38 (1) procedure for declaring a child legally free for adoption(5) the committee shall inform the state agency and the authority regarding the number of children declared as legally free for adoption and number of cases pending for decision in the manner as may be prescribed, every month registration of child care institutions41 (1) notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a state government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this act in such manner as may be prescribed, within a period of six months from the date of commencement of this act, regardless of whether they are receiving grants from the central government or, as the case may be, the state government or not:56 of 2000provided that the institutions having valid registration under the juvenile justice(care and protection of children) act, 2000 on the date of commencement of this act shall be deemed to have been registered under this act(2) at the time of registration under this section, the state government shall determine and record the capacity and purpose of the institution and shall register the institution as a children's home or open shelter or specialised adoption agency or observation home or special home or place of safety, as the case may be 54 (1) inspection of institutions registered under this act(2) such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits within a week of their visit, to the district child protection units or state government, as the case may be, for further action(3) on the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the district child protection unit or the state government and a compliance report shall be submitted to the state governmentevaluation of functioning of structures55 (1) the central government or state government may independently evaluate the functioning of the board, committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and through such persons or institutions as may be prescribed by that government [10] m c adoptionadoption56 $(1)^{\circ}$56 $(1)^{\circ}$(5) any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the court, shall be punishable as per the provisions of section 80 58(1) procedure for adoption by indian prospective adoptive parents living in india(3) on the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the specialised adoption agency shall give the child in pre-adoption foster care and file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the authority(4) on the receipt of a certified copy of the court order, the specialised adoption agency shall send immediately the same to the prospective adoptive parents 59 (1) (7) on receipt of the acceptance of the child from the prospective adoptive parents, the specialised adoption agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the authorityprocedure for inter-country adoption of an orphan orabandoned or s u r r e n d e r e d child(8) on the receipt of a certified copy of the court order, the specialised adoption agency shall send immediately the same to authority, state agency and to the prospective adoptive parents, and obtain a passport for the child 60 (1) a relative living abroad, who intends to adopt a child from his relative in india shall obtain an order from the court and apply for no objection certificate from authority, in the manner as provided in the adoption regulations framed by the authorityprocedure for inter-country relative adoption 61 (1) before issuing an adoption order, the court shall satisfy itself that—(a) the adoption is for the welfare of the child;court procedure and penaltyagainst payment in consideration of adoption(b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and(c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the authority towards the adoption fees or service charge or child care corpus (2) the adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing| | | | | ||------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|------|------|-----|| effect of | | | | || adoption | | | | || 63 | a child in respect of whom an adoption order is issued by the court, shall become | | | || the child of the adoptive parents, and the adoptive parents shall become the parents of the | | | | || child as if the child had been born to the adoptive parents, for all purposes, including | | | | || intestacy, with effect from the date on which the adoption order takes effect, and on and from | | | | || such date all the ties of the child in the family of his or her birth shall stand severed and | | | | || replaced by those created by the adoption order in the adoptive family: | | | | || provided that any property which has vested in the adopted child immediately before | | | | || the date on which the adoption order takes effect shall continue to vest in the adopted child | | | | || subject to the obligations, if any, attached to the ownership of such property including the | | | | || obligations, if any, to maintain the relatives in the biological family | | | | || reporting | of | | | || adoption | | | | || 64 | notwithstanding anything contained in any other law for the time being in force, | | | || information regarding all adoption orders issued by the concerned courts, shall be forwarded | | | | || to authority on monthly basis in the manner as provided in the adoption regulations framed | | | | || by the authority, so as to enable authority to maintain the data on adoption | | | | || 65 | ( | 1 | ) | || specialised | | | | || adoption | | | | || agencies | | | | |(4) in case any specialised adoption agency is in default in taking necessary steps on its part as provided in this act or in the adoption regulations framed by the authority, for getting an orphan or abandoned or surrendered child legally free for adoption from the committee or in completing the home study report of the prospective adoptive parents or in obtaining adoption order from the court within the stipulated time, such specialised adoption agency shall be punishable with a fine which may extend up to fifty thousand rupees and in case of repeated default, the recognition of the specialised adoption agency shall be withdrawn by the state government chapter ix other offences against children74 (1) prohibition on disclosure of identity of children(2) the police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed of 86 (1) where an offence under this act is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable by a children's courtclassification of offences and designated court(2) where an offence under this act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a magistrate of first class(3) where an offence, under this act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any magistrateabetment87 whoever abets any offence under this act, if the act abetted is committed in consequence of the abetment, shall be punished with the punishment provided for that offenceexplanation—an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment appeals101 (1) (3) no appeal shall lie from,—(a) any order of acquittal made by the board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or(b) any order made by a committee in respect of finding that a person is not a child in need of care and protection 110 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (xiv) qualifications of the members of the child welfare committee under subsection (5) of section 27; (xxii) information to be given every month by the committee to state agency and authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 38; ———— a bill to amend the juvenile justice (care and protection of children) act, 2015————(smtsmriti zubin irani, minister of women and child development)mgipmrnd—1576ls(s3)—10-03-2021 | Parliament_bills | 9c312911-21d6-5472-9aaf-57400f6ea95d |
bill no 83 of 2011 the backward areas development board bill, 2011 byshri jagdambika pal, mp a billto provide for the establishment of an autonomous board for the overall development of economically backward areas of the countrybe it enacted by parliament in the sixty-second year of the republic of india as follows:— 1 this act may be called the backward areas development board act, 2011short title identification of backward areas52 (1) the central government shall, by notification in the official gazette, declare the areas of the country which in the opinion of the central government are economically backward(2) till such time the central government by notification declares, the following areas shall be treated as backward areas:—(i) vidarbha region of the state of maharashtra; (ii) telangana region of the state of andhra pradesh; (iii) southern districts of the state of tamil nadu; (iv) northern areas of the state of bihar;(v) tribal areas of the states of orissa, madhya pradesh and chhattisgarh;(vi) hilly regions of the state of uttar pradesh; (vii) state of himachal pradesh; (viii) hilly areas of the state of uttarakhand; (ix) north-eastern states; and5(x) eastern part of the state of uttar pradesh3 (1) there shall be established by the central government, by notification in the official gazette, a board to be called the backward areas development boardbackward areas development board10(2) the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued(3) the head office of the board shall be at new delhi and board may, with the previous approval of the central government, establish offices at other places in the country4 the board shall consist of the following members, namely:—composition of board15(a) a chairman, who shall be the vice-chairman of the planning commission, ex-officio;(b) a vice-chairman to be appointed by the central government; (c) six members of parliament of whom four shall be from lok sabha and two from rajya sabha to be elected by the members of the respective houses, who belong to the backward areas, from amongst themselves;20(d) nine members to be appointed by the central government to represent respectively:—(i) the planning commission (other than the chairman of the board); (ii) the ministry of the central government dealing with agriculture;25(iii) the ministry of the central government dealing with industrial development;(iv) the ministry of the central government dealing with finance; (v) the ministry of the central government dealing with railways; (vi) the ministry of central government dealing with communications and information technology;30(vii) the ministry of the central government dealing with education; (viii) the ministry of the central government dealing with health and family welfare; and(ix) the ministry of the central government dealing with irrigation35(e) not more than five members to be appointed by the central government, by rotation in alphabetical order, to represent the government of the states having the backward areas; and( f ) four members to be appointed by the central government, who, in the opinion of that government, are experts in various fields of economic development40development of backward areas5 (1) it shall be the duty of the board to promote, by such measures as it thinks fit, theall-round development, under the control of the central government, of the backward areas of the country5(2) without prejudice to the generality of the provisions of sub-section (1), the board shall take measures for the development, particularly, of railways, roads, posts and telegraphs and other means of communications, agriculture and irrigation, industries, banking, drinking water and water power, forests, live-stock, health and family welfare, education, vocational training and tourism in the backward areas of the country(3) the central government shall set up such industries in the backward areas as it may determineappropriation of fund 6 the central government shall provide from time to time, after due appropriation made by parliament by law, adequate funds for— (a) development works undertaken by the board; and10(b) administrative expenses of the boarddevelopment fund157 the board shall have a fund to be called the development fund to which shall be credited all receipts from the central government for the purposes of development of the backward areas and all payments by the board towards development expenditure shall be made therefromadministration fund8 the board shall also have a fund to be called the administration fund to which shall be credited all receipts from the central government for the purposes of administration of the board and all administrative expenses shall be met therefrom9 the vice-chairman of the board shall be entitled to such salary and allowances as may be prescribed by the central government20salary of vice- chairman secretary to the board10 the central government shall appoint a secretary to the board to exercise such powers and perform such duties as may be delegated to him by the chairman and the vice-chairman2511 the board may appoint such officers and employees as may be necessary for the efficient performance of its functionsappointment of officers and staff annual report12 (1) the board shall submit every year a report, in such form as may be prescribed, of its development activities in the backward areas to the prime minister(2) the prime minister shall cause the report to be laid before each house of parliament as soon as may be after receipt of the report30powers to make rules13 (1) the central government may make rules for carrying out the purposes of this act35(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of thirty days as aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be made without prejudice to the validity of anything previously done under the rule statement of objects and reasonsthe need for reducing and removing economic disparties between different regions of the country was recognised as soon as the nation launched the programme of planned economic development accelerated development of backward areas, with a view to reducing regional disparities, was one of the important national objectives but, even after sixty-four years of independence, the economic disparities among regions have not only persisted but have also increased required attention has not been paid to develop the backward areasfor the development of the backward areas of the country and to bring them up in a short time to the level of the rest of the country, the strategy should be to evolve a fully integrated development programme for identified backward areas to ensure their all round progress for drought-prone areas which have a predominance of small and marginal farmers, area based programmes which envisage a flow of the necessary inputs in the form of a package to enable accelerated economic development should be implemented in addition, a programme of giving incentives to enable accelerated industrialization of identified backward areas should be implemented it should be ensured that infrastructural facilities like power, water supply and transport are steadily developed and made available to areas which are at present lagging behind industrially or where there is a greater need for providing opportunities for employment in order to achieve these objectives, an autonomous body, though under the overall control of the central government, should be established which would be responsible for planning and implementation of area based package programmes in coordination with the planning commission and the state governmentsthe bill seeks to achieve the above objectivenew delhi;jagdambika palseptember 5, 2011 ———— president's recommendation under article 117(3) of the constitution of india[copy of do no h-11016/25/2011-mlp dated 20 october, 2011 from dr ashwani kumar, minister of state in the ministry of planning and minister of state in the ministry of science and technology and minister of state in the ministry of earth sciences to the secretary-general, lok sabha]the president, having been informed of the subject matter of the backward areas development board bill, 2011 by shri jagdambika pal, member of parliament, has recommended the consideration of the bill by lok sabha under article 117(3) of the constitution financial memorandumclause 3 of the bill provides for the establishment of the backward areas development board clause 4 provides for appointment of vice-chairman and four members who are experts in various fields of economic development, among others clause 9 provides for payment of salary to vice-chairman clauses 10 and 11 provides for appointment of a secretary to the board and other necessary staff for performance of the functions of the board the bill, therefore, if enacted, is likely to involve a recurring expenditure of about rupees fifteen lakh from the consolidated fund of india on account of administrative expenses so far as the development expenditure (clause 6) is concerned, that will form part of the annual expenditure on development plans of the country as a whole, and the development funds shall be made available to the board after due appropriation by parliament an estimate of such expenditure is not possible at this stage however, a recurring expenditure of about rupees ten thousand crore is likely to be incurreda non-recurring expenditure of about rupees fifty crore is also likely to be incurred memorandum regarding delegated legislationclause 13 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will provide for matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the establishment of an autonomous board for the overall development of economically backward areas of the country————(shri jagdambika pal, mp) | Parliament_bills | 3be05401-5c27-5176-acbb-adbf23dd2287 |
bill no 143 of 2021 the farm laws repeal bill, 2021 a billto repeal the farmers (empowerment and protection) agreement on price assurance and farm services act, 2020, the farmers' produce trade and commerce (promotion and facilitation) act, 2020, the essential commodities (amendment) act, 2020 and to amend the essential commodities act, 1955be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title1 this act may be called the farm laws repeal act, 2021repeal of acts 20 of 2020, 21 of 2020 and 22 of 2020amendment of act 10 of 1955 statement of objects and reasonsagriculture marketing plays an important role in providing necessary services to producers and buyers majority of the farmers in india are small and marginal farmers with less than two hectares of land the government has been making several interventions to support farmers, including small and marginal farmers by providing quality seeds, credit, insurance, procurement and market support and the like2 the budget allocation for department of agriculture has been increased by more than five times since 2014 and this year one hundred twenty three lakh crore rupees are being spent on various schemes or programmes under the soil health card scheme, approximately twenty-two crore cards have been distributed to farmers which are aimed at enhancing farm productivity under another scheme, one hundred six lakh crore rupees have been transferred directly to eleven crore farmers to increase the bargaining power of small and marginal farmers, a central sector scheme for formation and promotion of ten thousand farmer producer organisations with a budget of six thousand eight hundred sixty-five crore rupees has been launched risk mitigation for farmers has been ensured under the bima yojana since the launch of the said yojana in 2016, claims of over one lakh crore rupees have been settled benefitting approximately eight crore eighty-three lakh claims of farmers the agriculture infrastructure fund of one lakh crore rupees will promote investment in farm gate for post harvest infrastructure like warehouses, cold storages and community assets and the like the agricultural marketing infrastructure has been modernised with the launch of national agriculture market, a pan-india virtual trading platform for transparent price discovery the flow of credit for crop loans has been doubled since 2014 to sixteen lakh crore rupees allocation to micro irrigation has also been doubled farmers' welfare schemes and programmes such as natural farming, organic farming, oil palm mission, pulses mission and agriculture mechanisation have been expanded for the first time minimum sale price has been fixed atleast 15 times of the cost of production, and procurement of oilseeds, pulses and cotton have also started, in addition to paddy and wheat3 to enable the farmers to sell their produce at higher prices and benefit from technological improvements, farmers have been provided access to agriculture markets which will help them increase their income with this objective three farm laws, namely, (i) the farmers (empowerment and protection) agreement on price assurance and farm services act, 2020 (20 of 2020); (ii) the farmers' produce trade and commerce (promotion and facilitation) act, 2020 (21 of 2020); and (iii) the essential commodities (amendment) act,2020 (22 of 2020), were enacted, as a part of the government's endeavour to improve the condition of farmers including small and marginal farmers these enactments—(a) provided freedom to the farmers to sell their produce to any buyer at any place of their choice to realise remunerative prices;(b) created an ecosystem wherein processor, bulk buyers, organised retailers and exporters and the like can directly engage with the farmers;(c) created a facilitative framework for electronic trading to improve transparency and price discovery; and(d) provided a legal framework for farming contracts to protect the interest of the farmers, economically empower them and assure the price for their produce in advance for years, this demand was constantly made by farmers, agricultural experts, agricultural economists and farmer organisations across the country during the covid-19 pandemic, reform measures have been undertaken in many sectors of the economy, including agriculture and allied sectors4 these enactments were made for the overall socio-economic development of the farmers and rural sector after extensive consultations with various stakeholders following the felt need and demand of the farmers' organisations, suggestions and recommendations of the experts, professionals, agricultural economists, expert committees over the years various governments during the last three decades have tried to initiate such reforms, but not in a comprehensive way further, there has been technological advancement in recent times5 even though only a group of farmers are protesting against these laws, the government has tried hard to sensitise the farmers on the importance of the farm laws and explain the merits through several meetings and other forums without taking away the existing mechanisms available to farmers, new avenues were provided for trade of their produce besides, farmers were free to select the avenues of their choice where they can get more prices for their produce without any compulsion however, the operation of the aforesaid farm laws has been stayed by the hon'ble supreme court of india during the covid period, the farmers have worked hard to increase production and fulfil the needs of the nation as we celebrate the 75th year of independence— "azadi ka amrit mahotsav", the need of the hour is to take everyone together on the path of inclusive growth and development6 in view of the above, the aforesaid farm laws are proposed to be repealed it is also proposed to omit sub-section (1a) of section 3 of the essential commodities act, 1955 (10 of 1955) which was inserted vide the essential commodities (amendment)act, 2020 (22 of 2020) narendra singh tomarnew delhi;the 24th november, 2021 financial memorandumthe farm laws repeal bill, 2021 does not involve any expenditure either recurring or non-recurring from and out of the consolidated fund of india annexure extract from the essential commodities act, 1955 (10 of 1955)3(1) (1a) notwithstanding anything contained in sub-section (1),—powers to control production, supply, distribution, etc, of essential commodities(a) the supply of such foodstuffs, including cereals, pulses, potato, onions, edible oilseeds and oils, as the central government may, by notification in the official gazette, specify, may be regulated only under extraordinary circumstances which may include war, famine, extraordinary price rise and natural calamity of grave nature;(b) any action on imposing stock limit shall be based on price rise and an order for regulating stock limit of any agricultural produce may be issued under this act only if there is—(i) hundred per cent increase in the retail price of horticultural produce; or (ii) fifty per cent increase in the retail price of non-perishable agricultural foodstuffs, over the price prevailing immediately preceding twelve months, or average retail price of last five years, whichever is lower: provided that such order for regulating stock limit shall not apply to a processor or value chain participant of any agricultural produce, if the stock limit of such person does not exceed the overall ceiling of installed capacity of processing, or the demand for export in case of an exporter:provided further that nothing contained in this sub-section shall apply to any order, relating to the public distribution system or the targeted public distribution system, made by the government under this act or under any other law for the time being in forceexplanation—the expression "value chain participant", in relating to any agricultural product, means and includes a set of participants, from production of any agricultural produce in the field to final consumption, involving processing, packaging, storage, transport and distribution, where at each stage value is added to the product ———— a billto repeal the farmers (empowerment and protection) agreement on price assurance andfarm services act, 2020, the farmers' produce trade and commerce (promotion and facilitation) act, 2020, the essential commodities (amendment) act, 2020 and to amend the essential commodities act, 1955————(shri narendra singh tomar, minister of agriculture and farmers' welfare)mgipmrnd—1149ls(s3)—25-11-2021 | Parliament_bills | be982ad7-68a3-5850-bb06-bf96314b6053 |
the state agricultulual credit corporat rom bill, 1968 (to be/aa introduced in lok sibha)1 - page 5, 11r·~ 7,-'l,0e, "on" read ii of" 2 page 6, line 7,-after "and" insert " " , 3 page 9, in the marginal heading to olause 18,-for "member" read "members" --4 page 9, line 32,-ilor" read "of" -5 page 11, in the marginal heading to olause 22,-for "borrowing" ~ "borrowings" 6 page 11, line 22,-m "every" ~ "the" 7 page 11, line 25,-1 after "fund" insert " )" 8, page 11, in the marginal heading to clause 24,-2iuu ;, of" 9 page 14, line 25,-in the marginal oi tation !2£ "1958" reaq "1956" 10 page 16, line 22,-"10 of 194 1 ~lt the marginal citation 11 page 30, line 3,-f,or "carring" read "carrying" 12 in the docket page, !2~ "territorie" ~_es "territories" 13 correot line numbers on pages 4, 8 and 19 ne\f deil:ii; lay' 1968 - arrangement of clauses chapter i przllmlnaay1 short title and commencement 2 definitions chapter ii incorporation of state agricultural crbdjt corporations ajn) thedl capital3 establishment of state agricultural credit corporatiolll 4 head office and other oftlces 5 share capital and shareholders 6 restrictions on transfer of shares chapl'eriii managdrlent of the coitpoaatiojr7 management 8 corporation to be guided by directiodl of central govel'j)o ment 9 collltitution of board 10 managing direetor 11 term of oftlce of direetors other than managm, director 12 disqualification& 13 vacation of seats of directol'8 clauses14 executive committee and other committees of the corporation is: 'meetings of board and committees , 16 director of board or members of a committee nat to vote in certain cases 17 defects in appointments not to invalidate acts etc 18 fees and allowanees of directors and members of committees chapter iv business and funds or the corporation19 business which the corporation may transact 20 borrowing by the corporation 21 deposits with the corporation 22 limits on borrowings and deposita 23 corporation to maintain two funda 24 stabilisation fund 25 reserve fund 26 payment of dividend 27 investment of surplus funds 28 recovery of moneys due to the corporation 29 acquisition or transfer by the corporation of business, asset and liabilities from or to co-operative societies chapter v30 general meetings chapter vi31 accounts 32 audit as retuma clauses chapter vii application of certa1n l cts to the corporatiojr34 certain provisions of the banking regulation act, 1949, apply to the corporation 35 certain provisions of the reserve bank of india'aet, 1934, to apply to the corporation 36 reserve bank of india act 1934 and banking rejlulatlon act, 1949, not to apply except as otherwise provided 37 the bankers' books evidence act, 1891, to apply 38 corporation to be deemed to be a co-operative society for the purposes of income-tax act 1961 39 court, tribunal, etc, not to require production of report on inspection made by the rese~e bank chapl'er viii miscellaneous40 declaration of ftdelity and secrecy 41 indemnity of director 42 protection of action taken in good faith 43 liquidation of the corporation 44 reserve bank to submit report 45 staff of the corporation and delegation of powers 46 power of the central government to make rules 47 power of the board to make regulations 48 amendment of act 10 of 1963 the schedule rations bill, 1968 billto provide for the establishment in the states and union ten-itorif, of agricultural credit corporations and for matter, connected therewith or incidental thereto be it enacted by parliament in the nineteenth year of the republic of india as follows:- chapter i puldonabys 1 (1) this act may be called the state agricultural credit co!-- short porations act 1968 title add coin· (2) it shall come into force on such date as the central governmenee ment may, by noti1ication in the official gazette, appoint, and menl different dates may be appointed for different states or for different union territories % in this act, unless the context otherwise requires,-deftnitiona (a) "agricultural marketing society" means a co-operative society the objects of which include the marketing of agricultu- 5 ral produce; (b) "agricultural operation" includes animal husbandry, dairy farming, pisciculture and poultry farming; ezplcnction-the expression "pisciculture" incluth!s the development of fisheries, both inland and marine, catching of 10 fish and all activities connected therewith or incidental thereto; (e) "agricultural processing society" means a co-operauve society the objects of which include the processing of agricultu- ra! produce; (d) "agricultural produce" includes the produce of an agri- is cultural operation; (e) "appropriate government" means,-(i) in relation to any corporation established in a union territory, the central government, and (ii) in relation to any corporation established at any 20 other place, the state government; 1t <f) "banking company" has the meaning assigned to it in clause (e) of section 5 of the bariking regulation act, 1949; (g) "board", in relatiod to the corporation, means the board of directors of the corporation; 2s (h) "ea-operative farming society" means a co-operative society the objects of which include the cultivation of land on a co-operative basis; (0 "corporation", in relation to a state or union territory, means the agricultural credit corporation established under 30 section 3 in that state or union territory, as the case may' be; (j) "director" means a member of the board; (k) "food corporation" means the food corporation of india established under the food corporations act, 1964; (i) "prescribed" means prescribed by rules maqe under this 35 act; (m) "reserve bank" means the reserve bank of india constituted under the reserve bank of india act, 1934; , 2ol1934 (n) "subsidiary bank" has the meaning assigned to it in the state bank of india (subsidiary banks) act, 1959; 18 of 1959 (0) "central c()oo()perative bank", "co-operative bank", clcooperative society", "primary agricultural credit society", "scheduled bank", "state bank" and "state co-operative bank", have the meanings respectively assigned to them in section 2 of the reserve bank of india act, 1934 chapter ii 10 incoiu'oration of s~ati: agilicultural credit corporations and their capital3 (1) the appropriate government may, by notification in the establish-ofbcial gazette, establish in any state or union territory an agri- ment of is cultural credit corporation under such name as maybe specified in state the notification: agricultural provided that no such corporation shall be esiablished in any gredit state or union territory other than the states of assam, bihar, ti:~:ororissa, rajasthan and west bengal and the union territories of 20 manipur and tripura, except whh the previous approval of the central government, and no such approval shall be given by the central government except after consultation with the reserve bank (2) the corporation established under this act shall be a body corporate by the name specified in the notification referred to in 2s sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, and to contract, and may by that name sue or be sued 4 (1) the corporation shall establish its head office at such head 30 place in the state or union territory as the appropriate government office may, after consultation with the reserve bank, specify and other omell (2) the corporation may, after consultation with the appropriate government, establish offices or agencies at other places in the state or union territory, as the case may be 3s 5 (1) the authorised capital of each corporation bau be loeh share bum as the appropriate government may initially fix but it shau, in capital do case, be leu than ode q'oi'8 of rupees or more thllll ave croi'el of :!r provided that where the authorised capital iditially fixed is lea than five crores of rupees, the appropriate government may, from time to ti:ne, increase the authorised capital to such sum not exceedin, five crores of rupees: provided further that where the appropriate government is not 5 the central government, the initial fixation of the authorised capital and any subsequent increase or reduction thereof, shall be made with the prior approval of the central government (2) the authorised capital of each corporation shall be divided into such number of shares as the appropriate government may 10 determine and shall be issued as fully paid-up shares to the parties nlentioned in sub-section (3) at such times and in luch madder and to luch extent as the appropriate government may determine ud each of such shares shall have the same face value (3) out of the capital issued under sub-section (2),-15 (a) in the case of a corporation established in a state, the central government shall subscribe for thirty per cent of the share capital, and in the case of a corporation established in a union territory, the central government shan subscribe for fifty per cent of the share capital; 20 (b) the reserve bank shall subscribe for twenty per cellt of the share capital; (c) in the case of a corporation established in a state, the state government shall subscribe for twenty per cent of the share capital; 25 (d) the food corporation, state bank, subsidiary banks and bankin, companies may subscribe for, in tbe a,grejate, thirty per cent of the share capital: provided that node of the said parties shall subscribe for more than fifteen per cent of the share capital 30 (4) the parties referred to in sub-section (3) shall sublcribe for the shares before such date as may be specified in this behalf by the central government by notification in the oftlcial gazette (5) subject to the provisions of sub-section (3), the central government shall determine the number of shares which an to be allotted to the parties referred to in clause (d) of that sub-section: :35 provided that if any of the parties referred to in clause (d) of sub-section (3) fails to subscribe for any share allotted to it, iueil share shall be subscribed for by the central govemment the "lerw bank and the appropriate government in such proportions as may be determined by the central government: provided further that the shares subscribed for by the cedtrai , govel'lulledt, the reserve bank and the appropriate governmeat, in pul'l1lallce of the provisions of the foregoing proviso, may be tra - ferred to any party who is elipble under clause (d) on sub·section (3) to subscribe for sueh shares in the first instance, so, however, that the total number, of shares held by any of the parties referred 10 to in that clause does not exceed fifteen per cent of the share eapltlll of the corporation s save as otherwise provided in the second proviso to sub-sectlon ~ (5) of section 5, the shares of the corporation shall not be transfer- !:r: able 1 : of ihu'ii chap1'er itr management of the corporation1 (1) the general superfjitendence, direction and management of !ianapthe affairs and business of the corporation shall vest in a board of ment directors who may exercise all the powers and discharge au the :ao functions which may be exercised or discharged by the corporatiod and are not by this act expressly directed or required to be done by the corporation in general meeting (2) the board in discharging its functions shall act on buslde principles, regard being had to public interest 2s 8 in the discharge of its functions, the corporation shall be guld- ~orpor , eel by such directions in matters of policy involving public interest to ~ ii as the central governmem may, in consultation with the reserve ,wded bj bank, give to it in writing and, if any question aribes whether a dlree- direetloal tion relates to a matter of policy involving public interest, the decj- of 30 sion of the central government thereon shall be final ~=_ mant-i the board of directors of the corporation shall cons'ist of the eanutu tiod f1l following, namely: - ,--- " "w" bout (a) one director to be nominated by the central government who shall be the chainnan of the board; 35 (b) two directors nominated by the appropriate government, one of whom shall be a person who has special knowledge of co-operation and who is not an employee of the central or state government or· of -the reserve bank, state bank, 1ubt1-diary bank, banking company, or food corporation; (c) one director to be dominated by the reserve bank: (d) two directors to be elected in such manner as jil'v be prescribed by the parties subscribing for shares in pursuance of the provisic'lls of clause (d) of lub-eectiod (3), and lub-aectlon (5) of section 5; , (e) a man~ging director to be appointed by thecentraj govemmentand except in the case of first appointment, after consultation with the board 10 (1) the managing director shad-(a) be a whole-time oftlcer of the corporation; 10 (b) perform such duties as the board may, by regulations or otherwise, assign to him: (c) hold oftice for such term, not exceeding ftve years, as the central government may specify at the time of the appointment and be eligible tor re-appointment; is (en r~lve such salary and allowances and be governed ·bysuch terms and conditions 'of service as the central government ma),-(i) in the case of first appointment determine or (ii) in the cae of anv subsequent appointment, deter- 20 mine after consultation with the board (2) the central government may, after conl1i11tation with the f:4mrd·and· for sufbcient cawle, remavethe managing director from otftce: prov~ded that no managing director shall be so removed unle 25 be has been given an opportunity of sbow1dg cause against' his removal (3) if the ma~gi~,(iirector js byi1p~ity or,'?them~ ~ndered incapable of carfytng out his duties or' is 'absent on leave oj' otl1e~se in circumlsta~ces ' not 'invo~$g the ~~tion of his ap- 30 pointmel1;t, tl)~ :central government ma" ~er consultation with ~he bo~,' appoint another perionto act in bj place during hil ao~nce ,il (l) a aommtec! c:urecnar ouler tau the ~m dtd!irtot tenn ul = hold dee during the pleasure of the -,tqqri:ty ljomi~ omce of ciirecton other than (2) all elected ~tor shall hold alice for a period of an> manatid; s ;years from the date'of'hhjeletrt1on: ' direc'tor provided that 8n et~t'ect ~tor shall continue 1a oftlce until ' the election of his auccesaor -' , ", ", ' q no pe1'i1od ~ be a d,irecto~ ,who,-disquau_ 10 (4) except in the cu4t oi tu managing 4irector, is - aala- ficatiolll ried ob;icial of the corporation, or "',' ' , ", :",: : ' (~ is, 01' at ally time ~ been, adjuqaeq insolvent or ~ ilupeddedpaymedt of his qebts or baa com'po~ed with ~ ere w~~~ , (c) is of unsound mind and stands 10 declared by a compe~~ cowt, ql' ', , (d) is or has been convicted at an oftence which, in the opinion of the central' govemment, idvoivel'moral t\ll'(>hude u (1) ifa dir8ctor,-vacation (4) becomea subject to any dlsquajif1cation apecifted in he- of beata tied 12, or' , of c!irec-20 , to (b) is absent wlthout leave of the :board for more tban three 'eon&eeutlve meetinp 1bereof, his seat shall thereupon become vacant (2) 'l'be managina du-ector 01: any other director may resign his 2501lice dy glv1llg notlce meteot in wtitirig to dlemthority by whieh he w~' appolutec1 or nominated, or if he is a' director elected under clause (a) of section ii, to the board, and on such reslgnatlon being acc~pt~d, shall be deemend to have vacated his ot!ice 14 (1) 'rhe jjuard lnay constitute an executive committ~e con- executiw 30 slstldg at tne l:11auman of the board, who snail be the chairman committee thel'eot the managing director and two other directors, ole 01 whom and o~ ' , comnutihaj,l be a person nommated by the appropriate government under tees of cjause (b) of section 9 the cor (2) the executlve committee shall discharge such functiollll as paratieb· 3s may be prescribed, or may be delegated to it, by the board (3) the board may constitute such other committe:s, whether jonslsung "wholly of directors or wholly of other persons or parqy of d1rectol8 and partly of other pei'8ods; as it may thidk fit tor·1i1c:h purpoeea u it may decide ii (1) the board or the executive committee or any other committee &hau meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at 5 ita meetings as may be prescribed (2) three directors personally present at any meeting of the boar~ and two members personally present at a meeting of a committee ahall'be the quorwn !dr suc\lmeeting (3) if, for any reason, the chairman of the board or of any com- 10 mluee is unable to attend any meeting of the board or the committee, the case may be, the members present at the meeting iihall elect one of them to presidt! at the meeting (4) u for any reason a director nominated under clause (a), is clause (b) or clause (c) of section 9 is unable to atte~d an7 meeting of the board or of any committee if he is a member thereof, the government or the reserve bank by which such director was nominated may depute any other person to attend such meeting and the person so deputed shall, for the purposes of the said meeting, 20 be deemed to be a director noi:linated under clause (a), clause (b) or clause (c), as the case may be, of the said section 9 or a member of the committee concerned - (5) all questions which may come up before any meeting of the board or a committee shall ·be decided by a majority of votes of 25 the members present, and in the event of an equality of votes, the chairman of the board or of the committee, as the case' may be, or in hia abaence the person presiding, shall have a second or casting yo~ j)jreetofa of board or mem_ bers of a coiinmitt dot to •• til eerta!a 11 every director or member of a committee who has an, 30 direct or indirect pecuniary or other interest in any matter comins up for consideration at a meeting of the board or a eo~ttee iihall, as soon as possible, after the relevant facts or circumstances have come to his knowledge, disclose the nature of his interest at uch meeting and the disclosure so made shall be recorded in the 35 minutes of the meeting of the board or of the committee, u the ease may be, and no such director or member shall thereafter take any part in any deuberation or decision of the board or committee with respect to that matter nor shall his presence at such meetins be taken into 8cooudt for the purpose of determining the quorum tot the meeting at the time of such deliberation oi'votidg, anci it he does vote, his vote &hall be void: provided that nothing contained in this section shall apply to such director or member of a committee by reason only of his be-s ing a shareholder holding not more than two per cent of the paidup capital in any public company as defined in the companies act 1956, or in any other corporation established by any law for the time being in force in india or in any co-operative society, with which or to which the corporation has entered into or made, or pl'c)o 10 poses to enter into or make, a contract, loan arrangement or pl'c)o ~ !;:,,j! 17 (1) no act or proceeding of the board or of any of its com- detec:t mlttees shall be questioned or be invalid on the ground merely of!'il appointthe existence of any vacancy in, or any defect in the constitution of, menta is the board or the committee, as the case may be not to invalidate (z) no act done by any person acting in good faith as a director acts, etc or member of any committee shall be deemed to be invalid merely on the ground that he was disqualified to be a director or member or that there was any other defect in his nomination or appointment 20 18 every pirector and every member of a committee shall be fees an4 paid such fees and allowances as the board may, by regulations, allow&lldetennine, for attending the meetings of the board or~ as the cue ces of may be, any of its committees, or attending to any other work of :;ctora the corporation: member of com-25 provided :that no fees shall be paid to the chairman, managing mitt director or any other director, if he is an oftlcer of the government, reserve bank, state bank, subsidiary bank, banking company or !i'ood corporation chapter iv business and funds of me cqiuioratiok30 19 subject to the provisions of this act, the corporation may transact the following kinds or business, namely:-buein_ which the cor poratiod may tranact (a) the granting of loans and advances, repayable within a period, not exceeding five years, to agriculturists, agricultural 35 marketing societies, agricultural processing societies, central co-operative banks, co-operative farming societies or primary qricultunl credit societies for agricultural operationa or for ~ qtb,~~ qp8i'1uou codllected therewith ii the boud may by regulations determine; (b) ~e, dra~b1b, ~g, acce~ting, disco~tid& bu)'inc, selling collecting ili1d dealing in bills ot exchange, hundies, ~!9missory not~, co\lp~s, draits b~ of lading, r8ilway rec~i- s p~, warrants, debentures, certificates, scrips and other blstru·;; menta, and securities whether tra:iisf~rabie or negotiable or n~t; tc) tile gr8llt1ng and issuing of letters oil credit am aequi-mg, holding, itsuing on commtsjon, underwriting and dealin, in stock, funds, shares, debentures, debenture stock, bo~ 10 obligations, securities and investments of all kinds; (~) the purchasing and sewng of bonds, scrips or other forms of securities on behalf of constituents or others the negotiating of loans and advances, the receiving of auldnds of bonels scrips or valuables on deposit ot for safe custody or otherwise, is providing of safe deposit vaults, and eolltmg and transmittidg money and securities; (e) the carrying on of agency business of any description including the clearing and' forwarding of' goods, giving' of receiptj and discharg~; 20 (1) the entering into contracts of indemnity, suretybhtp or guarantee with specific security or otherwise; (g) receiving in consideration of the services mentioned in clauses (b), (c), (d), (e) and (f) such commissionu may be "-agreed upon; 2s (h) managing or selling of any propery which mar come into the possession of the corporation in satisfac~ion or part satisfaction of any of its claims; (i) acquiring or holding of any property or any right, title or interest in any property which may form the security or a 30 part of the security for any loan or advance or which may be connected with any business of the corporation; (j) any other kind of business which the central government may, on the recommendation of the reserve bank, autho-; ~ (k) generally the doing of such th~ngs and ·fnatters as ma~' be incidental to or consequential upon the discharge of lts functions wider this act~' zoo subject to the provisions of this act, the corporation may for the 'purposes of carrying out its functions under this act-borrowin, by the corporatiod 5 (a) re-discount with or sell to the reserve bank or borrow money from that bank and for that purpose, the corporation shall be deemed to be a state co-operative bank within 'the meaning of clause 2(a), clause 2(b), clause 2(bb) and clause (4) of s~<;tion n, sub-section (2) of section 46a and sup-s,ection (2) of section 46b of the reserve bank of india act, 1934; jot 193'-(b) borrow money from the cencral gov8i'dmeat or the 10 state govenimeat or such other authority or institution a 'p proved in this behalf by the central govemment· on such term and conditions as may be agreed upon zi the corporation may, with the prior approval 01 the reserve depos1u ~ank, accept depos)ts froijl the !lppropt"iate, governmen~ a local ~:= ,is ,authority or any other person whether incorporated or not tion limitaon borrowingand deposits 2z the aggregate of the amounts borrowed and dep()sits accepted by the corporation and outstandinf,t shall not at any time exceed ten times the amount at 'the paid-up share capital and the reserve fund ,of the corporation or, with the prior approval of the central gov-ao"fllidment fifteen times the amount of such paid-up share capltel and reserve fund 13 every corporation shall establish two separate funds, name- corpor •• ly:-tion to ma:ntain (a) agricultural credit(st~bilfsation) fund (hereinafter re- two 2s lerred to as the ,stabilisation fund, and fundt! (b) reserve fund sfabili· sationot fund k (1) to the stabilisation fund shall be cre<jit~ such sum, ,not ;being less than ten and not more' than meen :per cent 8' t~e corporation may deem! fit from out of' its net annual profits before 30 declaring a dividend (a), subject to such conditions as may be specffted by the' board by regulations, the amount lying to the credit of the stabilisation fund shall be utilised solely for the purpose of makillg loljps or advances with a view to enabling any c,o-operative society or other 35 person to pay its or his dues in cases where, in the opinion of the corporation, such soc1e~y or other person is unableto, pay such duel :tn:tbde';01mg'to drought, famine or other ,natural ~u rllerye 15 (1) to the reserve fund shad be credited such sums not beina 1'udd more than fifteen per cent as the corporation may deem fit ou·t of its net annual profits before declaring a dividend payment ofdivldend (2) the amounts lying to the credit of the reserve fund shall be utilised solely for such purposes as the board may by regulations , specify after making provision for bad and doubtful debts, depreciation of assets and all other matters which are usually provided for by bankers, and after crediting to the stabilisation fund under section 24 and to the reserve fund under section 25, the corporation ic may, out of its annual net profits, declare a dividend 1:1 all moneys belonging to the corporation which may not, for the time being, be required by it shall be-' (4) deposited with the reserve bank or with any agency of the reserve bank or in consultation with the reserve bank with 15 a scheduled bank, state co-operative bank or central co-operative bank; or (b) invested in the securities of the central government or any state government or in securities in which a trustee may invest money under clause (a), clause (b), clause (bb), clause 20 (c) or clause (d) of section 20 of the indian trusts act, 1882; or (c) utilised in such other manner as may be approved by the reserve bank | reoo ||-----------|| ofmode)'l || due || to || the cor- || poratlod |28 where any amount is due to the corporation in,respect of loans or advances or other financial accommodation granted by it to any a5 penon, the corporation or any penon authorised by it in writing in this behalf, may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the amount due to it, and if the appropriate government, or ftuch authority, as the state government may specify in this behalf, i, 30 satisfied, after following such procedure as may be prescribed, that any amount is so due, it may islue a certificate for that amount to the collector, and the collector shall proceed to recover that amount in the same manner and under the same condition as if it were an arrear of land revenue 35 21 (1) subject to the provisions of any law relating to co-operative societies for the time being in force, the corporation may-(4) acquire the whole or any part of the business, includfnl the assets and uabwties of a co-operative society; acqu1l1-tion or tranater by the corpora-uonof (b) transfer the whole or any part of its business, including busines, its assets or liabilities to a co-operative society oleta and llabi-(2) the terms and conditions relating to such acquisition or trans- !ti::m fer, if agreed upon by the board and the co-operati\lle society con- operative s eemedmall be submitted to the reserve bank for its approval and seoetiea that bank may by order in writing (hereafter in this section referred to as the order of approval) accord tts approval thereto: provided that where such acquisition or transfer involves the acquisition of the assets of the co-operatlve society or a transfer of the 10 uabilities of the corporation to the co-operatlve society, no such approval shall be accorded by the reserve bank, unless it is satisfied that--is (i) the co-operative society has given notice of the proposed acquisition or transfer, in such manner as may be provided under the law relating to co-operative societies applicable to it, to all its members and creditors, giving them the option, of demanding payment of their share or dues, as the case may be, and 20 (ii) all the members anel crecuton have assented to the proposal or deemed to have assented thereto by virtue of any member or creditor failing to exercise his optiod within such period as may be specified in accordance with such law relating to co"-operative societies for the time being in foree (3) the terms and conditions as approved by the reaerve bank shall come into effect from the date specified by the bank in this be-2s half in the order of approval and be bincung upon the corporation and its sha-eholders and creditors and if such law relating to c0-operative societies so,provides be binding also upon the co-operative society and its shareholders and creditors (4) if for any reason the tenns and conditiens cannot come into 30 effect on the date specified in the order of approval, the reserve bulk may fix another suitable date for that purpose (5) on the date on which the terms and conditions as aforesaid come into effect, the business, assets and liabilities of the corporation, or as the case may be, the co-operative lociety conc:enaed, shall, 35 by virtue of and in accorda~ -with the provisions of the aforesaid order of approval, and if such law relating to co-operauve aoci6tles so provides, stand transferred to, and become the business, assets and liabilities of the co-operatfve society or the corporation as the cue li1ay be chapter v general meetings(;eneral 30 (1) a general meeting (in this act referred to as an annual meetinp general meeting) of the corporation shall be held at the head oftlce of the corporation within three months from the date on which the s annual accounts of the corporation are closed, and any other general meeting may be convened -by the board at any other time:' provided that the central government may extend the time within which any annual general meeting shall be held, by a period not exceeding one month 10 (2) the shareholders present at an annual general meeting shall be entitled to discuss the balance-sheet and profit and loss account of the corporation, the report of the board on :the working of the corporation for the period covered by the accounts and the auditor's report on the balancesheet and accounts is chapter vi accounts, audit and utt1rns| accounts | 31 | (1) | the ||--------------|--------|-------------------------------|--------|| profit | | | || and | | | || 1068 | | | || account of | the | corporation shall be prepared | || and | | | || maintained | | | || in | | | || such | form | and | manner || as | | | || may | | | || ,be | | | || prescribed | | | || 20 | | | |(2) the board shall cause the books and accounts of the corporation to be balanced and closed on the ~eth day of june each year audit 32 (1) the accounts of the corporation shall be audited by an auditor duly qualified to act as audiltor under sub-section (1) of fiec-tion 226 of the companies act, 1956 who shall be appointed by the 2s 1 f 1908 board with the previous approval of the reserve bank and shall re-0 - ceive such remuneration from the corporation as the board may,' with the approval of the reserve bank, fix: provided that the first auditor shall be appointed by the central government within one month from the establishment of the cor- 30 poration on such tenns and conditions as the central government may determine c (2) the auditor so appointed shall hold office b-om the concluaion of the annual general meeting of the corporation until the conclusign of the dext annual ieneral meetm,: ~ provided that the flm auditor shall hold offtce until the conclusion of the first annual general meeting (3) the corporation shall supply its auditor with a copy of its annual balance-sheet and it shall be the duty of the auditor to exa-5 mine such balance-sheet together with the accounts and vouchers relating thereto and he shall have a list delivered to him of all books kept by the corporation and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the corporation 10 (4) the auditor may in relation to the accounts of the corporation of which he is the auditor, examine any director or any officer or employee of the corporation and shall be entitled to require from the oftlcers of the corporation such infonnation and explanation as he may think necessary for the performance of his duties 15 (5) the auditor shall make a report to tho corporation upon the annual balance-sheet and aceount!; examined' by him and in every such report he shall state whether in his opinion the a~ounts exhibit a true and fair view,-(11) in the case of the balance-sheet, of the state of affairs of 20 the corpol'8tion atf: the end of the year, and (b) in the case of the profit and loss account of the profi{ or loss for the year, and in case he had called for anv explanation or information from thl'! board whether i1: has been given and whether it is satisfactory 25 (if) witthout prejudice to anythins! contained in the oreceding subsections, the comptroller and auditor-general of india may, if so requested by the central government examine and report upon the accounts c:jf the corporation and any expenditure incurred' by him in connection with such examination and reoort shall be payable by 30 such corpol'8tion to the comptroller and auditor-generlll of india 33 (1) the corporation shall furnish, from time to time, to the retuna& appropriate government and to the reserve bank such returns as the appropriate government or -the reserve bank may reauire (2) the corporation shall futnish to all its shareholders within 3s three months from the date on which the annual accounts of the corporation are closed, or within such further time not exceeding one month as the cf'ntral government may specify, a copy ot the balance-sheet as at the close of that year and a proftt and loss aoaount for the year, the auc:utor's report and a report of the board 1)1\ the working of the corporation during the year, and copies of the said balance-sheet, profit and loss account and reports shall be publiahed in the official gazette (3) the corporation shall furnish a statement in such form as may be prescribed of its assets and liabilities as at the close of bust s ness on the last friday of each month or if that day is a public holiday under the negotiable instruments act, 1881, as at the clc;>se of 26 of 1681 business at the preceding working day, to the reserve bank within ten days from the date to which the statement relates chapter vn application of cek'raln acts to 'l'idl cobporatiol(34 the provisions of sections 8, 9, 20, 20a, 21, 23, 24, 26, ma, 35 [exclud:idg sub-section (4)], ma, clause (a) of su,bsection (1) of section 36, and sections 41, 47, 50, 53 and 54 of the banking begulati0li act, 1949, shall apply to or in relatwn to the corporation as they is 10 of 1949 apply to or in relation to co-operative banks certain provisioll8 githa banking regula_ tion act, 1949, to apply to the corporation 2 of 19m 3l the provisions-· of sections 18 and 42 of the reserve bank of india act, 1934, shall apply to or in relation to the corporation as they apply to or in relation to a state co-operative bank certain provisioll8 githa reserve bank of india act, 1934, to apply to the corporation 2 of 1934 36 save as otherwise provided in this act, nothing contained ill 20 the reserve bank of india act, 1934 and the banking regulation act, 1949, shall apply to or in relation to the corporation reserve bank of india act, 1934 and banking regulation act, 1949, not to apply except a otherwise provided , 18 of 1881 "" 37 the bankers' books evidence act 1891, shall apply to or ib the 'reiaij,qd to the corporation as it applies to or in relation to - babt :::era' as defined in section 2 of that act evl~ act,latl to , 43 of 1961 1 of 1872 38 for the purposes of the income-tax act, 1961, or any ~ ~ 5 enactment for the time being in force relating to any to on iaeome tion proftts or aains the corporation shall be deemed to be a co-opaathoe tdo be 'ty ~~ soae to be a co-opera tlve , for the pu~ otlmc~ tax mt, 1081 39 notwithstanding anything contained in the indian evidence court, act, 1m, or any other law for the time being in force, no court, tribunai, 10 tribunal or other authority shall have power ,to require the corpora- :c, not tiod, the reserve :bank or any offtcer of the corporation or the reaerve pr::!~ire bank to produce before such court, tribunal or other authority the tion of i report of any inspection, or any copy thereof, made by the rle8erve rt!pol1, on blink in pursuance of section 35 of the banking regulation act, inspectio:', 10 of 1949 is 1949, as applied to the corporation under section 34 ::de by reeerve bank " chapter viii misci:liam:ous• every director, member of a committee, auditor, ofticer or decl , other employee of the corporation shall, before entering upon his uon of 20 duties, make a declaration of fidelity and secrecy in the form set out ft~lity ~~~ed~ m lecrecy 41 (1) every direc'l;or shall be indemnified by the corporation incfemai6i against all losse's and expenses incurred by him in the discharge of of -c_ his duties except such as are caused by his own wilful act or' defaul~ ter 25 (2) a director shall not be responsible for anything done oinitted to be done by any other director or officer or other employee - of the corporart;ion or for any 1099 or expenses resulting to the corperation by the insufficiency or deficiency of value of, or title to, , property or security acquired or taken on behalf of the corporatioa in good faith, or by the wrongful act of any auditor or any person under obligation to the corporation, or by anything dane in good faith in the execution of the duties of his office or in relation thereto protec-42 no suit or other legal proceeding shall lie against the corporation of tian or the central or state government or the reserve bank or s :=: in any director or officer of the corporation or of the central or state ,ood faith government or of the reserve bank or any other person authorised by the corporation to discharge any functions under thi's act, for any loss or damage caused' or likely to be caused by anything which is in good faith done or idtended to be done in pursuance of this 10 act liquidation of the corporation g (1) no provision of law relating to the winding up of companies or corporations shall apply to the corporation and the corporation shall not be placed in liquidation save by order of the central government made in consultation with the state government and 15 in such manner as it may direct (2) without prejudice to the provisions of sub-section (1), any order made by the central government for the liquidation of a corporation may provide for all matters for effectively winding up the affairs of the corporation, including the repayment of capital, 20 disposal of any fund established under this act, the transfer of the business, property, assets and liabilities, rights, interests, privileges and obligations of whatever nature of the corporation to such institution or institutions as the central government may direcl and payment, receipt or disposal of compensation arising out of such 25 transfer reserve bank to submit report 44 the reserve bank shall, on the expiry of a period of five years, from the date of establishment of the agricultural credit corporation in a state or union territory and thereafter at an interval of five years and within such time as the central government 30 may specify, submit a report to that government as to the working of the corporation and forward a copy thereof to the state government concerned 45 (1) the corporation may appoint such officers, advisers and employees as it considers necessary for the efticient performance of 35 its function and determine, by regulations or otherwise, their condi· tions of appointment and service and the remuneration payable to them stall of the corporation and deleptlon of powers (2) the board may, by general or special order, delegate to the managing director or to any other officer of the corporation, subject 40 to such conditions and limitations, if any, as may be specified, such of its powers and duties under this act as it may deem necessary m (1) the central government may, by notification in the power ofbciaj gazette, make rules for carrying out the purposes of this of the s act central govern-(2) in particular, and without prejudice to the generality of the :: to foregoing power, such rules may provide for all or any of the follow- rulej, ing matters, namely:-(a) functions which shaube discharged by the executive 10 committee; (b) rules of procedure with regard to the transaclion 01 business at a meeting of the board; (c) rules of procedure with regard to the transaction 01 business at a meeting of any comuiittee constitulted by the board; (d) the procedure to be followed by the state government or the authority specified by the state governmed't for issuina the certific8jte under section 28; (e) the manner in which the general meeting shall be convened, the quorum therefor, the procedure to be followed thereat and the manner in which voting rights may be exercised; 20 (1) form and manner in which accounts shall be maintained the balance-sheet and profit and loss account shall be prepared; (g) form in which statement of assets and liabilities shall be furnished; (h) any other matter which is required to be, or may be prescribe~ (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 30 in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not ,be made, the rule ihau thereafter have eftect only in such modified form or be of no effect 35 as the case may lbe; so, however, that any such modification or annulment shall be without prejudice to the validity of anythine previously done under that rule &t (j) the board may, after consultation with the reserve bank, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of gividc etrect to the provisions of this act (2) in particular and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the 1odo$g matters, namely:-(4) duties which the managing director shall perform; (b) fees and allowances which may be paid to every dircc- 10 tor for auending any meeting of the board or any committee thereof or for attending to any other work of the corporation; (c) duties, conduct, salaries and allowances and conditions of aervice of oftlcers and oiher employees of the corporatit>n; {d) es'tabtishment and maintenance of provident and other is benefit funds for the employees of the corporation; (e) the delegation of powers and functions to the officers and employees of the corporation; (1) the purposes connected with agricultural purposes for which the corporation may grant loans and advances; 20 (g) the conditions subject to which the amount in the stabilisation fund may be utilised; (h) the manner in which the amount in the reserve fund may be utwsed; (i) conditions which the corporation may impose on any 2s 108&1 or advance made by it; (3) any other matter which is, or may be, necessary for the emciamt conduct of the affairs of the corporation (!) notwithstanding anything contained in sub-section (1), the a-ve bank may at any time within three months from the com- 30 medteid8ilt of this act make regulations with regard to any of the matten wpecifted in suib-section (2) but the regulation so made may be ~ed or modifted by the board in exercise of the p~ conferred on it by sub-section (1) 48 in clause (1) of section 2 of the agricultural refinance cor- amendporation act, 1963, after sub-clause (ii), the following sub-clause mentl~ shall be inserted, namely:-!fet1983 "(iii) an agricultural credit corporation established unaer s section 3 of the state agricultural credit corporations act, 1968" the schedule (see section 40)i, , do hereby declare that i will faithfully, truly 10 and to the best of my judgment, skill and ability execute and perform the duties required of me as a director, oftlcer, employee or auditor (as the case may be) of the agricultural credit corpora-_ tion and which properly relate to any oftlce or position in the said corporation held by me is 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 aft'airs of the corporation nor will 1 allow such person to inspect or have access to, any books or documents belonging to, or in the possession of, the corporation and 20 relating to the business of the corporation signed before me date ~ ! -- statement of objects and reasonsthe question of supply of adequate agricultural credit ha~ assumed vital importance in the context of our aim to achieve self-sufficiency in food production as early as possible while the co-operative mlovement has made considerable progress over the years in the matter of provision of agricultural credit, the progress has not been uniform throughout the country and there are certain areas particularly, the states of assam, bihar, west bengal, orissa 'lqnd rajasthan and the union territories of manipur and tripura where the existing co-operative credit agencies are unable to take care of the full credit needs of the fanners it has, therefore, be~ felt that supplementary arrangements should be devised for the supply of institutional agricultural credit in those parts of the states and union territories where the co-operative credit agencies are not suftlciently developed 2 the object of the bill is to enable the states and central government to set up agricultural credit corporations in the above-mentioned states and union territories it will also he open to any other state or union territory to set up a corporation on similar lines with the prior approval of the central government the proposed corporation will provide short and medium tenn credit for periods not exceeding 5 years each corporation will have an authorised capit&l between rs 1 crore and rs 5 crores, depending on the requirements of each state or union territory, the share capital heinl! contributed: by the ~enrtral government, the state government, the reserve bank, the state bank and its subsidiaries, other commercial banks and the food corporation the bill also contains provisions for the transfer of the business and assets and liabilities of the corporation to co-operative societies and from the co-operative societies to the corporation with the prior approval of the reserve bank and subject to the requirements of the respective state laws relating to the co-operattv societies 3 opportunity is also being taken to amend the agricultural refinance corporation act, 1963, to enable that corporation to provide necessary funds to the proposed agricultural credit corporation for its lending operations notes on clauses explain in detail the various provisions of the bill morarji desai new dbllii; the 17th april, 1968 -- president's recommendation under article 117 of the constitution of india[copy of le'tter no f11/75/66-sb, dated the 26th april, 1968 from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of bill to provide for the establishment in the states and union territories of agricultural credit corporations and for matters connected therewith or incidental thereto, recommends the introduction of the bill in the lok sabha under clause (1) of article 117 and its consideration under clause (3) of article 117 of the constitution c'lause 2 provides for the definition of certain words and expressions used in the bill agricultural operation, in accordance with the proposed definition, will include animal husbandry, dairy farmllng, pisciculture and poultry farming ciat&b8 3 seeks to empower the appropriate government to establish an agricultural credit corporation in each of the five states of assam, bihar, orissa, rajasthan and west bengal and the two union territories of manipur and tripura it will also be open to any other state or union territory to set up a similar corporation after obtaining the prior approval of the central gov· ernment czaube 4: provides for the location of its head office and other oftiee and agencies of the corporation c14t&be 5 and 6 provide for the capital structure, ownership of the corporation, allotment of shares and related matters the authorised capital of each corporation will be between rs i and as 5 crores, depending on the requirement of each state or union territory and would be contributed mainly by the central government (30 per cent), the state government (20 per cent) , the reserve bank (20 per cent) the remaining shares (30 per cent) would be contributed by the state bank of india and its subsidiaries, other commercial banks and the food corporation in such proportion as may be specified by the central government c'laues 7 and 8 seek to vest the power of general superintendence, direction and management of the affairs of the corporation in its board of directors, subject to such directions in matters of policy involving public interest as may be given by the central government in consultation with the reserve bank claule 9 provides that the corporation will be managed by a board of directors consisting of 7 persons: the chainnan and the idliulbging director to be nominated by the central government, two, one of whom shall ·be non-ofticial, to be nominated by the central or state government, as the case may be, one director to be nominated by the reserve bank and two directors to be elected by the other ahareholders in accordance with the prescribed rules from the residuary shareholders holding 30 per cent of the shares olause 10 provides for matters connected with the appointment, tenure and removal of the managing director clauses 11 to 13 provide for the term of oftice of a director other than the managing director, disqualifications of a director and vacatiod of his oface clause 14: deals with the composition and functions of the executive and: other committees of the board, subject to such rules as may be prescribed ciauia 15 to 18 provide for the meetings of board of directors and its committees, fees and allowances of directors anel members of committees and matters connected therewith subject to any rules and regulations that may be made for such purpose it has been provided that interes'ted directors shall not participate at these meetings clause 19 specifies the classes of business which the corporation will be authorised to perform; the principal business of the corporation will be to grant loans and advances for periods not exceeding five years for agricultural and allied operations, 10 agriculturists, agricultural marketing and processing societies, central co-operative banks, co-operative farming societies or primary agricultural credit societies it will also be authorised to perform other types of business which a c()operative bank is generally authorised to transact clause 20 seeks to authorise the corporation to obtain funds from the reserve bank on the same tenns and conditions as a state c0-operative bank and also from 'the central government, state government or such other authorities and institutions as may be approved by the central government clauses 21 and 22 seek to authorise the corporation to accept deposits and lay down a limit for the total amounts of its borrowings and deposits in relation to its paid up capital and reserve fund claue 23 to 25 provide for the establishment by the corporation of two separate funds, namely, agricultural credit stabilisation fund and reserve fund and the order of contribution that the corporation may make to these funds out of iots annual profltl clause 26' provides for the payment of divldend by the corp()l'ation after allowing for the necessary provisions usually made' by the bankers and after affording credit to the two funds cla'u8e 27 provides for the investment of surplus funds of the corporation in trustee securities or with the reserve bank or with any agency of the reserve bank or with any scheduled bank, state co-operative bank or central co-operative bank ~n consultation with the reserve bank cl4use 28 seeks to authorise the corporation to make anapplication to the appropriate government fof the l"e!cc)very of its dues as arrears of land revenue clause 29 provides for the transfer of the business and the assets and liabilities of the corporation to the co-operative societies or from the co-operative soc:ieties to the corporation with the approval of the reserve bank, subject to the requirements of the respective state laws relating to co-operative societies clause 30 deals with the general meeting of the corporation clauses 31 to 33 provide for the preparation of balance-sheet, profit and loss account, audit and submission of returns to the appropriate authorities clauses 34 to 37 seek to apply to the corporation certain provisions of the banking regulation act, the reserve bank of india act, and the bankers' books evidence act, in so far as they are applicable to a co-operative bank these powers will enable the reserve bank to issue instructions to the corporation in: regard to its lending policy and other matters as are already available in respect of a co-operative bank clause 38 provides that the corporation shall be deemed to be a co-operative society for the purposes of income-tax act, 1961 clause 39 exempts the reserve bank and the corporation or any oftlcer of the reserve bank or corporation from producing before a court of law the report of any inspection that may be carried out by the reserve bank in pursuance o"! the statute clauses 40 to 42 deal with the declaration of fidelity and secrecy, indemnity of director and protection to officers for acts done in good faith \ clause 43 provides that the corporation cannot be taken to liquidation except by an order of the central government cla1ue 44 requires the reserve bank to submit a report to the central government on the working of a corporation after five years clause 45 seeks to empower the corporation to appoint officers, advisers and employees for the purpose of the working of the corporation and also provides for delegation of powers to its employees ~use 46 provides for the rules to be made by the central government in order to carry out the purposes of the act clause 47 deals with the matters which have to be covered by regulation to be made by the ·corporation in consultation with the reserve bank clause 48 provides for an amendment to the agricultural re- finance corporation act, 1963, to enable the agricultural refinance corporation to provide necessary fwlds to the corporations for their operation clause 5 of the state agricultural credit corporations bill, 1_ provides that the authorised capital of each corporation shan be between rs 1 crore and rs 5 crores and that 30 per cent of issued share capital in the case of a corporation established in a state and 50 per cent in the case of a corporation established in a' union territory, shall be contrlbuted by the central government the first proviso of the said clause also provides that the central government, along with the reserve bank and the state governments, may take up the unallcytted shares up to 30 per cent in case these shares are not contributed ful1y by other shareholders, namely, the state bank and its subsidiaries other commercial banks and the food corporation the size of the share capital fixed, from time to time, will depend on the requirements of each state or union territory and on present indications the total contribution by the central government to the share capital of the corporations may not exceed rs 7 crore!; in all spread over in three or four financial years even if the bill is enacted and brought into operation well before the end of the current financial year, it is not likely that the corporations could be set up in more than one or two states and union territories during the flnancial year hence the non-recurring expenditure bv the central government during the current financfal year is not likely to exceed at the most, rs 1 crore the balance of the estimated non-recurrinl!' expe!nditure of rs 6 crores is likely to be incurred in the subsequent two or three flnancial years no recurring expenditure is envisaged clause 20 (b) of the bill provides that the corporations may borrow money from, among others the central government this is a permissive provision which authorises the corporations to borrow monev from the central government on such tenns and conditions as' may be determined the corporations will depend for their wor1dn~ funds primarily on the reserve bank and public deposits and it is not possible to envisaj!'e at this stage whether it will ~ neeessarv for the corporations to borrow funds from the central govemm'ent if and when the corporations find it necessary to reauest the central governmeont to lend funds to them and if the central government decides to advance fund!'; on terms and conditions as may be determined, there would be some expenditure from the consolidated fund, but it is not possible to indicate, before the corporations have started functioning, what would be the order of such expenditure in any case, amounts to be lent by the central goftrnment would be required to be repaid to it by the corporations and over the years no net outgo from tilt" consolidated fund on this recount is envisaged clause 46 of the bill empowers the central government to make rules for earring out the purposes of the act the rules made under the act may provide for the functions to be discharged by the executive committee; procedure with regard to the transaction of business at a meeting of the board or of any committee constituted by it; procedure to be followed by the state government for issuing a certificate for the recovery of any money due to the corporation; the manner in which the general meeting of the corporation shall be convened and held; the form and manner in which accounts of the corporation shall be maintained and its profit and loss account shall be prepared and the form in which the statement of its assets and liabilities shall be furnished these are matters which relate to detail and as such the delegation of the legislative power is of a normal ~haracter 2 clause 47 of the bill empowers the board to make, after consultation with the reserve bank, regulations with regatd to the duties which the managing director shall perform; the fees and allowances which may be paid to directors for attending the meeting of the board or any committee thereof; duties, conduct, salaries and allowances and conditions of service of officers and other employees of the corporation; establishment and maintenance of provident and other benefit funds for the employees of the corporation; the conditions subject to which the amlount in the stabilisation fund shall be utilised; the manner in which the amount in the reserve fund may be utilised; the restrictions which may be imposed by the corporation on any loan or advance made by it with a view to facilitating the wotk of the corporation sub-clause (3) of clause 47 empowers the reserve bank to make the first regulations at any time within three months from the commencement of the act; but the regulations so made may be rescinded or modified by the board \vhen it i~ constituted 3 the delegation of the legislative power with regard to the matters for which regulations may be made by the board or the reserve bank are matters of detail the delegation of the legislative power is thus of a normal character a billto provide for the establishment in the states and t: nion territorie of agricultural crwit corporations and for matters colulccted therewith or incidental th('teto (shri morarji desai, deputy prime minister and minister of fi1uljfce) | Parliament_bills | b2da0f9c-0782-5ccd-8543-09861e818604 |
bill no xxxiii of 2010 the removal of unemployment amongst the youth bill, 2010 a billto provide for the removal of unemployment amongst the youth by way of making right to work mandatory so that the state generates employment opportunities for them and failing to do so the state will have to pay unemployment allowance and for measures to promote self employment amongst the unemployed youth and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the removal of unemployment amongst the youth act, 2010short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "fund" means the national youth unemployment assistance fund established under section 4 of this act5(c) "prescribed" means prescribed by rules made under the act; (d) "self employment" means to work independently for one's clients or customers by setting up own production or selling unit or establishment and not for any employer103 (1) notwithstanding anything contained in any other law for the time being in force every major citizen shall have the right to gainful employment and it shall be the duty of the appropriate government to provide such employment opportunity to every unemployed citizen within its territorial jurisdictionright to gainful employment and unemployment allowance(2) the gainful employment referred to in sub-section (1) shall be provided according to the age, educational qualifications and physical status of the concerned citizens15 20(3) for carrying out the purposes of this act, it shall be the duty of the appropriate government to generate requisite number of employment opportunities in the public sector, private sector, small scale industries, cottage and village industries, khadi and other weaving industries, food processing sector, self employment opportunities, agriculture and other sectors(4) notwithstanding anything contained in any other law for the time being in force, it shall be the duty of the appropriate government to fill up all the vacant posts in the ministries, departments, public sector enterprises and other government agencies and organisations within a time frame25(5) till such time gainful employment is provided to a citizen or is made self employed under any government scheme or loan provided by a bank or financial institution, he shall be paid by the appropriate government an unemployment allowance, not being less than rupees two thousand per month in such manner as may be prescribed:provided that the unemployment allowance shall not be paid under this act to any citizen who:—30(a) has an income from any source not being less than the amount of unemployment allowance fixed under this act however, in case any citizen has an earning from any other source which is less than the amount of unemployment allowance fixed under this act, his unemployment allowance shall be reduced by the amount of his earning; or35(b) is covered under any scheme of unemployment allowance prevalent in a state or union territory, as the case may be404 (1) the central government shall, as soon as may be, by notification in the official gazette, establish the national youth unemployment assistance fund with initial corpus of rupees fifty thousand crore and thereafter shall contribute to the fund from time to time along with the government of the states in such ratio as may be prescribedestablishment of the national youth unemployment assistance fund(2) there shall also be credited to the fund such other sums as may be received by way of donation, contribution, assistance or otherwise from individuals, body corporate, financial institution, firms, partnership etc;45(3) all amounts due and payable as unemployment allowance and all expenditures relating to the management and administration of the fund shall be paid out of the fund;(4) the fund shall be managed by the central government in such manner as may be prescribedact of have overriding effect55 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 applicable to any matter dealt with by this act6 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to all the state governments and union territory administrations for carrying out the purposes of this actcentral government to provide requisite fundspower to make rules7 the central government may, by notification in the official gazette, make rule for carrying out the purposes of this act10 statement of objects and reasonsour country is very vast and second most populous nation of the globe the population explosion has given rise to the phenomenal unemployment in the country according to an estimate, there are more than five crore unemployed youth registered in the employment exchanges in the country and the number of unregistered unemployed youth is more than the registered ones and such youth are mostly in remote rural and semi urban areas and their number is multiplying day by day the situation of employment in the country is so grim that even highly qualified youth are also unemployed and millions who pass out their degree and diploma examinations from the universities, colleges and institutes join them every year this is causing unrest and frustration amongst the youth and they are easily lured by antisocial and anti-national forces for their nefarious and destructive activities like the naxalite violence or terrorists operations in various parts of the country many of them turn to crimes and spoil their lives unemployment is also the reason for brain drain and exodus of substantial number of skilled and unskilled youth, doctors, engineers and scientists from the country at the same time opportunities of employent generation are on the decline for various reasons and governments too are contributing a lot in this regard for instance, in the central government, every ministry or department has to surrender ten per cent of total vacancies arising every year due to superannuation of employees etc and if any post remains unfilled for over a year, it automatically lapses so, apart from surrendering the required posts, the ministries, departments deliberately do not fill substantial number of posts to allow them to lapse agriculture has remained the largest employer but due to vagaries of nature and unremunerative prices, employment generation is decreasing very fast in agriculture sector so, it is the situation in small scale industrial and village industries modernisation in other industries is also reducing employment opportunities hence, the situation is going out of control every dayour constitution gives every citizen a fundamental right to life but this right in the absence of source of decent and meaningful life remains only on paper the supreme count has also stressed for the need of necessary means and employment to enjoy the right to life ours is a welfare state and as such the onus is on the state to ensure the welfare of its citizens by providing gainful employment opportunities to them and for that more and more employment opportunities have to be created the youth have to be given fundamental right of gainful employment and if, the state fails to provide the citizen gainful employment then he should be paid unemployment allowance on monthly basis this is the need of the hour which will go a long way in ensuring a dignified life to the youth of our nationhence this billakhilesh das gupta financial memorandumclause 4 of the bill provides for the establishment of the national youth unemployment assistance fund with an initial corpus of rupees fifty thousand crore to be provided by the central government, clause 6 of the bill makes it mandatory for the central government to provide requisite funds to the states and union territories for carrying out the purposes of the bill the bill if, enacted will involve expenditure from the consolidated fund of india it is not possible to quantify the funds at this juncture but in addition to rupees fifty thousand crore as initial corpus it is estimated that a sum of rupees sixty thousand crore may involve as recurring expenditure per annumno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 7 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the removal of unemployment amongst the youth by way of making right to work mandatory so that the state generates employment opportunities for them and failing to do so the state will have to pay unemployment allowance and for measures to promote self employment amongst the unemployed youth and for matters connected therewith and incidental thereto————(dr akhilesh das gupta, mp) | Parliament_bills | 84050a14-3737-5fc3-8570-b7d8d024fc4e |
bill no lv of 2010 the incest and sexual abuse in family (offences) bill, 2010 abillto define the offences relating to incest and sexual abuse in family and prescribe the special procedure for punishment for the offences relating to incest and sexual abuse in family and matters connected therewith and incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the incest and sexual abuse in family (offences)act, 2010definitions2 in this act, unless the context otherwise requires,—(a) 'appropriate government' means in the case of a state, the government ofthat state and in all other cases, the central government;5(b) 'family member' means grand-mother, mother, daughter, sister, sister-in-law,daughter-in-law and includes male child below the age of 12 years;(c) 'prescribed' means prescribed by rules made under this act; (d) 'sexual abuse' includes making sexually explicit remarks, intentional physicalcontacts, wilfully touching and patting, showing and use of pornographic material and molestation;1045 of 1860 1 of 1974(e) terms used in this act and not defined but defined in the indian penal code,1860 or code of criminal procedure, 1973 shall have the same meanings respectively assigned to them in those lawsincest offences153 any person who has sexual intercourse with his family member or attempts to havesexual intercourse with such family member shall be guilty of the offence of incest and shall be punished as per the provision of this act4 any person who sexually abuse any of his family member shall be guilty of theoffence of sexual abuse and shall be punished as per the provision of this actsexual abuse of family memberexplanation—for the purposes of sections 4 and 5, the consent of the family membershall not be available as defence to the accusedpenalty205 whoever found guilty of offence under:(i) section 3 shall be punished with rigorous imprisonment for a term for life andshall also liable to fine:provided that if the victim is a child, offender shall be punished with death (ii) section 4 shall be punished with rigorous imprisonment for a term of fiveyears which may extend upto seven years and shall also liable to fine25burden of proof6 notwithstanding anything contained in any other law, for the time being in force, inthe trial under this act, the burden of proof as to the innocence shall be on the accused and the victim shall have the right to lead evidence in rebuttalspecial court307 the proceedings under this act, shall be tried by special courts by a womenmagistrate and the court shall follow such procedure as may be determined by it in consultation with district judge8 notwithstanding anything contained in the code of criminal procedure, 1973, theoffences under this act shall be cognizable and non-bailableoffences to be cognizable and non-bailable359 save as provided under this act, the provisions of the code of criminal procedure,1973, shall be applicable to the trial under this actprovisions of the code of criminal procedure to be applied act to have overriding effect10 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force relating to incest and sexual abusepower to make rules4011 the central government may, by notification in the official gazette, make rules forcarrying out the purpose of this act statement of objects and reasonsincest and sexual abuse of family members is a deviant behaviour incest and sexual abuse is a social disease hardly, a day passes without a case of incest or sexual abuse within family being reported in newspapers and media what is sad about incest and sexual abuse in india is the lack of seriousness with which the crime is often treatedthe society is in a state of denial that incest and sexual abuse in family does not existvictims are often reluctant to report incest or sexual abuse by family member as the offender in most of the cases is a close family member this problem is made worse by the fact that there are no law adequate to prosecute such criminals whereas the bare truth is that it is widespread in our society and only a very small number of cases go reportedas on today, there is no law on offences relating to incest and sexual abuse within family in india the incest is treated as rape and if it is an abouse of a boy, it would be covered under section 377 of the indian penal code, 1860 the courts often let off offenders who raped their daughter as this crime was not recognised as a punishable offence in our country the judges also sometime do not believe that a girl can be abused by her fathermany developed countries recognise incest as a serious crime the united kingdom has a law on it since 1908, which provides punishment for fourteen years and many of other countries have laws on incest and sexual abuse in family in the united states also a separate law is therethere is consistent demand for a definite law on incest and sexual abuse in the family for quite some time but so far it has not been enacted it is, therefore, urgently required that a separate and strict law should be enacted to counter this menace in the societyhence this billmahendra mohan memorandum regarding delegated legislationclause 11 of the bill empowers the government to make rules for carrying out the purposes of the bill and the rules with relate to matters of detail only the delegation of legislative power is, therefore, of a normal character————abillto define the offences relating to incest and sexual abuse in family and prescribe thespecial procedure for punishment for the offences relating to incest and sexualabuse in family and matters connected therewith and incidental thereto————(shri mahendra mohan, mp) | Parliament_bills | 06a956fc-abf9-5b08-8e2e-16ea86e57b9b |
bid no 'lor 1"5 the patents bill, 1955 arrangement of clauses clausa chapl'er i pri!iim dlajn"1 short title, extent and commencement 2 definitions and interpretation chapterd inventions not patentable3 what are not inventions 4 inventions relating to atomic energy not patentable 5 inventions where substances are not patentable but methocb or processes may be chapter iii applications for patents6 persons entitled to apply for patents 7 form of application 8 information and undertaking regarding foreig:t applications 9 provisional and complete specift~atfons 10 contents of specfficatioftl 11 priority dates of claims of a comple~e specldcation chapter iv examination or applications12 exam!nation of application 13 search for anticipation by previous publication and by prior claim, i t (0 1261(b) ls-l clavaa 14 consideration of report of examiner by controller 15 power of controller to refuse or require amended applica- tions in certain cases 16 power of controller to make orders respecting division· of application i 17 power of controller to make orders respecting dating of application 18 powers of controller in cases of anticipation 19 power of controller in cases of anticipation 20 powers of controller to make orders regarding substitution of applicants, etc 21 time for putting application in order for acceptance 22 acceptance of complete specification 23 advertisement of acceptance of complete specification 24 effect of acceptance of complete specification chapi'er v opposmon to grant of patent25 opposition to grant of patent 26 in cases of 'obtaining' controller may treat application al applica~ion of opponent 27 refusal of patent without opposition 28 mention of inventor as such in patent chapter vi anticipat'iolf 29 anticipation by previous publication 30 anticipation by previous communication to govemmenl 31 anticipation by public display, etc 32 anticipation by public working 33 anticipation by use end publication after provisional spedftcation 34 no anticipation if circumstances are only as described iii aections 29, 30, 31 ~d 32 provisions j'or secrecy of certain inventions35 secrecy directions relating to inventions relevant for defence purposes ! ! 36 secrecy directions to be periodically reviewed 37 consequences of secrecy directions 38=-revocation of secrecy directions and extension of time 39 residents not to apply for patents outside india without prior permission 40 liability for contravention of section 35 or section 39 41 f'inality of orders of controller and centml govemiilent 42 savings respecting disclosure to government chapter viii ubant a1i1d sealing of patents and rights conj'l:llrkl) nnm'dy43 grant and sealing of patent 44 amendment· of patent granted to deceased applicant 45 date of patent 46 form, extent and effect of patent 47 rights of patentees 48 patent rights not infringed when used for certain purposes 49 patent rights not infringed when used on foreign vessels, etc, temporarily or accidentally in india 60 rights of co-owners of patents 51 power of controller to give directions to co-owners 52 grant of patent to true and first inventor where it has been obtain~d by another in fraud of him 53 term of patent chapter ·ix - patfnts 0 addltior54 patents of addition 55 term of patents of addition 56 validity of patents of addition chapter x amendment 0 specifications57 amea~t of specification before controller 58 amendment of specification before high court 59 supplementary provisions as to amendment of specificatioa chapter xi restoration of lapsed patents60' applications for restoration of lapsed patents 61 procedure for disposal of applications for restoration of lapsed patents 62 rights of patentees of lapsed patents which have been -l'eatored chapter xii st1rrender and revocation of patents63 surrender of patents 64 revocation of patents 65 revocation of patent or amendment of complete speciftcatioll on directions from central government in cases relating to atomic energy te revocation of patent :in public imerest cliapterxw67 register of patents add particulars ·to -be 'entered therein 68 assignments, etc, not to be valid unless ·in writing and reatstered 19 ae,:atratign of assignments, transmissions, etc 10 power of rejistered ii'bntee or proprietor to deal witll patent clauas71 rectification of regi&;ter by high cou1'l 72 register to be open for inspection chapter xiv patent office and establishment73 controller and other officers 74 patent office and its branches 75 restrictions on employees of patent office as to : ight or interest in patents 76 officers and employees not to furnish information, etc chapter xv powers of con'l'rollfr genbllally77 controller to have certain powers of a civil court 78 power of controller to correct clerical errors, etc 79 evidence how to be g~ve'll and powers of controper in respect th ereof 80 exercise of discretionary powers by controller s1 d:sposal by controller of applications for extension of time chapter xvi working of patents, compulsory licences, licences of right and revocation82 definitions of "patented articles" and c&patentee" 83 general principles applicable to working of patented inven-'tiona i 84 compulsory licences 85 matters to be taken into account in ,~tidg compulsory licences 86 endorsement of patent with the words "licences of right" 87 certain patents deemed to be endjl'sed with the words "licences of right" 88 meet of endorsement of patent with the words fll1cencea of right" 89 revocation of patents by the controller for non-workinj 90 \vhen reesonable requirements of the public deemed not satisfied 91 power of controller to adjourn applications for compulsory licences, etc, in certain cases 92 procedure for dealing with ap~tions under sections 84, 86 and 89 93 powers of controller in granting compulsory licences 94 general purposes for granting compulsory licences 95 terms and conditions of compulsory licences 96 licensing of related patents 97 special provision for compulsory licences on notific:attoll by central government 98 order for licence to operate as a deed between parties concerned chapter xvii use of inventions for l'urposls of governmeni and acquisition of inventions by central government99 aieaning of use of invention for purposes of government 100 power of central government to use inventions for plulposes of government 101 rights of third parties in respect of use of invention for purposes of government 102 acquisition of inventions and patents by the central government 103 reference to high court of disputes as to use for purposes of government chapter xviii suits concerning infringement of patentb 104 jurisdiction~105 power of court to make declaration as to non-infringement ~'l~t1sa 106 power of court to grant relief in cases of groundless threats of infringement proceedings 107 defences in suits for infringement 108 reliefs in suits for infringement 109 right of· exclusive licensee to take proceedings against infringement 110 right of licensee llt\fjpx section 84 to take proceedinp against infringement 111 restriction on power of court to grant damages or account of profits for infringement 112 restriction on power of court to grant injunction in certain cases 113 certificate of validity of specification and costs in subsequent suits for infringement thereof 114 relief for infringement of partially valid speciftcatiod 115 scientific advisers chapter xixlu5 appeals 117 procedure for hearing of appeals chapi'er xx penalties118 contravention of secrecy provisions relating to certain inventions 119 falsification of entries in register, etc 120 unauthorised claim of patent rights 121 wrongful use of words 'patent offtce' 122 refusal or failure to supply infonnation 123 practice by non-registered patent agents 124~ otfenc;:e~ by companies pa~~ , 125 retister of patent ~, ~ ~ for relis~od_patent ,edts 127 rights 01 patent agents ' "' ,,:' j ' "'~ "m "subsdtiptlon aftd ftriftcation' at certajn 'docwdents by ~ patent agents ' i29 kestrfctfom on' prac~i~ as pate~ _·~~s 130 removal from register of patent agents and restoration "'4 - 131 power of controller to refuse to deal with cettain agents " i - sa~" ia ",t af,other peqqd& autbdriled ~ ic~ _t '" ' ~~ chapter xxii ijctj:rnational auangdftr is133 ~oti1ication as to ~~edtjop ,cp~tries - "i 134 notification as to countries not providing for reciprocity 13~ codvention applications 138 special provisions relating to convention app1ti:bflorl&' 137 multiple priorities l38 supplementary pr~ilft1s -, "bl- convention applications 139 other provisions of af~!<? ~p9ly to c:>nvention applications chapter xxlli - ' mrscellanj:otrs140 avoidance of eertaid restrictive cgdditions 141 determination 01: certain contracts, 142 fees - ' "'\r" 143 restrictionw: 1ipaa 'publication of ~atiodl· , "' l44 reports of a;""dners to be eonftdegtial ~ r • 145 publication of patented invauoal , cul1ii8----146 power of controller to call for information from patentees 147 evidence of entries, document, etc 148 declaration by infant, lunatic, etc 149 service of notices, etc, by ~t 130 security for costs 151 transmisaion of orders of courts to controller 152 tl1iii1i1utsaion of copies of speciftcations, etc, and inspection thereof 153 information relating to patents 154 loss or destruction of patent 155 reports of controller to be placed before parliament 156 patent to bind government 157 right of government to sell or use forfeited artiel 158 power of high courts to make rules 159 power of central government to make rui- 160 rules to be placed before parliament 16l special provisions with respect to certain applications deemed to have been refused under act 2 of 1911 162 repeal of act 2 of 1911 in 10 far as it relat to patents , and savings 163 amendment of act· 43 of 1958 the schedule 1261 (b) ls-2 billto amend and consolidate the law telating to patents be it enacted by parliament in the sixteenth year of the republic ~ of india as follows: _ chapter is 1 (1) this act may be called th:~ patentsact, 1965 !bort title (2) it extends to the whole of india eztent and com-(3) it· shall come into force on such date as the central gonm- mencemeat may, by dotiftcation in the ofticial gazette, appomt "' dddi-z (1) in this act, unless the context otherwise requires,- !no:-__ _ ___ __ (4) "al8ignee" includes the legal representative of a deceased interpre assignee, end references to the assignee of any person include taudd references to the assignee of th~ legal representative or assignee s of that person: (b) "controller" means the controller general of patents, designs and trade marks referred to in section 73; (c) "convention application" means an application for a patent made by virtue of section 135; (d) "convention-country" means a country notified as such 10 under sub-section (7) of section 133; (e) udistrict court" has the meaning assigned to that exa at 1801 pression by the code of civil procedure, 1908; (f) "exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons is authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and uexclusive licensee" shall be construed accordingly; (g) ufood" means any substance intended for the use of, or capable of being used by babies, invalids or convalescents as an 20 article of food or drink, which the central government may, by notification in the official gazette, specify in this behalf; (h) "government undertaking" means any industrial undertaking carried on-(i) by a department of the government, or 25 (ii) by a corporation established by a central, provincial or state act which is owned or controlled by the government, or (iii) by a government company as defined in section 617 30 1 of i" of the companies act, 1956, and includes the council of scientific and industrial research, any university established by law in india and 3ny other institutfon for scientific or technical education which is ftnanced wholly or for the major part by the government; (i) ''high 'court" means-3s (i) in relation to the union territory of delhi and the union territory of himachal pradesh, the high court of punjab; ~ _', ":(iq ~ rela'kmtqthe upiod tjwitoryof mnupur and the union territory of tripura, the high court of assam; : :--~ :, (iii)-' !p' lelationto the unicm temtory 01 tile andaman ~nicdbar isladds, the high cou1't at caleutta;" i; 5 (iv) in 'relation t~ the union territory of the laceadive, (i';~ -mmicoy ana amlndtvi island,·ta higbcquft kerala; (v) in relation to the union territory of goa, daman and ~ and the l,inlo~ ~tory of dadra iijlp n: ar havell, the high court of bombay; io-~t:-j-'),: :" , (~t ~ relati~m to the union tenitory ?f ~ondiehe1t1, the high court of madms; and ' (vii) in relation to any other state, the high court for tllat ate; (;) "invention" means any new and useful-(i) art, process, method or manner of manufacture; :- -,, 00'" maejrme,' appmrtus tit" otjter· article; or (iii) substance produced by manufiaetjll'e, ~nd includes any new and usefu'l improvement of any of them, 4ind an alleged invention: 20 ,jc) "lepl mepreseutative" meads a·person who in la" r~ sent1i the estate of a deceased person; (1) "medicine or drug" includes--(i) all medicines for internal or external use of human beings :or animals, "" (u) all substances intended to be used for ,or in the diagnosis, treatment, mitigation or prevention of diseases in 'human beings or animals, (iii) all substances intended to be used for or in fhe maintenanct: of public health, or the prevention or control of any epidemic di!o:lease among human beings or animals, 30 (iv) all chemical substances, to the extent to·which they are used as intermediates in the preparation or manuf:cture of any of·the medicines or substances above referred to, but does not include insecticide, germicide, fungicide ~r any other substance intended to be used tor the protection or preser- vatioll' l)f :p18l11s;' " (m) '~tedti' means a patent granted udder this act; (n) "patented article" and "patented proce" mean respectively an article or process in respect of which - patent ii in force; - - (0) "patentee" means the person for the- time bema entered 5 011 the register as the grantee or proprietor of the patent; (p) "patent agent" means a penon for the ~e being real»-tered under this act as a patent agent; (q) "patent of addition" means a patent eranted m accordance with section 54; 10 (,) "patent oftlce" means the patent oftlc:e established under section 74; (_) "person" includes the government; (t)lf'petson-illtaested"'ineluties a penon engaged in, or in promoting, research in the same field as that to which the 15 invention relates'; (u) "prescribed" means, in relation to proceedings before a 'high court, prescribed by rules made by the idgh court, and in other cases, pn!scribed by rules made under this' act; (v) "prescribed manner" includes the payment of the pres-'bed f 20 en ee; (w) "priority date" has the meaning assigned to it by secuon 11; (z) "register" means the register of patenta referred to in 25 section 67; i (y) ·"true and first inventor" does not include either the 1lrst -, importer of an invention into india, or a person to whom an invention is first communicated from outside india (2) in this act, unless the context otherwise requires, any reference-30 (a) to the controller shall be construed as including a reference to any officer discharging the functions of the controller in pursuanee of sub-section (2) of section 73; , (b) to the patent offtce shall be construed as including a' reference to any branch oftice of the patent oft\ce 35 3 the followlng"are not inventions within the meaning of this w'hitit,1 aet\-' ','" ,,' ue_-,,4l , ,(4) an invention which is frivolous or which cla,irna l'dy- tio~ [\ :j thing' obviously contrary to wen established natura1laws; (b) an invention the primary or intended \lie of which would be contrary to law or morality or injurious to public health; 10 ; (c) the ~e disc~ery of a scientific principle or the formulation of an abstract theory; (d) the mere discovery of any new property or new ue f~ a known substance or of the mere new use of a known process, maeblne or apparatus; is (e) a claim to 'a substance obtained by a mere admixture reuttb1g oiuy in the aggregation of the properties of the comporients~ber:eof or a process for p~cing streh substance; (f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another ~ in a known way~ " ", j(g} a 'method or proeess of testing applicable during, the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restontion of the existing machine, apparatus or other equip-- - ii - ment or for the improvement or control of manufacture; (h) a method of agriculture or horticulture; 30 (i) any process for the medicinal, surgical, curative, prophylactic or other treatment of man or any process for iii simiiar treatment of animab or piants to render them free of dliea~ or to increase their' economic value or that of their products , , t no patent shan be granted in respect of an invention relating inventions to' atomic' energy fallingwithiil sub-section (1) of section 20 of the relfltiq to atomic 'energy act, 1962 '" atomic " _ r' ~i' enen ~ patent-_le s: in the case of inventi~ (4)' claiming ~bstances intended for use, or capable of - ina used, as food or: as 'm~cme or drug, or tb-) nlrtfa, to, , •• a •• i}¥epued ql" p~ py, - ucal processes (including alloys, optical glass, semfconductqrt s and inter-metallic compounds), --!i; i r ~ , ':" no pat~,shau'be,ar~ iitr~t of cl~'fol" ~ ,~ f·:k th~lves, but clai~ for the methods or processes of mlllltdaeture ~<~ "~~' ' ' ,w;'" sblj e patta " i il""" " , ~'-::_ i" ••• ,'/' i , - l:1': 'i' applications ror patdrl's i (1) subject to the provisiods qontained ,in,section 134, an apflication for a patent for an invention may be made by" 'any of ~,pedlolu, that·is to sa,,- ,', ' " f ';rp "~r '" --::-"""--'~'-'''''''--~'''i"_''~'~ , (at 'by any person "cr~'to'obe the·buand ·ftnt in- is ventor of the invention; ,,·;1 & ijd';" ti' ~ ~ ~, n,i<'· ,j" ,~ ',,, _':' :(,il) p~:aqy geraon being u1e assignee of the pt:rson clajm- idi to be ~ wue ~ &it inventor in ~, pf the 'riah~ to make 8uch anapplicauoa; ' , (c) by the legal representative of any deceased person ao ,who tmmediately before his death' 'wasentftled :to make such an application , ) (2) an application under sub-section (1) may be made by any' ~ 'tie 'fei'sod8refernd to thereinehhe!- alone « joidtl, ,with any' oflier' jjetson: 2 s ~ ~ :i'aimot n)pliea-rtfan '·(i':j~ • :'(1)' 'every ~~lication for' a patent lhad 'be'for ode filvention only and ihall be made in ttle prescribed 'form and ftled in the patent oftlce" ' ij; •• (2) where the applieation is made by virtue of an assignment _c>t;~e right to apply for a patent for ,the invention, there shall be 30 ~n~:1~ - · ih;; -c -r " , ~ ~'f'i-"j·' , flmmf8be~ ,~witb uje application or ,nthin -suehperiod as may be predibed after' the 1uing' of' theapplic8tfon~ ,- , '(4) an afticlavit by the person claiining to be the true and first inventor or his legal representative stating tbat he absems· >te -th~ rmaki~ of the app¥ca~ion; and , 35 :(b): an :aildavit signed byth&'applicantaett1dg ~ the facts relied on tq support the application (3) every application under this section shall state that the applicant is in possession of the invention and shall llame the owner claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes'- theperson so named to be the true and first inventor s (4) every such application shall 'be accompanied by a provisional or a complete specification 8 (1) where an a,pplicant for a patent under this act is pro- wonna secuting either alone or jointly with any othpl" person an appli- tlon and cation for a patent in any country outside india in respect of the :r-io same or substantially the same invention, or where to his know- re~ l~e such an application is being prosecuted by some person in, through whom he claims or by some person deriving title from him, foreip he shall file along with his applicationappuca-is 20 (a) a statement setting out the name of the country tl~ where the application is being prosecuted, the serial number and date of tiling of the application and such other particulars as may be prescribed; and (b) an undertaking that, up to the date of the acceptance of his complete specification filed in india, he would keep the controller informed in writing, from time to time, of de~ of the nature referred to in clause (a) in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside india subsequently to the tiling of the statement referred to in the aforesaid clause, within eight weeks from the date of the matter coming to his lmowledge: ' (2) the controller may also require' the applicant to furnish, u far as may be available to the applicant, details' relating to the objections, if any, taken to any such application as is referred to ]0 in sub-section (1) on the ground that the invention is laeking in novelty or patentability, the amendments effected in the'spedfteations, the claims allowed in respect thereof and such other particulars as he may require 9" (1) where an application for a patent (not being a convention !7~~-35 application) is accompanied by a provisional specification, a complete ancl specification shall be filed within twelve months from the date of eomph!te filing of the application, and if the complete specification is not so ~ filed the application shall be deemed to be abandoned: cations provided that the complete specification may be filed at any 40 time after twelve months but within fifteen months from the date aforesaid, if e request to that effect is made to the controller and the prescribed fee is paid on or before the date on which tae complete specification filed : ! :; ~z) where two or more applications in the name of the same applicant are accompanied by provisional specifications in· respect of inventions which are cognate or of which one is a modification of another and the controller is of opinion that the whole of such inventions are such as to constitute a single invention and may , properly be included in one patent, he may allow one complete specification to be filed in respect of all such prcviaional ~pecifica· tions (3) where an application for a patent (not being a convention application is accompanied by a specification purpo~ing ~o be a com- (0 plete specification, the controller may, if the applicant so requests at any time before the acceptance of the application, direct that such specification shall be treated for the purposes of this act as a provisional specification and proceed with the application accordingly (4) where a complete specification has been filed in pursuance (5 of an application for a patent accompanied by $\ provisional specification or by a specification treated by virtue of :1 direction under sub-section (3)" as a provisional specification, the controller may, if the applicant so requests at any time before the acceptance of the application, cancel the provisional specification and post-date 20 the application to the date of filing of the compl~te specification contents ofspeclftcations 10 (1) every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates (2) subject to any rules that may be made in this behalf und~l' zs tl1is act, drawings may, and shall, if the controller so requires, be iupplied for the purposes of any specification, whether complete sr provisional; and any drawings so supplied shall, unl~ss the control 1er' otherwise dire'cts,· be "deemed to form part of the speciftcation, ail~ references"' in this act to a specification shall be construed 30 accardingly: (3) if in any particular case the controller considers that an application should be further supplemented by a model or sample of anything lllustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished 35 before the acceptance of the application, but such model or· sample shall not be deemed to form part of the specification ( 4) every complete specification shall-(4) fully and particularly describe the invention and its operation or use and the method 'by which it is to be performed; 40 (b) disclose the best method of performing the invention which is lmown to the applicant and for which he is entitled to claim protection; and (c) end with a claim or claims deftnin·g the scope of the ___ , _____ invention for which protection is claimed (5) the claim or claims of a complete specification shall relate to a single invention, shall be clear and succinct and shall be fairly s based on the matter disclosed in the specification (6) a declaration as to th~ inventorship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification to (7) subject to the foregoing provisions 'of this section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention wllich was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under i s the provisions of section 6 to make a separate application for a patent 11 (1) there shall be a priority date for each claim of a complete, priorit "fi t" 1 specl ca ion dates of (2) each claim of a complete specification shall indicate the date ~~ 20 which the applicant considers to b~ the priority date of that claim complete (3) where a complete specification is filed in pursuance of a = single application accompanied by-(a) a provisional specification; or (b) a specification which is treated by virtue of a direc-25 tion under sub-section (3) of section 9 as a provisional sp'e!ciftcation; and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification (4) where the complete specification is filed or proceeded with 30 in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (3) and the claim is fairly based on the matter disclosed-(a) ii! one of those specifications, the priority date of that claim shall be the date of filing of the application accompanied 35 by that specification; (b) partly in one and partly in another, the priority date of that claim shan be the date of the filing of the application accompanied by the specification of the later date ($) where the complete specification has been flied in pursuance ------of a further application ~e by virtue of sub-section (1) of section 18 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may s be, the priority date of that claim shan be the date of the ftllng of that speciftcation in which the matter was ftrst disclosed (6), where, under the foregoing provisions of this section, any claim of a complete speciftcation would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shan be the earlier or earliest of those dates 10 (1) in any case to which sub-sections (3), (4) (5) and (6) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the· date of filing of the complete specification (8) the reference to the date of the filing of the application or of the complete specification in this section shall in cases where 15 there has been a post-dating under sub-section, (2) or sub-section (3) of section 16, be a reference to the date as so post-dated (9) a claim in a complete specification of a patent shall not be invalid by reason only of-(a) the publication or use of the invention so far as claim- 20 ed in that claim on or after the priority date of such claim; or (b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date chapter iv examination of applicationsexaml nation • ofappllcation 12 when the complete specification has been filed in respect of an application for a patent, the application and the specification relating thereto shall be referred ,by the controller to an examiner for making a report to him in respect of the following matters, 30 namely,-(a) whether the application and the specification relating thereto are in accordance with the requirements of this act and of any rules made thereunder; (b) whether there is any lawful ground of objection to the 35 grant of the patent under this act in pursuance of the application; (c) the result of investigations made under section 13; (d) whether the priority date oreach claim as indicated by the applicant is the priority date of that clain1 as determined by this act; and 5 (e) any other matter which may be prescribed 13 (1) the examiner to whom an application for a patent is re- search ferred under section 12 shall make investigation for the purpose of for asceriaiding whether the invention so far as claimed in any claim an~ciof the ~mplete speciftcation- ~tion previous publication and by prior elaim 10 (a) has been anticipated by publication before the date of filing of the applicant's complete specification in any specification filed in pursuance of an application for a patent made in india and dated on or after the lst day of january, 1912; (b) is claimed in any claim or any other complete specifi-15 cation pub!ished on or after the date of &ling of the applicant's complete specification, being a specification filed in pursuance of an applicatioil for a patent made in india and dated before or claiming the priority date earlier than that date (2) the examiner shall, in addition, make such investigation as 20 the controler may direct for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in india or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicant's complete specification 2s (3) where a complete specification is amended under the provisions of this act before it has been accepted, the amended specification shall be examined and investigated in like manner as the original specification (4) the examination and investigations required under section 30 12 and tjlis section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the central government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon 35 14 where, in respect of an application for a patent, the report of considethe examiner received by the controller is adverse to the applicant rauon of or requires any amendment of the application or of the specification redo~ or to ensure compliance with the provisions of this act or of the rules bexadlc mer y od-made thereunder, the controuer, before proceeding to dispose of the troller application in accordance with the provisions hereinafter appearing, shall communicate the gist of the objections- to the applicant and --shall, if so required by th~ applicant within the prescribed time, give him an opportunity of being heard 15 (1) where the controller is satisfied that the application 01' s any specification filed in pursuance thereof does not comply with the requirements of this act or of any rules made thereunder, the controller may either--(4) r~use to proceed with the application; or (b) require the application, specification or drawings to be 10 amended to his satisfaction before he proceeds with the appli cation po oleantroller to refuse or require amenel ed applies tionsm certain easel (2) if it appears to the 'controller that-(4) the application claiming to be a convention application was filed in contravention of the provisions of chapter xxii; is or (b) the invention claimed in the specification is not an in· vention within the meaning of, or is not patentable under, this act· , he shall refuse the application 20 (3) if it appears to the controller that any invention in respect of which an application for a patent is made might be used in any manner contrary to law, he may refuse the application, unless lhe specification is amended' by the insertion of such dis-claimer in respect of that use of the invention, or such other reference to the file- 25 gality thereof, as the controller thinks fit power olean troller 16 (1) a person who has made an application for a patent under this act may, at any time before the acceptance of the complete specification, if he so desires, or with a view to remedy the objection raised by the ·controller on the ground that the claims of the com- 30 plete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application to~ake orders respectingdivfsion of appllestion (2) the further application under sub-section (1) shall be ae- 35 companied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application (3) the controller may require such amendment of the complete specification filed in pursuance of either the orfginalor-thefurther appucation as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in 5 the other explanation-for the purposes of this act, the further application and t~e complete specification accompanying it shall be deemed to have been filed on the date on whic'h the complete specification in pursuance of the first mentioned application had been filed, [0 and the-: further application shall, subject to the determination of the priority date under sub-section (5) of section 11, be proceeded with as a substantive application 17 (1) subject to the provisions of section 9, at any time after power the filing of an application and before acceptance of the complete ,jfcon-15 specification under this act, the controller may, at the request of the :o:e applicant made in the prescribed manner, direct that the application ordei'l shall be post-dated to such date as may be specified in the request, respectand proceed with the application accordingly: ing datin, provid~d that no application shall be post-dated under this subof appli-20 section to a date later than six months from the date on which it was cation actually made or would, but for the provisions of this su:b-section, be deemed to have been made (2) where an application or specification (including drawings) is amended in pursuance of the directions of the controller under sub-25 section (1) of section 15, the application or specification shall, if the controller so directs, be deemed to have been made on the date on ~ which the requirement is complied with or where the application or specificatibn is returned to the applicant, on the date on which it is re-fued after complying with the requirement powers of con-30 18 (1) where it appears to the controller that the invention so far as claimed in any claim of the complete specification has been anticipated in the manner referred to in clause (a) of sub-section (1) or sub-section (2) of section 13 he may refuse to accept the complete specification unless the applicant-tro~ler in cases of antidpation 35 (a) shows to the satisfaction of the controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or (b) amends his complete specification to the satisfaction of the coptrollef (2) ~f it appears to the controller that the invention is claimed in a claim of any other complete specification referred to in clause -(b) of sub-section (1) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the 5 applicant's complete specification unless within such time as may be prescribed,~ - ! (a) the applicant shows to the satisfaction of the controller that the priority date of his claim is not later than the pri('\rity date of the claim of the said -ethu'speciftcation; or 10 (b) the complete specification is amended to the satisfaction of the controller; f (3) if it appears to the controller, 6s a result of an investigation under section 13 or otherwise,-(a) that the invention so far as claimed in any claim of the i, applicant's complete specification has been claimed in any other complete specification referred to in clause (a) of sub-section (1) of section 13; and (b) that such other complete specification was published od or after the priority date of the applicant's claim; 20 then, unless it is shown to the satisfaction of the controller that the priorjty date of the applicant's claim is not later than the priority date of the claim of that specification, the provisions of sub-sectiod (2) shall apply thereto in the same manner as they apply to a specification' published on or after the date of filing' of the applic~~'s 25 complete specitlcation ( 4) any or4er of the controller,l1nder sub-section (2) or subsection (3) directing the insertion of a reference to another complete specification shall be of no effect unless and until the other patent is granted~ i 19 (1) if, in consequence of the investigations required by the foregoing provisions of this act or of proceedings under section 25, it appears to the controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he 3s lilay direct that a reference to that other patent shall be inserted in powers of controller in case of potential infrlngem-ent the applicant's complete specification by way of notice to ~ publlc, unless within such time as may·be prescribed- ----------- --- ---- (4) the applicant shows to the satisfaction of the conkoller that there are reasonable grounds for contestint the validity c)f ~ the said claim of the other patent; or (b) the complete specification is amended to the satilfactiod of the controller~ (2) where, after a reference to another patent has been inserted in a complete specification in pursuad:~e of a direction under sub-10 section (1)--(4) that other patent is revoked or otherwise cease tq be in force; or (b) the specification of that other patent is amended by the deletion of the relevant claim; or 1$ (c) it is found, in proceedings before the court or the cod-troller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant's invention; the controller may, on the application of the applicant, delete the reference to that other patent 20 zoo (1) if the controller is satisfied, on a claim made in the pres- powvi cribed manner at any time before a patent has been granted, that b) ot con virtue of ~ny assignment or agreement in writing made by the appli troller cant or one of the applicants for the patent or by operation of law, ::::-the claimant would, if the patent were then granted, be entitled relardlda 25 thereto or to the interest of the applicant therein, or to an undivided lubstltu-, share of the paten~ or of that interest, the controller may, subject ttanef 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 etc and the applicant or the other joint applicant or applicants, accord-30 ingly as the case may require (2) no such direction as aforesaid shall be given by virtue of any assignment or agreement made by ode of two or more joint applicants for a patent except with the conspnt of the other joint applicant or applicants 35 (3) no such clirection as aforesaid shall be given by virtue of any assignment o~ agreement tor the assignme!1t of the benefit of an invention unless-(4) the invention is identifted therein by reference to the number of the application for the patent; or 1281 (b) ls '"(b) there is produced to the controller an acknowledllllent by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in -~espect of which that application is made; or (c) the rights of the claimant in respect of the invention 5 have been finally 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 a patent dies 10 at any time before the patent has been granted, 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 i~ " (5) if any dispute arises between joint applicants for a patent whether or in what manner the application should· be proceeded with, the controller may, wpon application made to him in the prescribed manner by any of th parties, and after giving to all parties concerned an opportunity to be heard, give such directions 30 as he thinks fit for 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 timtifar 21 (1) an application for a patent shall be de~med to have been put~, abandoned unless within fifteen months from the date on which as ~:l~;,· the first statement of objections to the application or complete· order specification is forwarded by the controller to the applicant or for within such longer period as may be allowed under the lollowing accepprovisions of this section the applicant has complied with all the tance req':lirements imposed on him by or under this act, whether in con- 30 nection with the complete specification or otherwise in relation to the application , erplanation-where the application or any specification or, in ~~ c::ase of a convention application, any document filed as part of 35 ~ the application has been returned to the applicant by the controller in the course of the proceedings, the applicant shall not be deemed to' nave 'complied with such requirements unless and until he has re-fued it - (2) the period allowed by sub-section (1) shall be extended 'by the controller to such period not exceeding eighteen months from the date on which the objections referred to in sub-section (1) are forwarded to the applicant, if the applicant makes an application la - s this behalf in the prescribed manner before the expiration of the period so specified :·t · - ~ : " " ~! (3) if, at the expiration of the period allowed under the foregoing provisions of this section, ad appeal to the high court 'fa pending in respect of the application (or, in the case of an applica-" ' ') ~ , : , 10 tion for a patent of addition, either in respect of that application 1: ·or in respect of the application for the paten't for the main'invention or' the prescribed time within which such an appeal could be , filed in the high court (apart from any future extension of time 'granted by t~e court for filing the appeal) has not expired, then-, i, (a) where such appeal is pending, or is brought within-tile afc!resaid period of fifteen or eighteen months, as the case' may be, or before the expiration of any extension of that time granted by the high court (in the case of a first extension) on an application made within that time or (in the case of a subse- ~ '") · - !' 2,0 quent extension) on an application made before the expiration ot' the last previous extension, the said period of fifteen or eighteen months, as the case may be, for complying with the requirements of the controiier shall be extended until such date as the high court may determine; ~s (b) where no such appeal is pending or is so brought, the said period of fifteen or eighteen months, as the case may· be, - 1 for complying with the requirements of the controller shall , ' , continue until the end of the time ·aforesaid or, if any exiensiod' 'of that time is granted by the high court as ·aforesaid, : , : 'until the expiration of the extension· or last extensiqd so 30 granted ' , , ", ~:_ - ~ :' j ~ _ - - " - " - - •• , - ' - - •• - ,-' :zzt, ~~bject to·, tb~ pr~~io!ls of ~~etion ~~, ~l)~ eq~pj~te speci- aceepfication filed fri' purstianee of an application' for -~ jlaten~ :may be tanca accepted by the control~er at any ~e after the-~pp~icant' nas com- of pii~·~itl:i tli~· ~e~wreinents :riienti~n~ }~ '~~~-~~ti~)d ~~) of that com~:~ 3s 'section, and, if not so aceepted within t~«;!~ p~tri~d ,~,i~o~ed under:: that section for compliance with those requirelilents, shall be 'atcepted as··soon' as may' be' there~te~: ' '' " provided that the applicant may make 'an appjieation to the con-40 ~o~er in· the, prescribed, manner requesting him· to postpone accep- tance until such date (not being later than eighteen months from -' ~ , - ' ' -, ' , -the 4a~ on which the objections refelted to in sub-section (2) of ction21 are ,forwarded to ,the applicant) as maybe specified ,m the ap~lication, and, if such application is made~ the c~ntroner ,_ may ,postpone acceptance accordingly advert!- 13 on the acceptance of a 'eomplete 8peclftca~ton,the cont~r , met of shall give notice thereof to the applicant and shall ,advertise in the acc:ep-omcial gazette the fact that the specification has been accepted, =:l:~and thereupon the application and the specification with the ipecl6_ drawings (if any) filed ,in pursuance thereof shall be open to public cation inspection ' 10 uect ~-m ,on' and from the date ofedvertisement of the aeceptamce of of accepa eomplete speclftcation and until the date of sealing of a patent in tance of 1'9spec:t 'thereof, the applicant shall have the like 'privileges and rights complete as 1£ a patent for the invention had been seai'ed on the c:tata! of =:-edvertisement of ,acceptance of the complete specification: is provided that the applicant shall not be entitled to institute any ,proceedings for infringement until the patent has been sealed chapi'er vopposition to li'ant of patent opposition to grant of patent as ,(1) at 'any time withln four months from the date of advenise- 20 '1ileat gfthe acceptance of a complete specification under this act (0l' within such further period not exceeding one month in the aggregate as the controller may allow on application made to him _ in the prescribed manner before the expiry of the four months 'llfor9aid) any person interested may give notice to the controller 2s 'uf'dppositfon to the -grant of the patent on 'any of the following 'tn>unas,' n'idnely: - , '(a) thllt the applieant ,tor tim patent ar the pel'son 'under ' ar thrnugn l~om neclaims 'wrongfutiy 'obtained the ~ntiod '-t:jr' 'atry "tmtftlerebf from ''him or from ii 'pet"lod of 'whom' he is 30 the legal representative; -{b) that the jnvention so far as claimed in any claim of the ~mpwte' specification has ~"pubdshed before fteptto~ elate' elanned-(i) in any ~catian flied in pursuance of an· ~- 3s cation for a patent made in india on or after the 1st day of 38duary, 1912; or (ii) in india orel8ewhere, in any ,other ·doeumedt, jaot being a document of the class described in sub-section (z) 1m' ~-reetlon:(3) 'of sf!'e'tton 29; 40 (c-) that the 'inve!ition 'so far as 'claimed in -any 'claim of the complete'speclftcation is claimed in -a claim -of a 'c'ompfete speci 1icatit»n published 'od or after the priority 'date of the applicant· ~laim and filed in pursuance of an application for a patent in lnciia, being a claim of ·which the priority date is earlier than tmt of the applicant's claim; ( d) that the invention so far as claimed in any claim of the complete specification was used in india· before !the priority date of that claim explanation-for the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deem-10 ed to have been used in india before the priority date of the claim if a ,product made by th~qces8 had already been imported into india before that date; (e) that the invention so far as claimed in my claim of the -complete specification is 'obvious and clearly does not involve is any inventive step, having regard to thematu!! published as mentioned in clause (b) or having regard to what was used in india before the priority date of the applicant's claim: '(f) that the subject of any claim, of the complete speclftcation is not an invention within the meaning of this act, or is not 20 patents·ble under this act; (,g) that the complete specification do~s not sufficiently and clearly describe the invention iif the method by which it is to be performed; (h) that the applicant has failed to disclose to the control-'ler the infonnation required by section 8 or has furnished the information which 'in any material particular was false to' hi~ 'tnawleclg~; 30 (i) that in the case ofa convention appiicat,ion, ,tbe appueatlon was not made within twelve months from the da~ :of ~ , brst application for protection for the in'v'entian made~ i:ollwntion country qy the applicant 4ra ~n· from whom· 'lie derives tit1~; but, qldo,:otiher grqqj1d - 1(2) whel"'! ~ wch' netice of 'opposition is duly given, the con-35 h~ ~iil ntttify, 'the ~pplk:ant and shallglve to the applicant, and the'bpponeitt an 'opportunity to be heard before deciding the case, , (3) the grant of a patent shan not be refused on the ground stated in clause (c) of lubsection(l) uno patent' has ·been' gnmted in rpursuanoe of the jlipplieation mentioned' in that clause· and for 40 the purpose of any inquiry under ~lause ,(d) or clause (~) 'of that ~uj>sectloj1, ,no account &bau be taken of ady ·aacivt use in cases of "obtainlng" controller may treat appueationu application of opponent "-'18(1) where in any opposition proceeding under this ae~ (a) the controller finds that the invention, so far as ~laimed hi any claim -of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section ' (1) of section 25 and refuses the application on that ground, he 5 may, on request by such opponent made in the prescribed manner, dire<:t that the application shall proceed' in the mmie of the opponent as if the application and the specification had been filed by ~e opponent on the date on which they were act1,lally filed' 10 " , (b) the controller finds that aaparl"of an invention described in the complete specification was so obtained from the opponent and passes an order requiring that the specification be amended by the exclusion of that part of the invention, the opponent may, 'subject to the provisions of sub-section (2), file an application is in accordance with the provisions of this act accompanied by a, complete speciftcation for the grant of a patent for the invention so excluded from the applicant's specification, and the controller may treat such application and specification as having been filed, for the purposes of this act relating to the pri~ty a~ dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have '-been filed by the earlier applicant, bift for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this act 2s (2) where an opponent bas" before the date of the order of the controller requiring the amendment of a complete speciftcation referred to in clause (b) of sub-section (1), ftled an application for a'-patent for an mvention whicn'includes the whole or a part of the invention held to have been obtained from him' and' such appucation 30 is' pending, the controller mey treat such application and '~1ica-'~ tion -in, so tar' as 'they relate to the inv'entiem' he~4' to ~av~' ~een obtained from him, as having been filed, for the purposes of' this act, relating to the priority dates of claift1s of ·the' comple'te' !'perl1!ea~ tion, on the date on which the corresponding d'ocument was or 'was 35 d~ed to 'h~~ ,b~n ftjed by the earlier applicant, but for all' other - ~ purposes the applicatiop of the opponent shall be proceeded with ' as an' application for a patent under this act ' ~ 27 if at any time after the acceptance of the complete specfflca- 4 tion -flied in pursuance of an application for a patent and before'the 0 grant of a patent' thereon it comes to the notice of the controller otherwise than in consequence of proceedings in opposition ·to the betusal of patent without oppositiaa grant under section 25, that the invention, so far as claimed in an1 --cfaun--of the --complete specification, has been published in india 01' any, other country before the priority date of the claim--, (a) in any specification filed in pursuance of an application for a patent made in india and dated on or after the 1st day of january, 1912; (b) -in any other document in india or elsewhere not being a document of the class described in sub-section (2) or subsection (3) of section 29; '10 the controller may refuse to grant the patent unless, within such time as may, be prescribed, the complete specification is amended to his satisfaetion 28 (1) if the controller is satisfied, upon a request or claim made mention in accordance with the provisions of this section,-' of in- ventola is (a) that the person in respect of or by whom the request or web in claim is made is the inventor of an invention in respect of which patent application for a patent has been made, or of a substantial part of that invention; and (b) that the application for -he patent is a direct, conse:-20 quence of his being the inventor; the controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register : of patents: 2s provided that the mention of any person as inventor under this section ,shall not confer or derogate from any rights under the patent (2) a request that any person shall be mentioned as aforesaid may be made" in the prescribed ma"fmer by the applicant for the 30 patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person (3) if any person [other than a person in respect of whom a request in relation to the application in question has been made under sub-section (2)] desires to be mentioned as aforesaid, he may make 35 a claim in the prescribed manner in that behalf , " (4) a request or cl~im under the foregoing provisions of this ~ - section shall be made not later ~han two months after the date of advertisement of acceptance of the complete specification -or withm sueh further period (not exceeding one month) as the controller -- --------may, on an application made to him in that behalf before the expiration of the said period of two months and subject to the pay-~ent of the prescribed fee, allow (5) no request or claim under the foregoing provisions of this s section shali be entertained if it appears to the controller that the request or claim is based upon facts which, if proved in the case of an opposition under the provisions of clause (4) of sub-section (1) of section 25 by the person in respect of or by whom the request or claim is made, would have entitled him -teftleiief under that section 10 (6) subject to the provisions of sub-section (5), where a claim is made under sub-section (3), the controller shall give notice of the claim to every applicant for the patent (not being the claimant) and to any other persoll whom the controller may consider to be interested; and before deciding upon any request or claim made under sub- is section (2) or sub-section (3), the controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under sub-section (3), any person to whom notice of the claim has been given as aforesaid (7) where any person has been mentioned as inventor in pursu- 20 ance of this section, any other person who alleges that he ought not to have been so mentioned may at any time ,apply to the controller for a certificate to that effect, and the controller may, after hearing, if required', any person whom he may consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification 25 and the register accordingly chapter vi anticipation29 (1) an invention claimed in a complete specification shad not lae deemed to have been anticipated by reason only that the inven- 30 tion was published in a specification filed in pursuance of an appli-anticipation by previous pubucation ~ation for a patent made in india and dated before the 1st day of january, 1912 (2) subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated 3' ~y reason only that the invention was published before the priority date of thl! relevant c1atm of the specitlcatiod, if the patentee or tba applicant for the patent proves-7-,', -------:- ~-(~) that' the matt~ published was obtained from him, or (where he is not himself the true and first inventor) from any , person from whom he derives tiue, and was published without his consent or the consent of any such person; and (b) where the patentee or the applicant for the patent or any person from whom he derives tiue learned of the publication before the date of the application for the patent, or, in the 10 -11 case of a convention application, before the date of the app -cation for protection in a conventiorl';country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter: t , 15 provided that this sub-ijection shall not apply if the invention was before the priority date of the claim commercially worked in india, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the paten-20 tee or the applicant for the patent or any person from whom he derives pue i -(3) where a complete specification is filed in pursuance of an applicatiod for a patent made by a person being the true and first inventor or deriving tiue from him, an invention claimed in that z5 specification shall not be deemed to have been anticipated by reasod only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by' reason only that after the date of filing of that other application the invention was used or published, without the consent of that 30 person, by the applicant in respect of that other applicatiqn, or by ~y other person in consequence of any disclosure of any lnvmtion by that applicant 30 an invention -claimed in a complete speciftcation shall dot antlclpabe deemed to have been anticipated by reason only of the communi:" lion by 3s cation of the invention to the government or to any person autho- previous rised by the government to investigate the invention or its merits or communl f bin d 'cation to o anyt g one, in consequence of such a commumcation, for the govern;" purpose of the investigation ment al an invention claimed in a complete specification ihau not anuc1pa-40 be deemed to have been anticipated by reason only oftion by (a) the display of the invention with the consent of the true =~' and fir~t inventor at an industrial or other exhibition to which '" 1261 (b) l s - 5 ' ~tbeprovision8 ofthis aection have been ~_rbrlb t!eduai,'·· - government by notification in the -oftletat' gaiette, or ~' -ute thei"ebf 'with his' eoj2sent 'for-the l'urpaii! 1)f abeh 'id' ed1bitlon in the place wher it fa held; 'or·(b}the·publlcucm;ofanyducriptida of·the _veiluc!d·fad , cod8equence of the display or use of the invention at ad1 rch 8ilubidon as afor~ or (c) the use·:cal -the mv8lltigd, rafter- it abuj"',=diipl j bd or used at any such ·exhibition -as 1af000esaid:add '; chuiil" r,6e pqiod gf the exllibitiod, by 8dj""9faoiil witboat ,tb,e ~ jo the·f:i:ue and dlrat my_tor; ·or· (ci) the description of theinventioii in 'a paper read b)<the true and first inventor before a learned lociety or pub1",,_ with-bis coiii_t' lthe1wapctltqdmol __ a:,~ j' if the application for the patent is made bythe·uuead4lrst;;java,r, tor or -a person derivingtit1e kom hijd dot laterthan-aix-ldolltba after the opening of the exhibition or the l"eadin'or puwicatioll of the paper, as the case may be d an invention claimed in a complete specf1ieation ~ - 'not be deemed to ·have been' anticipated bj ·realod ·cml7 that,'at' tbv2'i ~ within ·one year before tbepriqrity date ·':of··thet nl8na'~: claim· of ·the apec:i1icaticm, the idv"~ will 'pubucly- i jnoi'bd '-s ~:; indi (cz)bytbe patentee' 'or ppltclm~ "for:-th~p_t~·~ 'adj' ' penoa from whom he' ~erives title;: 'or 2, (b) by any otherpersoa with tbecodl8dtef,the, ·~": or applicant for the ·patent or any per8oa -from • 'wbe!n,rhe; -:: derives title~ , if the working was effected for the purpose of reuod4ble 'tri,al bnt, and··ifjt was rf'easodably decesaaqr, having "l'ept'd 'to ·tb: nature~· 30 the idveiltkjn, ·that the· worjddg tor·chat pup-:ab0uld ,·tie;~~·~ m puajic:,," ~ 33~' '(1) wh'ere a complete apeciflc:ation fa mad ,or proceeded ~~ ~ii ~···in pursuance of an application which was acc:ompallied jj)y a prov£ ' pubucalional specificat~on or where a complete specification ftledaloac 3, tioirltber "with 'an application is treated by' :virtue of a direc~iod under lib- provi\ ': jection (3) of section 9 as a provisional specification, then, not-=:~i 'j! ~ttbstanding anythibg contain~ in this ~c:t, :~e':~~ii~~~ ~~a11 noc retuse:to·p-antth6 pltent~ and the'jnl~t wllnot &e~ n,ce;idalrtdated •• bji,ralljjl adlyr that; my' matter'~ dnarf~ fa the ,~\pniid8imialt tpl"maation 0 • ~ the jpedflcation treated _ aforesaid l~·_ ai"provisiadat apeci1lcatton was ,used, in, incua or publislu,!d in ')';:;~ '0 kl4!liewber ant jime ,after tbe date ot ~ ilin, o~ that j·ip8(dftutlod • _(,2) ~ cqjqplete apecfftcauod is flied in ~~c8 of - collventioll ,application, ihen notwithstanding anything contained in this act, thecqdtfoller shall notrefus8 to grant thepateqt, and the patent shall not be revoked or invalidated, by reason only that 10 ~1 muer ~osed in ~y application fof p~tectlon ~a codven-uop ~ntry,,upo~hlcb ,the convention application foundedjlvu • ~, qt tz)di~ qr,pq:bushed ~ india or elsewhere at ~y,tfme dter _ :lhe~ 4a~ qt ~ ~"'ppjqtiod fqr pmtection , ,j!;'~i:8jlywn, coatalded in·tjrls act, ,thecontrol- koid" 1 1,·lejlt4la1ldot iretwie: to,accept a complete speciftcatioa,ft'r ·patent :=:s ;~er '-jl'8bt·apatedt, and· pateut,an n~t be·rewlred or·fnvalichlced tadc ,~t1'ulol1 onl~ of ~-any circumstances which, by virtu of ~u()ll are 0dlj '<2' • _imet:fon~30 ,··aectiod 31 or ,section' 32, do- dot constitute- ad u delanticipation of the invention claimed in the apecuic:at1on crlbecl in rc-a _ tiaai ao-it' " -' iidd'it paovlsion 1'0 sjl'crbct or cj:rtad' ih\iu'i'iolfb31, (1) 'where; ibreapect ofj an application made-~before or after secreq '1cth eemjlledcement· ot thfa: act for·a patent, it appears to the con- directiodi troller that the invention is one of a class notified to him by the to~ud' &livenas central government as relevant for defence purposes, or, where uodi rei r otbeiiwisethe ulvention appears to him to be so relev8d~ he may nnt for "&n~ cure~tum& for p1!qh1biting· or restricting thepublication~ of deface f" ·lafeimauod:!1ri~ ft!ii}ject to themvention or the communication' of pazpa •• -ri _~ jaf~~ to: any "'penqq qi' c:1aat of; p8i'sons, ·apeclfted, in'-\the " ~"directions (2) where the controller gives any such directions as are refer -(r-:l to·in~su1heetioll (1), he shall give notice of the application and ,1-~tbe,directiod& to· the central government, and the central gov-;;"umrient-shall,~uponl j:eceipt- of: such ·:notice,·: consider whetl1m!"tbe ~, 35 publication of the invention would be prejudicial to the defence ~ of ~d1a and if upon such consideration, it appears to 't that the pub- ~fcirtfon of the bivention would not so prejudice, give 'notice to the ~' ~~trop~ to ,that-' e1rect;~ who ~ad th~eupon revok~, th~ ~tfodi :ii·: "ilotur the ;"8ppucant· 8cc:ordjd,ly (3) without prejudice to the provisions contained in sub-section (1), where the central government is of opinion that an invention in respect of which the controller has not given any direetions under· ' sub-section (1) ,is relevant for defence purposes, it may at any time before acceptance of the complete specification notify the controller s to that effect, and thereupon the provisions of that sub-section "hall apply as if the invention were one of tile class notified by the central government, and accordingly the controller shall give notice to the central government of the directions issue~ by him secntcj 38 the question whether an invention in respect of which diree- 10 :r:tl~ tions have been;gwen under section 35 continues to be releyan~ ~or cilcall~ redefence purposes shall be re-eonsidered by the central government --eel within nine months from the date of the flling of the application for the patent, and once at least during every subsequent year, and if, on such re-consideration it appears to the central government that the i, publication of the invention would no longer be prejudicial to the defence of india it shall forthwith give notice to the controller accordingly and the controller shall thereupon revoke the directions pre--viously given by him 37 (1) so long as any directions under section 35 are fd force 20 in respect of an appucation-(a) the controller shall not pass an order refusing to accept' the lame; and (b) notwithstanding anything contained in iihis act, no appeal shan lie from any order of the controller passed in 2, respect thereof: provided that the application may, subject to the directioda, proceed up to the stage of the acceptance of the complete specification, but the acceptance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the appu· 30 c:atiod (2) where a complete specification filed in pursuance of an application for a patent for an invention in resped of which directionl have been given under section 35 is accepted during "the continuance id force of the directions, then-3, (a) if any use of the invention is made during·the contmuance in force of the directions by ~r on bj!half pf or to the order ft' +it ("in_""nt +" ft1"ftvf~fnn ftf ~tlnn 100_ 10t and 1ma shad apply in relation to that use as if the patent hacl-been ij'8dted for the !dventlon; and (b) it it appeal'! to the central government that the aprli~----------cant for the patent has suffered hardship by reason of the , continuance in force of the directions, the central govemm£nt may make to him such payment (if any) by way of solatjum as appears to the central gov'el'dment to be reasonable having regard to the novelty and utiuty of the invention and the pur-pose for which it is designee!, and to any other relevant circum-10 stances (3) where a patent is granted m pursuaiia!=-nf an applatfod in respect of which directions have been given under section s5~ do renewal fee shall be payable in respect of any period during which those cilrectlods were in force i' 38 when any direction given under section 35 is revoked by the ~oc controller, then, notwithstanding any provision of this act specify- :::, ing the time within which any step should be taken or any act done direcin connection with an application for the patent, the controller :nay, tions subject to such conditions, if any, as he thinks at to impose, extend and men-20 the time for doing anythin$f required or authoris~to be done by or lion of under this act in connection with the appucatlon, whether or dot tim that time has previously expired 31 (1) no person resident in india shad except under the autho- resldentl rity of a written permit granted by or on behalf of the controller, dot:o t 2s make or cause to be made any application outside india for the grant ::re!ti or of a patent for an invention unlessoutside indiawiul-(a) an application for a patent for th'e same invention has out prigi' been made in india, not less than eight weeks before the applica- ~e~ tion outside india; and oil 30 (b) either do diw!etlons have been ~_n u:nder sub-sectlon (i) of section 35 in relation to the application in india or au such directions haft been revoked (z) the controller shall dot grant writt~ permlssinn to any per-iod to make any appucatlon outside india without the prior ead-3s sent of the central government (3) this seetiod shall not apply iii relation to an invention for whleh an appueation for protection has flrst been med in a country outalde india by a person resident outaide india for coil-if in respect of an application for a -,tent, any per(q)n 'ot!jftbvenes :::- any direction as to secrecy given ,by the controller under section 35- -iecuon 31 or makes or causes to be made an application for the gr~t of a patent or ec:tlon outside india in contravention of • ec:tion 39 the applicatlon,f9f' patent s 18· under this act shall be deemed to have been abandon1!d and the patent granted if any, shall be liable to,berevoked under ae~on m l'ina!lty 41 all orders of the controller gtvtng directions as tq secreey u of order well as all orders of the central' government under this chapter :r c:n:a1- shall be final and shall not be called in question in any cdurt on ady 10 central ground whatsoever 009em ment savinp 0 nothing in this act shall be held fa) ,~ ilttt!di8ijaium by respectthe controller of information concerning an application for 4l patent m disor -a speciftcation filed in pursuancetbereof t~ ·theo ccmtral c!overn :!:m- ment or any department thereof,' for the ~se of 'the ~ueatlon is met or speciftcation beingexammed for 'considering wheth, ad' older ' udder this section abould be made, ,vatfed' or't'evoked 'crapi'er vm gralft' and sulin'g or patents and iiigbts col'ii'iiildd wu ••" g (1) where a complete speci1lcation in pursuance of anappljca- 20' tion for a patent has been accepted and either--(a) the application has not beenopposed undu·leqtioll 25 and the time for the fllin~ of the opposition has expired; cxl" grant and seaiidi of _ rpuedt , (b) the application -hae"beed'eppose(i and~ the epposition iiu· been finally decided in favour oftm applicant; or 2s (c) the application has not been refused by the controller by virtue of any power wsted in him by this act; , the patent shall, on request, made by the applicant id~e prescrlbed· fonn, be granted' to the applicant or, in the case of a joint application, to the applicants jointly, and the controller-shalt cause the patent to 30 be sealed with the seal of the patent office and the date on whlcja , the p~tent is sealed mall be entered in the'tegister ' (2) subject to the provisions of-sub-sectloil :(i),'mel'of the proyt sions of this act with respect to patents of addition, a request udder , this section, for the s~ahng of a patent shall be made not' later tjwi 3' the expiration of' a pettod of' sir months from the date ot"lclvertfle ment of the ac:ceptm_ ofe·the eoidpj'et, lpitdeeatlojr , (4)' 'wheteilt -t'he '-exptrattoh- of·th~ '1sa1d- -'six 'months- --any' ~' -in rei8tfon· to the ;applicatidn 'for the patent is pending before the controller or the high court, the request may be, j ,- judia~ the ip1'elcribed-period aftar the final· deaermidatiod of that proceeding; 10 (b) 1p1jre,'the'_ucant for ;one; of the 'applicants 'baa cued befom the uplr~tion of the time within which under the prov!-mcma of this 8i11hection the' request could -otherwise be made, the 'said req~ may be made at any t:ime wfttm:j twelve mon~ha atter the date of the death or at such later time as the contrqller , li18w l (3) the peri~ within wbieh·tiilder'8ub-8ectioll, '(2)- il request b ~ u-ali:dtr of -& patent ·may ,be made may, kom time to time be ex-isteadeel -by the: controller tobuell, iolller period as may be speclfted in imj--app1icatigd made &0 ,hial, in ·that behalf, if the application is made and the prescribed fee _paid within that longer period: ' provided that the first mentioned period shall not be extended under this au1hec:tidd by ~orethan three months or such shorter 20' perioci u may be prescribed e~-"'for·the ~ 'of ,this section a preceecting ihall be,li:eemed,,1o be pendisg-lo:long-as the time for any appeal therein (apart from any future extension of that time) has 'not expired, and ~ proc:eeding shall be deemed to be finally determined when the time as for any appeal therein (apart frdm 'any -such extension)' has -expired wiuleut ·,the appe~ bein" ,rought " "" where at any time after a patent has been -sealed in pursuance amend" of an application under this act the controller is satisfied that the ment of person';to 'whom the pamnt was 'granted had died, 'or, in the case of patent 3~ 'a ~boay'c:orpor8te-, \ hadlceased to 'exist, 'before ·the patent was sealed, il'8jltecl; tbe"eontrollermay"amend the patent by substituting for the name : ~ece:o(tha~'person the' 'd8lile 'of the person to whom the patent ought to e8z1t~p -have beed- ·grmted, and the 'patent shall ·have effect 'and shall be defimed·· ~ilw8yl' to have ·bad effect, -accordingly 3 "':g~'-i (1) su'jeet· to· 'th~ other provisions t contamedln this ad, date at s every' patent shah' be "dated as·of \ the date on which the complete pateat apedlcation" " ·eel··; '7, · • ,(2),~tiod~of :the ctentulc ad~r shall be ftxed by (3) notwithstanding anything contalned in this zection, do pto eeecung shall be taken in respect of an infringement committed before the date of advertiaement of the acceptance of the complete specification 48 (1) every patent shall be in the prescribed form and aball s have effect throughout india (2) a patent shall be granted for gide frivenuod only: form extent and e1fedof patat provided that it shall not be competent for any persod in - 111ft or o~er proceeding to take any objection to a patent on the jroudci io that it has been granted for more then one invention 47 (1) subject to the other provisions contained in this act, & patent granted, 'whetherpefore or after the commencement of thja act shall confer upon the patentee-(4) where the patent is for an article or substance, the is exclusive right by himself,· his agents or licensees to make use exercise, sell or distribute such article or substance in india,' (b) where 0 patent is for a process of manufacturing an article or substance the exclusive right by himself his agenta or licensees to use or exercise the process in india and of using or selling in india articles or substances made by such process 20 and of authorising others so to do (2) the rights conferred gn the patentee by this section shall be exercisable only subject to the provisions of any other law for the time ,being in force ca n otwithsvmding anything contained in thi3 act,-(4) the importation by or on behalf of the government of any patented machine, apparatus or other article for the, purpose merely of its own use, or patent ri,hts not in- frinled when used for "'sl-taid patentees (b) the importation by or on behalf of the government of any patented medicine or"drug for the purposf;;-merely of its own 30a -use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the government or any other dispensary, hospital or other medical institution which may be specified by the central government in this behalf by notification in the official qazette, or 3s (c) the mlking of a patented machine, apparatus or other article or the use of a patented process or the making of an article by the use of the patented process by or on behalf of the government for the purpose merely of its own use or ·by persona on its behalf who may be ipeclally authorised fat the purpose, or 40 (d) the making or use of a patented machine or apparatus or- either article or-the-use-of a-patented process -or the,use of an article made by the use of the patented process, machine or apparatus for the purpose merely of experiment or research, including the imparting of instructions to pupils, s shall not be deemed to constitute an infringement of the rights conferred on the patentee by this act o (1) where a vessel or aircraft registered in a foreign counu7 ~~~ot or a land vehicle owned by a person ordinarily resident in such infringed [0 country comes into india (including the tenitorial waters thereot) when used temporarily or accidentally only, the rights conferred by a patent on torettn for an 'invention shall not be deemed to be infringed by the use of v::-b the invention-~pora-(a) in the body of the vessel or in the machinery, 18ckle, rily or 15 apparatus or other accessories thereof, so far as the inventiod accidentis used on board the vessel and for its actual needs only; or ~~~ (b) in the construction or working of the aircraft or land vehicle or of the accessories thereof; as the case may be 20 (2) this section shall not exteru1 to' vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign counu, the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in india while in the ports or within 2s the territorial waters of that foreign country or otherwise within the jurisdiction of its courts so (1) where a patent is granted to two or more persons, each rilht of those persons shall, unless an agreement to the contrary is in of force, ,be entitled to en equal undivided share in the patent co-owner of patent 30 (2) subject to the provisions contained in this section and :in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entiued, by himself or his agents, to mak~, use, exercise and sell the patented invention for 3s his own benefit without accounting to the other person or persona (3) subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, a licence under a patent shall not be granted, and a share in a patent shall not be assigned, except with the consent of all persona, other than the 40 licensor or assignor, who are registered as grantee or proprietor of the patent 1261 (b) ls-6(4) where a patented article is sold by one of two or more persons registered-as -grantee ·or proprietorofa patent,· the purchaset and any person claiming through him shall be entitled to deal witft the article in the same manner as if the article had been sold by a de~en~ (5) subject to the provisions contained' in this section, the rules of )aw applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing con-~ tained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or ot the legal representatives of a 10 deceased person or their rights or obugations as such (8) nothing in this section shall affect the rights of the assignees of a partial interest in a 'patent created before the commencement at this act power of controller to &ive directions to coowner • 51 (1) where two or more persons are registered as grantee or is proprietor of a patent, the controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest ther:ein, the gmnt of licences under the patent, or the exercise of any right under section 50 in relation 20 thereto, as he thinks fit (2) if any person registered as grantee or proprietor of a patent fails to evecute any instrument or to do any other thing required for the carrying out of any direction given under this section within 1 fourteen days after being requested in writing so to do by any ot 2s the other persons so registered, the controller may, upon application made to him i~ the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default (3) before giving any directions in pursuaru:e of an application 30 under this section, the controller shall give an opportunity to be heard-(a) in the obs~ of an application under sub-section (1), to the other person or persons registered as grantee or proprietor of the patent; 3s (b) in the case of an application under sub-section (2), to th~ person in default (4) no direction shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal represen- tatives of a deceased person or of their rights or obligations as such, 40 or which is inconsistent with the terms of my agreement between co-proprietors of the patent ,' • ~ ~l') l," petejit"'hubeed okecfol1 th~ ,r0udd tmt grim;t;ti , patent was obtained wrongfully 1dci'1il eontravention of the rights of patedtw': tha petitioner 1_any: p8l"ion under orthrou,h whom be- claims, or, true ~""~ ·petatunfoi:'levoca1:lon, the'court,~ of jrit , • ' s"pa1lebt, ldb'ecta~the comjilete -8p!ctftcatloa to be ameuded··by the·-, ciusion of a claim or cliims in consequence of - fblc:ujlg that the tn- ~ aovered by iuch claim or claims had been obtamd frozil' the o ~ ~petitionerp the court m~y, by order ~ed in the -aam,t: proceedial br_~_ lltp,mtthe ,,nnt"~ the petitioner oi the whole or ~part of ,the:: iiiil 10 ~tion w~~ the c~t b~ baa b8tid wrongfully obtained by ," tjl! pa~~~~~, ~ lieu of ~e pftent so revoked or is ucl~d~, by _~~irit~ :!", , " :'"<j"' ~ {2) wm-a aily·lueh order is passe4, the controller ihali, on re-r~~ by tlje petitioner made in the preacribed manner pat to 'be , "-i ;\(rf"i~i·(i)·'in"e~ses where the court permltstbe whol~ of ~ patent s , to be granted, a new patent bearing the same date and nujilber as the patent revoked; ~~t _~ __ ~~_-~l!!jfe _e~ p':rplits a part only of the --,, ,patent to be grant!!q, ~ new pat~dt for such part bearing the ame 20' , ~'date' as the :p8t~; ~ked 'and niunbered "in such manner , ':' as may be p~bed: ·~t , provided that the controller nuay as a condition of such f~t rec)pire the petitioner to flle a new ~d complete speculea-" tiolljq the sauafactioq o~the controller detcriung and claimt• ,25 ,~t part of~tbe inventlod for which the patent is to be p-adted (3)' no suit shall ,be brought 'for any infringement of a pabmt gr~tecl·under:,thi8 teetioncommitted before the actual date·on which ~uch pat:e~t was granted , i ~ ~ , , '," - , ~ - , '53 (1) subject to th~ provisions of this act, the term of every term' 30 patent· granted after' the commencement of this act shallpmtad ~ (a) in respect of an i,nvention claiming the method -~r pi'c?-cess, of manufacture of a substance, where the substance is ~ oded for use, or is capable of beina used, as food or as a medic~ or drug, be ten years fro~ ~e date of the patent; and 3s eb):' ,in res~ qf any other invention, be fourteen y~ fj;'opl ,the date of the patent (2) notwithstanding anything contained in the patents ,and 'deltgns act, 1911, or in the patent granted thereunder, the term of'every patent granted before the' commencement of this ·act in reapect ·of ~,an inv~tion claiming a substance or the method or procesi of manu-, jeture,jd~~f"wh the iubstadce is intended for qae,' ar is c,,ble of being \lied, 81 food or as medicine or drug shall be ten years from the date of the patent; ~videdthat _w'hf!re_at~the·commencement of this act any iucb pateat:is in force by reason of ,an extension granted under the act aforesaid, the patent shall cease to have effect on the expiration of 5 the period of such extension (3) a patent shall cease to have effect notwithstanding a!'lything therein or in this act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the pres-~ibed period or within that period as extended under this section 10 (4) the period prescribed for the payment of any renewal fee shall be extended to such period, not beilig~ore than three months longer than tbe prescribed period, as may be specified in a request made to the controller if the request is made and the renewal fee and the prescribed additional fee paid before the expiration of the period is so specified chapi'er ix patb1ft's or addmonpatents of addition 54 (1) subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in 20 or modification of an invention described or disclosed in the complete specification filedtherefor (in this ac'lreferred to as the 'main invention') and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the controller may, if the applicant so requests, grant the patent for the improve- 2s ment or modification as a patent of addition (2) subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for 30 the main invention, the controller may, if the patentee so requests, by order, revoke the patentfor the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the paten~ so revoked (3) a patent shall not be granted 85 a patent of addition' unless 3s the date of filing of the complete specification was the same as or later than the date of filing of the complete specification in respect of the main invention (4) a patent of addition shall not be sealed before the sealing of the pateut for the main invention; and if the period within which, 40 but for the provisions of this sub-section, a request for the re::\ling of a patent of adc:utlon co\1ld be made under section 43 expires befo~ the period within which a request for the sealing of the patent for the main invention may be so made, the request for the sealing of ~1!_~_patent_()f additio!!_ m--!ly_ he made at any time within the last mentioned period s 55 (1) a patent of addition shall be granted for a term equal termof to that of the patent for the main invention, or so much thereof as :;tentll has not expired, and shall remain in force during that term or addition until the previous cesser of the patent for the main invention and no longer: 10 provided that if the patent for the main invention is revoked under this act, the court, or, as the~case may be, the controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main in'v'ention is and thereupon the patent shall continue in force as an independent patent accordingly (2) no renewal fees shall be payable in respect of a patent of addition, but, if i!my such patent becomes an independent patent under sub-section (1), the same fees shall thereafter be payable, 20 upon the same dates, as if the patent had been origin811y granted as an independent patent 56 (1) the grant ofa patent of addition shall not be refused,and validity of a patent granted as a patent of addition shall not be revoked or p:~~ts of invalidated, on the ground only that the invention claimed in the a 110d 25 complete specification does not involve any inventive steps having regard to any publication or use of-(a) the main invention described in the complete specification relating thereto; or (b) any improvement in or modification of the main inven-30 tion described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a pawnt of addition; and the validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of ad 35 independent patent (2) for the removal of doubts it is hereby declared that in deterrnining the novelty of the invention claimed in the complete sp~cileation filed in pursuance of an application for a patent of addition regard shah be had also to the complete specification in which the: -to matn inven~i9n is desciibed, amendmqrf of spzclncationsamdd~----i" (1) subject to the provisions of section 59, the controller may, !nent of upon application made under this section in the prescribed manner ::::::f~~e by an applicant for a patent or by a patentee, allow the complete s controller specification to be amended subject to such conditions, if any, &s the controller thinks fit: amend· mentof lpeciftcation before high provided that the controller shall not pass any order allowing or refusing an application to amend a specification under this section while any suit before a court for the infringement of the patent or 10 any proceeding before the high csn-f0r the revocation of the patent is pending, whether the suit or proceeding commenced before or after the flling of the application to amend (z) every application for leave to amend a specification under this section shall state the nature of the proposed amendment, and shall is give full particulars of the reasons for which the application is made (3) every application for leave to amend a specification under this section made after the acceptance of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed manner 20 (4) where an application is advertised under subsection (3), any person interested mey, within the prescribed period after the advertisement thereof, give notice to the controller of opposition thereto; and where such a notice is given within the period aforesaid, the controller shall notify the person by whom the application under 2s this section is made and shall give to that per~on and to the oppo-· nent an opportunity to be heard before he decides the case (5) an amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim (6) the provisions of this section shall be without prejudice to 30 the right of an applicant for a patent to amend his specification to comply with the directions of the controller passed before the accept· ance of the codilplete specification ane in the course of proceedings in opposition to the grant of a patent 58 (1) in any proceeding before the high court for the revocation 3s of a patent, the high court may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such tenns as to costs, advertisement or otherwise, as the high court may think fit, and if in any proceed· ings for revocation the high court decides that the patent is invalid, 40 it may allow the specification to be amended under this section instead of revoking the patent (2) where an application for an order under this section is made ---to--thehigh court, the applicant shall give notice of the application to the controller, and the controller shall be entitled to appear and be heard, and shall appear if 80 directed -by the high court s (3) copies of all orders of the high court allowing the patentee to amend the speciftcation shall be transmitted by the high court to the controller who shall on receipt thereof cause an entry thereof and reference thereto to be made in the register 59 (1) no amendment of a complete specification shall be made supple-10 except by way of disdaimer, corieclion or explada- men~ tion, and no amendment thereof shan be allowed, except provwona for the purpose of correcting an obvious mistake, the effect of which :n:ndwould be that the specification as amended would claim or describe ment of matter not in substance disclosed in the specification before the speciflca-i s amendment, or that any claim of the specification as amended tion would not fall wholly within the scope of a claim of the specification before the amendment (2) where after the date of advertisement of acceptance of a complete specification, any amendment of the specification i~ allowed 20 by the controller or by the high court,-(a) the amendment shall for al'l purposes be deemed to fonn part of the specification; (b) the fact that the specification has been amended shall be advertised in the oftlcial gazette; and (c) the right of the applicant or patentee to make amendment shall not be called in question except on the groudd of fraud (3) in construing the specification as amended, reference 1t1ay be made to the specification as originally accepted - chaprer xi30 restoration of lapsed patents60 (1) where a patent has ceased to have effect by reason of applicafuilure to pay any renewal fee within the prescribed period or within tiona for that period as extended under sub-section (3) of section 53, and the r~~tora~n 3s controller is satisfied, upon application made within three years from ~at:~: the date on which the patent ceased to have effect, that the failure was unintentional and that no undue delay has occurred in the making or prosecution of the application, he shall, by order, restore the patent and any patent of adrlition specified in the application which 40 has ceased to have effect on the cesser of that patent (2) an application under this section may be made by the person who was the patentee or by his legal representative; and where the--patent was held by two or more persons jointly, the application may, with the leave of the controller, be made by one or more of them without joining the othel''; 5 (3) 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 10 procedure 11 (1) if, after hearing the applicant udder section 60 in cases for disposal where the applicant so desires or the controller thinks fit, the conol applica- troller is satisfied that a prima facie case has been made out for an tio=~on order under that sec~ion, he shall advertise the application in the ~~ lapsed prescribed manner; and within the prescribed period any person r s patents interested may give notice to the controller of opposition thereto on either or both of the following grounds, that is to 18,,-(4) that the failure to pay the renewal fee was not unintentional; or (b) that there has been undue delay in the making of the 0 application 2 (2) if notice of opposition is given within the period aforesaid the controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case (3) if no notice of opposition is given within the period aforesaid 2s or if in the case of opposition, the decision of the controljer is in favour of ~he applicant, the controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, make the order in accordance with the application (4) the controller may it he thinks fit as a cgddition of rest~ 30 ~ the patent, require ttlat an 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 'ri&hts of patentees of lapsed patents which have been restored 8% (1) where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other c; provisions as the controller thinks fit to impose for the protection or 3 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 patented, invention between the date when the patent ceased 'to have effect and the date of the order restoring the patent under this chapter (2) no suit or other proceeding shall be commenced or prosecuted in respect of an infringement of '1 patent committed between the date on which the patent ceased to have elfect and the-date -of the order restoring the patent chapter xii surrender and revocation of patents63 (1) a patentee may, at any time by giving notice in the pres- surrender cribed manner to the controller, offer to surrender his patent of patent (2) whel!e--such an offer is made, the controller shall advprtise the 10 offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent (3) any person interested may, within the prescribed period after such advertisement, give notice to the controller of opposition to the is surrender, and where any such notice is given the controller shall notify the patentee (4) if the' controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke 20 the patent --, , m (1) subject to the provisions contained in this act, a patent'r tl ' evoca on whether granted before or after the commencement of this act, of patents may, on the petition of any person interested or of the central government, be revoked by the high court on any of the following 25 grounds, that is to say-(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india; ~o - (b) that the patent was granted on the applicafion of a person d5't -entitled under the provisions of thb act to apply therefor: provided that a patent in force at the commencement of this act shall not be revoked on the ground that the applicant was 35 the communicatee or the importer of the invention in india and therefore not entitled to make an application for the grant of a patent under this act; (e) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through 40 whom he claims: (d> that the subject of any claim of ;he cclmplete sp~ciftcation is not _ an invel!tion ~!~!ll!l_--!h~_~~~,~f th~ ~; <e> that the invention so far as claimed in any claim of the complete specification is not new having regard to what was known or used in india before the priority date of the claim or s to what was published in india or elsewhere in any cjf the documents referred to in section 13; (1) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inven-, tive step, having regard to what was known or used in india 10 or what was published in india or elsewhere before the priority date of the claim; (g) that the invention, so far as claimed in any claim of the complete specification, is not useful; (h) that the complete specification does not sufficiently and is fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the comnletp specification are not by themselves suftlcient to enable a person in india possessing average skill in, and average 20 -bowledge of, the art, to which the invention relates, to -ork the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim protection; (i) that the scope of any claim of the complete specification 2s is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification; (j) that the patent was obtained on a false suggestion or representation; 30 ~ (k) that the subject of any claim of the complete sp~iftcation is not patentable under this act; (1) that the invention so far as claimed in any claim of the complete specification was secretly used in india, otherwise th~ as mentioned in sub-section (2), before the priority date 3s of the claim; (m) that the applicant for the patent has faued to disclose to the controller the information required by section 8 or has furnished information which in material particulars was false to his knowledge; (n) that the applicant contravened any direction for secrecy _ passed un~~~ __ !l~tio~ __ !!?_~e ,i!lad,e an application for the grant of a patent outside india in contravention of section 39; (0) that leave to amend the complete specification under s bection 57 or section 58 was obtained by fraud (2) for the purposes of clauses (e) and (f) of sub-section (lj-(4) no account shall be taken of secret use; and 10 (b) where the patent is for a process or for a product as made by a process described or claim'the importation into india of the product made abroad by that process shan constitute knowledge or use in india of the invention on the date of the importation (3) for the purposes of clause (1) of sub-section (1), no account shall be taken of any use of the invention-20 (a) for the purpose of reasonable trial or experiment only; ar : j ~1tif1l (b) by the government or by any person authorised by the government or by a government undertaking, in consequence of the applicant for-the patent or any p_son from whom he derives title having communicated or disclosed the invention directly or indirectly to the government or person authorised as aforesaid or to the government undertaking; or (c) by any other person, in consequence of the applicant for the patent or any person from whom he derlves title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title (4) without prejudice to the provisions contained in sub-section (1)', a patent may be ri!vpked by the high c!&urt on the petition of the central government, if the high court is satisfied that the 30 patentee has without reasonable cause failed to comply with the request of the central gqvernment to make, use or exercise the patented invention for the p~ases of government within the meaning of section 99 upon reasonable terms (5) a notice of any petition for revocation of a patent under this 35 section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therem and it shall not be necessary to serve a notice on any ochee person revocation _ is (1) where at any time after acceptance of a complete ipeci-_ of patendt --ftcation, -the central-government is satisfied that an application for m~m- - ment of a patent or a patent is fql' an invention relating to atoduc energy for complete which no patent can be granted under sub-section (1) of section 20 specificaof the atomic energy act, 1962, it may direct the controller to 5 33 of 1962 :t:c on refuse to proceed further with the application or to revoke the tiona from patent, as the case may be, and thereupon the controller, after central giving nqtice to the applicant or, as the case may be, to the patentee governand every other person -whose name has been entered in the register ment in as having an interest in the patent, and after giving them an oppor- 10 ~=:m, tunity of being heard, may refuse ta proceed further with -the to atomic application or may revoke the patent energy (2) in any proceedings under sub-section (1), the controller may allow the applicant for the patent or the patentee to amend the complete specification in such manner as he considers necessary 15 instead of :refusing to proceed with the application or revoking the patent i " i _ i ; - i _ ~ , llm-"':~ 68 where the central government is of opinion that a patent or the mode in which it is exercised is mischievous to the state or generally prejudicial to the public, it may, after giving the patentee 20 revocation of patent in public interest lid opportunity to be heard, make a declaration to that e1fect in the officlal gazette and -thereupon the paten_hall be deemed to be revoked - ' i ; : _'- ~-: ~ ---! ___ ~j chapter xiii register of patents 25 67 (1) there shall be kept at the patent office a register ot patents, wherein shall be entered-register of patents andparticulars to be entered therein (a) the names and addresses of grantees of patents; (b) notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, exten- 30 sions, and revocations of patents; and (c) particulars of such other d;lauers affecting the validity or proprietorship of patents as may be prescribed (2) no notice of any trust, whether express, implied or constructive, shall be entered in the register, and the controller shall not be 35 affected by any such notice (3) subject to the superintendence and direction of the central government, the register shall be kept under the control and management of the controller (4) for the il'emoval of doubts, it is hereby declared that the re- 40 girster of patents existing at the commencement of this act shall be incorporated in, and form part of, the register under this act 88 an assigimient of a patent or of a share in a patent, a mort- assign _ __ gagef-licence _or the creation of any other interest in a patent shall menta, not be valid unless the same were in writing and the agreement etc, not between the parties concerned is reduced to the form of a document to be ~ embodying all the terms and conditions governing their rights and valid j unless it obligations and the application for il'egistration of such document writin, is filed in the prescribed :menner with the controller within three and re· months, or within such further period not exceeding three months gfstered, in the aggregate as the controler on application made in the pres-10 cribed manner allows, from the execution thereof: provided that the document shau;\vhen registered, have effect from the date of its execution 69 (1) where any person becomes entitled by assignment, trans- re,istra mission or operation of law to a patent or to a share in a patent or tion of is b~omes entitled as a mortgagee, licensee or otherwise to any other assigninterest in u patent, he shall apply in writing in the prescribed menta, manner to the controller for the registration of his title or, as the :-:;~na case may be, of notice of his interest in the register etc' (2) vvithou~ prejudice to the provisions of sub-section (1) , an 20 application for the registration of the title of any person becoming entitled by assignment to a patent or a ware in a patent or becoming entitled by virt'ue of a mortgage, licence or other instrument to any other intel'est jn a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that in-2s strument, as the case may be, (3) where an application is made under this section for the registration of the title of any person the controller shall, upon proof of title to hi) satisfaction,-(a) where that person is entitled to a patent or a share in 30 a patent, register him in the register as proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument orevent by which he derives title; or (b) where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with par-3s ticulars of the instrument, if any, creating it: provided that where the validity of the transaction or transmission or of the mortgage, licence or other transaction referred to in sub-section (1) is in dispute between the parties, the controller may refuse to register the transmission, mortgage, licence or other 40 transaction until_ the rights of the parties have been determind by a competent court (4) there shall be supplied to the controller in the preseribed ---manner for· being 1ued in the patent _oftlce copies of all ajreementl, licences and other documents a1fecting the title to any patent or any licence thereunder authenticated in'the prescribed: manner and also such other documents as may be prescribed relevant to the subject-5 matter: provided that in the case of licences gmnted under a patent, the controller shall, if 80 requested by the patentee or lic~j take tep8 for securing that the terms of the licence are not disclosed to any person exeept under the order of a court 10 (5) except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the controller or by any court as evidence of the title of any person to a patent or to a share j s or interest therein unless the controller or the court, for reasons to be recorded in writing, otherwise directs power of re,istered grantee or proprietor to deal with patent 70 subject to the provisions contained in this act relating to coownership of patents and subjec~ also to any rights vested in £lny other person of which notice is entered in the register, the person or 20 persons registered as grantee or proprietor of a patent shall have power to-1t\ssign, grant licences under~ -or otherwise deal with, the, patent and to give effectual receipts for any consideration for any such assignment, licence or dealing: provided that any equities in respect of the patent may be en- 25 forced in like manner as in respect of any other movable property, 11 (1) the high court may, on the application of any persod aggrievedfrom the register of any (a) by the absence or omission entry; or recti1k tion of l'eliater by hi&h court 30 register without sufficient (b) by any entry made in the cause; or (c) by any entry wrongly remaining on the register; or (d) by any error or defect in any entry in the register; make such order for the making, variation or deletion, of any entry 35 therein as it may think fit (2) in any proceeding under this section the high court may decide any question that may be necessary or expedient to decide in connection with the rectification of the register (3) notice of any apprtcation to the high court under this lection 40 shall 'be given in the prescribed manner to the controller who hall be entitled to appear and be heard on the application, and 'hall ____ --"appearif_so directed_by the court (4) any order of the high court under this section rectifyin, the register shall direct that notice of the rectification shall be served 5 upon the controller in the prescribed: manner who shall upon receipt of such notice rectify the 1'egister accordingly 71 (1) subject to the provisions contained in this act and adj ~e::ter rules made th~reunder, the register shall at all convenient times be for m:::~ open to inspection by the public; and certified copies, sealed with the tion 10 seal of the patent office, of any entry in the regisrer shall be given to any person requiring them on payment of the prescrloed fee (2) the register shan be prima facie evidence of any matters required or authorised by or under this act to be entered therein chapter xiv patent offici!: and establishment'5 43 ot 1958 73 (1) the controller general of patents, designs a,nd trade controller marks appointed under sub-section (1) of section 4 of the trade and a~dother merchandise marks act, 1958, shall be the controller of patents for 0 cers the purpos'es of this act 20 (2) the central government -may appoint as man,- examiners and other officers and with such designations as it thinks fit for the purpose of discharging, under the superintendence and directions 'of the controller, such functions of the controller under this act as it may' from time to time authorise them to discharge 25 '1'- (1) for the purpose of this act there shall be established patent office which shall be known as the patent office oftlce and ita (2) the head office of the patent office shall be at such place as branche 'the central government may specify, and for the purpose of facilitating the registration of patents there may be established, at such 30 other places as the centra! govermnent may think fit,branc:h offices of the patent office (3) there shall be a seal of the patent oftice 75 all officers and employees of the patent office shall be in- restriccapable, during the period for which they hold their appointments, tiolu on 35 to acquire or take, directly or indirectly, except by inh~ritance or employee~ bequest, any right or interest in any patent issued by that oftlee o~pataent ou&ce s to richt or interelt inpatentl ot!lcer 18 an omcer or employee in the patent oftice sh:a1l not except -and·· --when required or authorised by this act or under a direction in employee writing of the central government or the controller or by order of not to furnish a cqurt,-information, etc (a) furnish information on a mat~r which is being or has , been, dealt with under this act or under the indian patents and designs act, 1911; or (b) prepare ar assist in the preparation of a document required or permitted by or under this act or under the indian patents and designs act, 1911, to be lodged in the paten~ office; 10 i of 1911 or (e) conduct a search in the records of the patent office chapter xv powers of controller generally77 (1) subject to any rules made in this behalf, the controller is in any proceedings before him under this act shall have the powers of a civil court while trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:-control!er to have certaill powerlof a civil court (a) lummoning and enforcing the attendance of any person and examining him on oath;' 20 (b) requiring the discovery and production of any docum'ent; (c) receiving evidence on affidavits; (d) issuilig commissions for the examination of witnesses or documents; 25 (e) awarding ~osts; in the (f) reviewing his own decision on application made prescribed manner; (g) setting aside orders passed ex parte; (h) any other matter which may be prescribed (2) any order for costs awarded by the controller in exercise of the powers conferred upon him under sub-section (1) shall be ~xecutable as a decree of a civil court 78 (1) without prejudice to the provisions contained in sections 57 and 59 as regards amendment of complete specifications filed in 3' pursuance of an application for a patent and subject to the provisions of section 44, the controller may in accordance with the powerot controller to correct clerical errol'l,etlc " provisions 01 this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such --application or in any application for a patent or any clerical error in any matter which is entered in the register s (2) a correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request (3) where the controller proposes to make any such correctlaa as aforesaid otherwise than in pursuance of a request made under 10 this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the--ease may be, and to any othej person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction (4) where a request is made under this section for the correction 15 of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the controller that the correction would materially alter the meaning or scope of the document to which the request relates and (lugbt not to be made without notice to persons affected thereby, he shall require 20 notice of the nature of the proposed correction to be advertised in the prescribed manner (5) within the prescribed time afte any such advertisement as' aforesaid any person interested may give notice to the controller of opposition to the request, and, where such notice of opposition ia 2s given, the controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case 79 subject to any rules made in this behalf, in any proceedida evidence under this act before the controller evidenc~ shall be given by h~w to be 30 affidavit in the absence of directions by the controller to the con- liven an~ trary, but in any case in which the controller thinks it right so to ~~:::l~er do, he may take pral evidence in lieu of, or in addition to, evidence in respect by affidavit, or roay anow any party~ be cross-examined on the thereof contents of his affidavit 35 80 without prejudice to any provision contained in this exercise act requiring the controller to hear any party to the proceedings of discrethereunder or to give any such party an opportunity to be heard, the tionary b controller shall give to any applicant for a patent, or for flmendment ~::::ll:r of a specification (if within the prescribed time the applicant so 40 requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the controller by or under this act 1361 b ls-8 djlpoal 81 where under the provisions of this act or the rules made there b! eontrol- under the controller may extend the time for doin, any act, dotbidi -rttr of intlifsact shall be deemed to require him to give notice to or hear ti lp:li!~-the party interested in opposing the extension, nor shall any ap~al o lor ii f " utenaion e rom any order of the controller grantmg such extension oftlm • chapter xvi working of patents, compulsory licences, licences of right and revocation82 in this chapter,-(a) "patented article" includes any article made by a patent- 10 ed process; and de4nitiolll ofupatenteel articles" and -patentee" (b) "patentee" includes an exclusive licensee general 83 without prejudice to the other provisions contained in thf8 prlneiples act, in exercising the powers conferred by this chapter, regard shall to·ppllc~~~~ be had to the following general considerations, namely,-15 wor of patented (a) that patents are granted to encourage inventions and to iuyentions secure that the inventions are worked in india on n commercial scale and to the fullest extent that is reasonably practicable without undue delay; and (b) that they are not granted merely to enable ljatentees to 20 enjoy a mon~poly for the importation of the patented article compulsory licences 84 (1) at any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the controller alleging that the reasonable requirements of the ,public with respect to the patented invention have not 25 been satisfied and praying for the grant of a compulsory licence to work the patented invenltion (2) an application under this section may be made by any person aotwjthstanding that he is already the holda' of a licence under the paient and no person shal'l be estopped from alleging that the reason- 30 able req,uirements of the public with respect to the patented inven tion are not satisfied by reason of any admission made by him, whether in stlch a licence or otherwise or by reason of his having accepted such a licence (3) every application under sub-section (1) shall contain a state- 35 ment setting out the nature of the applicant's interest together with 'such particulars as m1ay be prescribed and the facts upon which the application is based (4) in considering the application filed under this section the controller shall take into account the matters set out in section 85 --------(5) the controller, if satisfied that the reasonable requirement - of the public with respect to the patented invention have not beed 5 satisfied, may order the patentee to grant a licence upon such terms as he may deem fit (6) where the controller directs the patentee to grant a licence he may as incidental thereto exercise the powers set out in section 93 (7) the decision of the controller shall be subject to appeal to 10 the central government 20 6~ of 19~1 85 in determining whether or not to make an order in pursuance matter of an application filed under section 84, the controller shall 'take into to be taked' account:-into account (i) the nature of the invention, the :time which has elapsed in grantinj since the sealing of the patent and the measures already taken by c:ompulaory the patentee or any licensee to make full use of the invention; l1ceneea (ii) the ability of the applicant to work the invention to the public adwntage; (iii) where the invention relates to a scheduled industry within the meaning of the industries (develotynent and regulation) act, 1951, whether the applicant would be granted permission to work the invention, if a licence were granjted; (il1) the capacity of the applicant to undertake the risk fd providing capital and working the invention, if the appucation were granted; but shall not be required to take into account matters subsequent to the making of the application 86 (1) at any time after the expiration of three years from the endorsedate of the sealing of a patent, the central government may make an ment ot application to the controller for an order that the patent day be patent endorsed with the words ''f;icences of right" on-'the ground that the with ~o reasonable requirements of the public with respect to the patented !:rds invention have not been satisfied "licence (2) the controller, if satisfied that the reasonable requirements of of rilh1" the public with respect to the pa:tented invention have not been satta-~5 fled, may make an order that the patent be endorsed with the worda -''licences of right" (3) where a patent of addition is in force, any application made under this section for an endorsement either of the original patent or of the patent of addition shall be treated as an application for the _____ ~_ndorsement of both patents, and where a patent of addition is granted ~ in re&pect- of a patent which is already endorsed under this section, the paten~ of addition bhall also be so endorsed (4) all endorsements of patents made under this section shall be s entered in the register and published in the ofticial gazette and in such other manner as the controller thinks desirable for bringing the endorsement to the notice of manufacturers 87 (1) notwithstanding anything contained in this act,-(a) every patent in force at the commencement of this act in respect of inventions relating to-10 (i) substances used or capable of being used as food or as medicine or drug; eertain patents deemed to beendorsed with the word's ''licenees of right" (ii) the methods or processes for the manufacture or production of any such su'bstance as is referred to in subclause (i); is (iii) the methods or processes for the manufacture or production of chemical substances (including alloys, optical glass, semi-conductors and inter-metallic compounds); and (b) every pafent granted after the commencement of this 20 act in respect of any such invention as is referred to in subclauaes (ii) and (iii) of clause (a); shan be deemed to be endorsed with the words "licences of right", in the case of inventions referred to in clause (a), from the commencement of this act, and, in the case of inventions referred to in 2s clause (b), from the date of sealing of the patent (2) in respect of every patent which is deemed to be endorsed with the words "licences of right" under this section, the provisions of section 88 shall apply 88 (1) where a~atent has been endorsed with the words "licences 30 of right", any person who is interested in working the patented inven tion in india may require the patentee to grant him a licence for the purpose on such terms as may be mutually a,greed upon effect of endorsement of patent with the words "licences of right" (2) if the partia are unable to agree on the terms of the licence, either of them may apply in the prescribed manner to the controller 3s to settle the te'nns thereof (3) the controller shall, after giving notice to the parties and hearing them and after making such enquiry as he may deem fit, decide the terms on which the licence shall be granted by the patentee (4) the controller may at any time before the terms of the licence are mutually agreed upon or decided by the controller, on ----application-made to him in this behalf by any person who has made any such requisition as is referred to in sub-section (1), permit him 5 to work the patented invention on such terms as the controller may, pending agreement between the parties or decision by the controller, think fit to impose (5) in respect of every patent deemed to be endorsed with the words "licences of right" under sub-clause (i) or sub-clause (ii) of 10 clause (a) of sub-section (1) of section 87, whether the patent was granted before or after the commencement of this act, the royality and other remuneration reserved to the patentee under a licence grnnted to any person after such commencement shall in no case exceed four per cent of the net ex-factory sale price 15 in bulk of the patented article (exclusive of taxes levied under any law for the time being in force and any commissions payable) determined in such manner as may be prescribed (6) save as otherwise provided in sub-section (5), the provisions of sub-sections (1), (2), (4), (5) and (6) of section 93 (regarding 20 the powers of the controller) and of sections 94 and 95 shall apply to licences granted under this section as they apply to licences granted under section 84 89 (1) where, in 'respect of a patent, a compulsory licence has revocation been grimed or the endorsement "licences of right" has been made of patents 25 or is deemed to have been made, the central government or any per- ~y ~ 11 son interested may, after the expiration of two years from the date to~~o~- er of the order granting the first compulsory licence or, as the case may working be, the date of the endorsement, apply to the controller for an order revoking the patent on the ground that the reasonable requirements 30 of the public with respect to the patented invention have not been satisfied (2) every application under su'b-section (1) shall contain such particulars ·as may be prescribed and the facts upon which the appli-- cation is based, end~"l\n the case of an application other than by the 3s central' government, shal1 also set out the nature of the appucant's interest (3) the controller, if satisfied that the reasonable requirementt; of the public with respect to thep8ltented inventi(}n have not been satisfied, may make an order revoking the patent 40 90 for the purposes of sections 84, 86 and 89, the reasonable re- when quirements of the public shall be deemed not to have been satisfted- reasonable (a) if, by reason of the default of the patentee to manufacture :::~:f in india to an adequate extent and supply on reasonable terms the °the public patented article or a part of the patentpq article which is neces- deemed not latij-led sary for its efficient working or if, by reason of the refusal of the _____ patentee to gnmt a licence or licences on reasonable terms-(i) an existing trade or industry or the development thereof or the establishment of any new trade or industry in india or the trade or industry of any person or classes of per-5 sons trading or manufacturing in india is prejudiced; or (ii) the demand for the patented article is not being met to an adequate extent or on reasonable terms from manufacture in india; or (iii) a market for the export of the patented article 10 mnufactured in india is not being supplied or developed or such market capable of being created is not being created: or (iv) the establishment or development of commercial activities in india is prejudiced; or (b) if, by t"eason of conditions imposed by the patentee (whe- is ther before or after the commencement of this act) upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, the marufecture, use or sale of materials not protected by the patent, or the establishment or development of any trade or industry in india, is prejudiced; 20 or (c,- if the patented invention is not beinsg worked in india on a commercial scale to an adequate extent or is not being 10 worked to the fullest extent that is reasonably practicable; or (d) if the demand for the patented article in india is being 2' met to a substantial extent by importation from abroad by-(i) the patentee or persons claiming under him; or (ii) persons directly or indirectly purchasing fram him; or " ~---: (iii) other persons egainst whom the patentee is not ~u 30 ing or has not taken proceedings for infringement; or· fe) if the working of the patented inveilltion in india on a commercial scale is being prevented or hindered by the importa-"-tion from abroad of the patented article by the patentee or the other persons referred to in the preceding cieuse 3s power of 91 (1) where an application under section 84, section 86 or sec-controller tion 89, as the case may be, is made on the ground mentioned in clause to adjourn (e) of section 90 and the controller is satisfied that the time which applications for has elapsed since the sealing of the patent has for any reason been compulsory insufficient to enable the invention to be worked on a commercial 40 licences, scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practica}j'~, he may, by order, adjourn the further hearing of the application for such period etc, m not exceeding twelve months in the aggregate as appears to him to certain -- be su1bcient for the invention to be 80 worked caaes (2) no adjournment under sub-section (1) shall be ordered unless 5 the controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in india on a commercial scale and to an adequate extent (3) in computing the period of twelve months referred to in subsection (1) in any case where the patentee establishes that the reason 10 why a patented invention could not be worked or worked on a commercial scale to an adequ:eut,extent or worked to the fullest extent that is reasonably practicable before the date of the application was due to any state or central act or any rule or regulation made thereunder or any order of the government imposed otherwise than i s by way of a condition for the working of the invention in india or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery or apparatus, the period during which such act, rule or regulation or order of government preventing the working of the invention was in force 20 shall be excluded 9% (1) where the controller is satisfied, upon consideration of procedure an application under section 44, section 86 or section 89, that a prima for dealing facie case has been made out for the making of an order, he shall with applidirect the applicant to serve copies of the application upon the ~~~:~ec-2s patentee and any other person appearing from the register to be tiona 84, interested in the patent in respect of which the application is made, 88 and bi and shall advertise the application in the ofticial gazette (2) the patentee or any other person desiring to oppose the application may, within such time as may be prescribed or within 30 such further time as the controller may on application (made either before or after the expiration of the prescribed time) allow, give to the controller notice of opposition (3) any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed (4) where any such notice of opposition is duly given, the con-35 troller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case 93 (1) where the controller is satisfied on application made powers of under section 84 that the manufacture, use or sale of materials not controller an protected by the patent is prejudiced by reason of conditiona imposed in gr~?,~ ~ ~mp~o~ by the patentee upon the grant of licences under the patent, or upon jifledces the purcha3e, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences _under the patent to such customers of the applicant as he thinks 11t_ as well as to the applicant (2) where an application under section 84 is made ·by a person 5 being the holder of a licence under the patent, the controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended 10 (3) where on an ap~ion made under section 84 of the control-, ler orders the grant of a licence, he may direct that the licence shell operate-(a) to deprive the patentee of any right which he may have as patentee to make, use, exercise or vend the invention or to 15 grant licences under the patent; (b) to revoke all existing licences in respect of the invention (4) where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable 20 requirements of the public have not been satisfied with respect to some only of the said patekts, then, if the controller is satisfied that the applicant cannot efficiently or 91tisfactorily work· the licence granted to him under those patents without infringing the other patents held by the patentee, he may, by order, direct the grant of a 25 licence in respect of the other patents also to enable the licensee to work the patent or patents in regard to which a licence is granted under section 84 (5) where the terms and conditions of a licence have been settled by the controller, an application may be made to the controller by 30 the licensee for the revision of the terms on the ground that the terms settled have proved to be more onerous than originally expected and that in conseqttence thereof the licensee is unable to work the invention except at a loss: provided that no such application shall be entertained,-35 (a) unless the licensee has worked the ,invention on a commercial scale for a period of at least twelve months, or (b) a second time (6) the decision of the controller shall be subject to appeal to the central government m the powers of the controller upon an application made under genera! section 84 3hall be exercised with a view to securing the following purpose ---general purposes, that is to say,-for jl'antm, 5 (4) tmtt patented inventions are worked on a commercial ~omp1hsory scale in india without undue delay and to the fullest extent that hcences is reasonably practicable; (b) that the interests of any pel'bon for the time being working or developing an invention in india under the protection of a patent are not unfairly prejudiced lois (1) in aettling the terms and conditions of a iicetletl'!!t_4h1der terms and 15 section 84,· the controller shall endeavour to secureconditiona olcom-(i) that the royalty and other remuneration, if any, reserved pulsory to the patentee or other person beneficially entitled to the patent, licences is reasonable, having regard to the nature of the invention, the expenditure incurred by the ,patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; 20 (n) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles -are made available to the public at reasonable prices (2) no licence granted by the controller shall authorise the licensee to import the patented article or an article 01' substance 2s lnade by a patented process trom abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee (3) notwithstanding anything contained in sub-section l (2), the central government may, if in its opinion it fa necessary 80 to do 30 in the public interest, direct the controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad (subject to such conditions as it considen necessary to impose relati~ among other matters to the quantum of import, the sale price of 35 the imported article, and the period of importation), and thereupon the controller shall give effect to the directions , 96 (1) notwithstanding anything contained in the other provi- liceluinl sions of this chapter, at any time after the sealing of a patent, any of related person who has the right to work any other patented invention either patents 40 as patentee or as licensee thereof, exclusive or otherwise, may apply 1261 (b) ls--i to the controller for the grant of a licence of the flrsi mentioned pj~~gj_on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to ihe best advantage possible-(2) no order under sub-section (1) shall be made unless the con-5 troller is satisfied that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they 80 desire of, a licence in respect of the other invention on reasonable terms (3) when the controller is satisfied that the conditions mentioned in sub-section (1) have been established by the -applicant, i:le:l!\ay 10 make an order on such tenns as he thinks fit granting a licence under the first mentiqned patent and a similar order under the other patent if so requested by the proprietor of the first mentioned patent or his licensee -(4) the provisions of sections 92 and 110 shall apply to licences is granted under this section as they apply to licences granted under section 84 (5) the decision of ,the controller shall be subject to appeal to the central government 97- (1) if the central government is satisfied in respect of ~y 20 patent or class of patents in force that it is necess&ty or expedie~ in the public interest that compulsory 'licences should be granted at any time after the sealing thereof to work the invention or inventions, it may make a declaration to that effect in theoftlcial gazette, and thereupon the following provisions shall have effect, that is~o 25 say-special provision for compulsory licences on noti1lcation by central government (i) the controller shall on application made at any time after the notification by any person interested grant ~o the applicant a licence under the patent on such terms as he thinks fit; (ii) in settling the terms of a licence gi-anted under this sec- 30 tion, the controller shall endeavour to secure thai the articles manufactured under the patent shall be available to the public at the lowest"rices consistent with the patentees deriving a reasc)]iable advantage from their patent rights (2) the provisions of sections 92, 93, 94 and 95 shall apply in reo- 35 lation to the grant of licences under this section as they ilpply in relation to the grant of licences under section 84 (3) the decision of the controller shall be subject to appeal to the central government -- 98 any or~er for the grant of a licence under this chapter shall order ____ ~perate as if it were a d~ granting a licence executed by _ '_the for __ patentee and all other _ necessary parties embodyiq the terms add licence conditions, if any, settled by the controller to operate as a deed between parties concerned 5 chapter xvii use of inventions for purposes of government a-1'ild acq uisition of inventions by central government99 (1) for the purposes of this chapter, an invention is said to meaning be used for the purposes of government if it is made, used, exercised of use of 10 or vended for the purposes of the central government, a state gov- invention, ernmentor a government undertaking or any other undertaking in for purr- poses 0 a class or classes of mdustrles which the central government, havmg governregard to the interests of the general public may notify in this behalf ment in the official gazette 15 (2) nothing contained in this chapter shall apply in the case of any such use of an invention as is deemed not to constitute an infringement of the patentee's rights under section 48 and under which no royalty or other remunera~icn is payable to the patentee 100 (1) notwiths~ding anything contained in this ,act, at any power of 20 time after an application for a patent has been filed at the pat~t central office or a patent has been granted, the central government and any governperson authorised in writing by it, may make, use, exercise or vend ment to the invention for the purposes of government in accordance with the :~f:-;nprovisions of this chapter purposes (2) where an invention has, before the priority date of the rele- of govern 25 vant claim of the complete specification, been duly recorded in a ment document, or te;ted or tried, by or on behalf of the government or a government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee 30 or by a person from whom he derives title, any use of the invention for the purposes of government may be made free of any royalty or other remuneration to the patentee (3) if and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the central government or any person 6uthorised by it under sub-sectiod (1), 35 at any t~e after the acceptance of the complete specification in respect of the patent or til consequence of any such communjcation u aforesaid, shall be made upon terms as may be ~greed upon either before or after the use, between the central government or any person authorised under sub-section (1) and the patentee, o~, ~s mal in default of agreement be determined by the high court on a reference under section 103 (4) the authorisation by the central government in respect of an 5 invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend- the inven- 10 tion (5) where an invention has been made, used, exercised or vended by or with the authority of the central government for the purposes of government under this section, then, unless it appears to the government that it would be contrary to the public interest so to do, 15 the government shall notify the patentee as soon as practicable after the use has begun and furnish him with such information as to the extent of the making, use, exercise or vending of the invention as he may, from time to time, reasonably require; and where the ule of the invention has been for the purposes of a government undertaking 20 or an undertaking in a class or claases of industries notified by the central government under section 99, the central! government may call for such information as may be necessary for this purpose from such undertaking (6) the right to make, use, exercise and vend an invention for the 25 purposes ot government under sub-eection (1) shall include the right to sell the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the central government or the person authorised under sub-sect1on (1) were the patentee of 30 the invention (7) where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee 8i is referred to in sub-sectlon (3) of section 101, or where such patent baa been assigned to the patentee in consideration of royalties or other 3s benefits detennined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor as the case may be, and the reference to the patentee in sub-section (3) shall be deemed' to include a reference to 40 such assignor or exclutlive licensee ' 101 (1) in relation to any use of a ~tented invention, or an m- rights ot ventton in respect of which an application tor a patent is pending, third made for the purposes of government----parties if respect 0 (4) by the central government or any 1"iiiipel~io"!d authorised by use of 5 the central government under aecticm 100; or inventiol (b) by the patentee or applicant tor the patent to the order for purmade by the central government, peooses of vernthe provisions of any licence, assignment or agreement granted or menl made, whether before or after the commencemedt of this aot, bet-10 ween the patentee or applicant for the patent (or any person who derives title from him or :bom whcm he derives title) add &ipj person other than the central government shall be of no effect 10 far as those provisiol'l&-(i) restrict or regulate the use for the purposes of government of the invention, or of any model, document or information relating thereto, or (ii) provide for the making of payments in respect of any use of the invention or of the model, document or information relating thereto for the purposes of government (tncluding payments by way of minimum royalty); and the reproduction or publication of any model or document in connection with the said use for the pw'puses of government shall not be deemed to be an infringement of any copyright subsisting in the model or document 25 (2) where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference til the use of the invention (including payments by way of minimum royalty) j then, in relation to any use of the invention made for the purposes of gov-30 emment by the p~tentee to the order of the central government, lrib-section (3) of section 100 shall have ef!ect as it tmt uiie were made by virtue of an authority given under that section; 'lncl any use of the invention for the purposes of government by virtue of sub-section (3) of that section shall have effect as if the reference 35 to the patentee included a reference to the a~signor of the patent, and any sum payable by virtue of that sub-section shall be divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the high court on a reference under sec:tion 103 40 (3) where by virtue of sub-section (3) of section 100, payments are reql$'ed to be made by the central government or persons authorised under sub-bection (1) of that section in respect of the use of an invention for the purposes of government and where in r~spect of such pfltent t4ere is a1:1 ex~lusive licensee ~uthorised under ~s licence to use th~' lnventi9n for the purpos(~s of goveri)men~ such sum shall be shared by the ,patentee and sugh ijcel)see in '~uch-proportions, if a~7, as may be agreed upon betweekl them or ns may in default of agreement be determined by the high court 011 a s reference under section 103 to be just, having regard to any expenditure incurred by the licensee-(a) in developing the said invention; of (b) in making payments to the patentees other than royalties or other benefits determined by refell'nee to' the use of ~h'e i 0 invention, including paym~nts by way vfminimum royalty in i consideration of the licence acquisi-102 (1) the central government may, if satisfied that it ta non of necessary that an invention which is the subject of an application inventions for a' patent or a patent should be acquired from the applicant or is :~::tentl the patentee for a public purpose, publish a notification to that central effect in the official gazette, and thereupon the invention or patent governand all rights in respect of the invention or pat~nt shall, by force ment of this section, stand transferred to and be vested in the central government 20 (2) notice of the acquisition shall be giv~ll to the applicant, and, where a patent ha-s been granted, to the patentee and other persons, if any, appearing in the register as having djll interest in the patent (3) the central government shall pay to the applicant, or, as the case may be, the patentee and other persolls iippearing on the 2s register as having an interest in the patent such compensation as may be agreed upon between the central 'government and the applicant, or the patentee and other persons; or, as may be in default of agreement, be determined by the high court on a reference under section 103 to be just having regard to the expenditure in- 30 curred in conection with the invention and, in the c9se of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made €iuring such period by the patentee or ~y his licensee whetlier exclusive or otherwise) and other relevant factors:' 3s 103 (1) &;1y dispute as to the exercise by the central government or a person authorised by it of the powers conferred by 8ection 100, or as to terms for the use of an invention for the purposes of government thereunder or as to the right of any person to 40 receive any part of a payment made' in pursuance of sub-section (3) of that section or as to the amount of compensaticn payable for the asquisition of an ill:vention or a patent under section 102, mey be reference to high court of disputes as to use for purpose$ of govern- mente referred to the high court by either party to the dispute in such manner as may be prescribed by the rules of the high court (2) in any proceedings under this section to wnich the central government is a party, the central government may--- ,0 " s (4) if the patentee is a party to the proceedings, petitlon by way of counter-claim for revocation of the patent on any ground upon which a patem may be revoked under section 64; and (b) whether a patentee is or is not a party to the proceed-10 ings, put ,in issue, the validity of the r::t~:cnt without petitionini for its revocation ' , , (3) if in sud! proceedings as aforesaid ally question arises \vhether ,an invention has been recorded, tested or tried as is dl'entioned in section 100, and the disclosure of any documentregardin, the is invention, or' of any evidence of the test or trial thereof ' would, in the opinion of the central government, be prej udicial to the public interest, the disclosure may be made confidentially to the advocate of the other party or to an indepprdc~t expert mutu&l1y agreed upon 20 (4) in determining under this section any dispute between the central government and any person as to tc"rms for the use of an invention for the purposes of government, the high court shall have regard to any benefit or compensation which that person or any person from whom he derives title, may have received, or may 2s be entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of government (5) in any proceedings under this section, the high court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official refree, commis-30 si9~er or an arbitrator on such terms as th(> high coq,r't may direct, and references to the high court in the foregoing provisions of this section shall be construed accordingly (6) where the invention claimed in a patent was made by a person who at the time it was made was in the service of the central 3s government or of a state government or was an employee of a government undertaking and the subject-matter of the invention is certified by the relevant government or the principal ofbcer of the government undertaking to be connected with the work done in the course of the normal duties, of the government servant or employee of the government undertaking, then, notwithstanding anything contained in this section, any dispute of the nature referred to in subsection (1) relating to the invention shall be disposed of by- the ------- ----central government conformably to the provisions of this section so far as may be applicable, but -before doing 80 the central govern-s meat aball give an opportunity to the patentee and aach other parties as it considers have an interest in the matter to be heard chapter xviii st1l'1's concauting dji'itihgkmmt or patdtsj-urisdiction 104 no suit for a declaration under section 105 or for any relief 10 udder 18cti0d 106 or for infringement of a patedt shall be maututecl in any court inferior to a district court having jurisdiction to try the suit power of court to make declaration as to noninfrin,ement los (1) notwithstanding anything contained in section 34 of the specific relief act, 1963, any person may institute a suit for a declara- is n of 1963 tion that the use by him of any process, or the making, use or sale of any article by him, does dot, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made 'by the patentee or the licensee, if it 2 is shown-(a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question: and 2s (b) that the patentee or licensee has refused or neglected to give such ad acknowledgment (2) the costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks it to order otherwise; be paid by the plaintift 30 (3) the validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue 9f this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid -35 (4) a suit for a declaration may -be brought by virtue of this section at any time after the date of advertisement of acceptance of the complete &peei1lca1ioll of a patent, and references in thls sectloil to the patentee shall be construed accordingly 101 (1) where any person (whether entitled to or interested in l'ower of a patent or an application for a patent or not) threatens any other cou~_~_--, person ·by circulars or advertisements or by communications, oral or :::f in in writing, addressed to that or any other person, with proceedings cases ot 5 for ~gep1ent of a patent, any person aggrieved thereby may bring li'oundless a suit against him praying for the following reliefs, that is to say- thr~ats of ·infrmge-(4) a declaration to the effect that the threats are unjustift- mgt proable; ceedings (b) an injunction against the continuance of the threats; and 10 :-=---(c) such damages, if any, as he has sustained thereby (2) unless in s:uch suit the defendant proves that the ac~s in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of 15 the specification not shown by the plaintiff to be invalid, the court may grant to the plaidtiff all or any of the reliefs prayed for expla7l4tion-a mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section 2~i07 in any suit for infringement of a patent, every ground on ~efe~ees which it may be revoked under section 64 shall be available as a fm s~l1ts ormground for defence fringement 108 the reliefs which a court may grant in any suit for in- reliefs fringement include an injunction (subject to such terms, if any, as in suits 2s the court thinks fit) and, at the option of the plaintiff, either damages fo~ inor an account of profits frin,ement 109 (1) the holder of an exclusive licence shall have the like right rightof as the patentee to institute a suit in respect of any infringement of exclusive the patent committ~d after the date of the licence, and in awarding licensee 30 damages or an account of profits or grant~g a~y other relief in any t~~_ sacb -suit the court shall take mto consideration any loss slmered ~gs or likely to be suffered by the exclusive licensee as such or, as the against case may be, the profits earned by means of the infringement so far infringeas it constitutes an infringement of the rights of the exclusive ment 3s licensee as such (2) in any suit for infringement of a patent by the holder of an exclusive licence under sub-section (1), the pa ten tee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless 40 he enters an appearance and takes part in the proceedings 1261 (b) ls-io 110 any person to whom a licence has been granted udder section 84 shall be entitled to call upon the patentee to take p~oceedings to prevent any infringement of the patent, and, if the patentee refuses----or neglects to do so within two months after being 80 called upon, the lkwlsee may institute proceedings for the idfringemmt in ht 0 5 dame as though he were the patentee, making the patentee - defed· ' dadt; but a patentee 80 added as c:le:fendant shal1 not be liable for any coats unless he enters an appearance and takes part in the proceedings rip' • f licensee under section mto take proceedinca apinat intrinaemeat w (1) in - su1t for idfringement of a patent dam or an 10 account of profits shall not be granted against the defendadt who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed beatric-uim on powerot court to il'8dt d8~ or account ofproftts tor mtrfdce jdent explanation-' a person shall not be deemed to have been aware or t(\ have had reasonable grounds for' believing that a patent exists 15 by reason only of the application to an article of the word 'patent', 'patented' or any word or words expressing or implying that a patent has been obtained for the article,unless the number of the patent aecompanies the word_ words in question (2) in any suit for infringement of a patent the court may, if it 20 thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a fallure to pay any renewal fee within the prescribed period and before any extension of that period (3) where an amendment of a specification by way of disclaimer, 25 correction or explanation has been allowed under this act after the publication of the specification, no damages or account of profits shall be granted in any proceeding in respect of the use of the invention before the date of thii decision allowing the amendment, unless the court is satisfied that the specification as onginally publish~ was 30 framed in good faith and with reasonable skill and knowledge restrictionon power of court (4) nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent 112 if in proceedings for the infringement of a patent endorsed or deemed to be endorsed with the words "licences of right" (otherwise 35 than t>y the importation of the patentled article from other countries) the infringing defendant is ready and willing to take a licence upon terms to be 'settled by the controller as provided in section 88, no injunction shall be granted against him, and the amount (if any) to recoverable against him by way of damages shan not exceed double grant u1e ~ount which would have been recoverable apinat him as-'licen-:-:~:~--'-' if such a 1icedce had hem jl"idteq beb:e the earlieat idfdnie- certain s ment cases 113 (l) u in any pr~ings before a high court for the revoca- certiftcate tion of a patent under section 64 the validity of any claim of a speci- of va1id~ty fication is contested and that claim is found by the court to be valid, ft~:t::::ncl the cou~ may certify that the validity of that claim was contested cests of 10 in those proceedings and was upheld ~ , subsequent suits tor (2) where any such certificate has been granted, then, if in any =~gesubsequent suit before a court for infringement of that claim of the thereof patent or in any subsequent proceeding for revocation of the patent in so far as it relates to that claim, the patentee or other person rely-is ing on the validity of the claim obtains a final order or judgment in his favour, he shall be entitled to an order for the payment 'of his full cobts~ charges and expenses of and incidental to any such suit or proceeding properly incurred so far as they concern the claim in respect of which the certificate was granted, unless the court trying 20 the, suit or proceeding otheawise directs: provided that the costs as'specified in this sub-section shall not be ordered when the party disputing the validity of the claim satisfies the court that he was not aware of the grant of the certificate when h8 raised·the dispute ·and withdrew forthwith such defence when he 2s became aware of such a certificate (;j) nothinl contained in this section shall 1?e ,construed as authorising courts hearing appeals from decrees or orders in suits for: infridgement ~r petitions for revocation to pass orders for costs on the scale referred to tberein " , 30 11-' (1) if in proceedings for infringement of a patent it is found relief for that any claim of the specification, being a claim in respect of which infringeinfringement is alleged,' is valid, but that any other claim is' invalid, men~ ot the court may grant relief in respect of any valid claim which is ~::a1lt infringed: ipec:iftca- ~ -,' '~provide~:that ,~ c~ hall not gr~t rellef ex~t by 'way of s injunction save in the circumstances mentioned in 81:1b-section (2) (2) where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall gr~t relief in respect of any valid claim which- is infringedsubject----to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in s exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to rematn there scienwk: 115 (1) in any suit for inpinlemeat or in any proceedinl' before advisers a court under this act, the court may at any time, and whether or dot 10 an appucation has ~"lbade by any party for that purpose, appoint an independent scientific adviser to assist the court or to inquire and report upon any such question of fact or of opinion (not involvidl' a question or interpretation cd law) as it may formulate for the purpose is (2) the remuneration of the scientific adviser shall be fixed by the court and shan include the costs of makinl' a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the coullt, and such remuneration shall be defrayed out of moneys provided by parliament by law for the purpose 20 appeal 116 (1) no appeal shall lie from any decision, order or direction made or issued under this act by the central government, or from any act or order of the controller for the purpose of giving 2s e1fect to any such decision, order or direction (2) save as otherwise expressly provided in sub-section (1), an appeal shall lle to a high court from any decfslon, order or dfrection of the controller under any of the following provfalons, that is to say, 30 section 15, section 16, section 17, section 18, section 19, section 20, section 25, section 27, section 28, section 51, section 54, section 57, section 60, section 61, section 63, sub-section (5) of section 69, section 78, section 86 and section 89 (3) every appe!ll under this section shall be in writing and 3s shall be made within three months from the date of the decllsion, order or direction, as the case may be, of the controller, or within iuch further time· as the high court may in aceordance with the rules made by it under section 158 allow 117 (1) every appeal before a high court under section 116 procedure ,shall be by petition and shall be in such form and shall contain such for hearparticulars as may be prescribed by rules made by the high-court· ing of ---under section 158 appeals 5 (2) every such appeal shall be heard by a single judge of the hi~h court: 1 provided that any such judge may, if he so thinks fit, refer the appeal, at any stage of the proceeding to a bench of the high court 'i (3) where an appeal is heard by a single judge, a further appeal 10 shall lie· to a bench of the hislef:eurt chapi'er xx pbnaltibs118 if any person fails to comply with any direction given under contravensection 35 or makes or causes to be made an application for the grant tiod of ' :' 15 of a patent in contravention of ~~ction 39, he shall be punishable with se~ imprisonment for a term which may extend· to two years, or with ~:~tin;di fine, or with both: 'to certain dnventions 119 if any person makes, or causes to be made, a false entry in falaiftcaany registet'kept under this act,-'wr a writing falsely purporting to tioi\ of 20 be a copy of an entry in such a register, or produces or tenders, or en:: in causes to be produced or tendered, in evidence any such writing ~:c r, knowing the entry or writing to be f~se, he shall be punisha,ble with imprisonment for a term which may extend to two years, or with fine, or with both' 25 120 if any person falsely represents that any article sold by him unauth~ is patented in india or is the subject of an application for a patent in med cl~ ~dia, he"shall be punish~ble ,with fine which may extend to five ~:gt~~t·( hundred rupees " , ~-explanation 1-for the purposes of this section, a person shall be 30' deemed to represenr-35 (a) that an article is patented in india if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in india; (b) that an, article is the subject of an application for a patent in india, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in india explanation 2-the use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied "for--shall·be deemed to refer to a patent in force in india, or to a pending application for a patent in india, as the case may be, unless there is 5 an accompanying indication that the patent has been obtained or applied for in any country outside india wronaful ueot worda -patent oftlc 121 if any person uses on his place of business or any document issued by him or otherwise the words "patent ofjlce" or any other words which would reasonably lead to the belief that his place of 10 business is, or is officially connected with, the patent ofbce, he ~all be punishable with--'tmprisonment for a term which may extend to six months, or with fine, or with both 122 (1) if any person refuses or fails to furnish-| refusal ||------------|| failure to || supply |(a) to the central government any information which he is required to furnish under sub-section (5) of section 100, 15 informa~ tion (b) to the controller any information or statement which he is required to furnish under section 146, he shall be punishable with fine which may extend to one thousand rupees 20 (2) if any person, ':being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not ·believe to be true, he shall be punishable with imprisonment which 'may extend to six months, or woith fine, or with both 25 1z3 if any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to five hundred rupees in the cue of a first o1fence and two thousand rupees in the case of a second or subsequent offence ,practice by nonrejutered patent agents lh (1) if the perso~ committing an offence under this act is a 30 offences by companiet company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 35 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 di~gence tc? prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has heen committeq -with-the------consent or connivance of, or that the commission of the offence is s atttibutable to any neglect on the part of any director, manager, secretary or other officer of the company, sllch director, manager, sec:retary or other officer shan also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly 10 explanation-for the purposes of this section,-(4) "company" ~-wns any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm chapter xxi patent agents125 the controller shall maintain a register to be called the regis- register ter of patent agents in which shall be entered the names and addres- of patent ses of all persons qualified to have their names so entered under aged" 20 section 126 126 a person shall be qualified to have his name entered in the quawlcaregister of patent agents if he fulfil~ the following conditions, tiona tor namelyre~ , tion u (a) he is a citizen of india: provided that this clause shall patent not apply to a person not a citizen of india who possesses the apnts_ qualifications specified in sub-clause (iii) of clause (c); 3s (b) he has completed the age of 21 years; (c) he has obtained a degree in physical science or engineering from any university in the territory of india or possesses such other equivalent scientific or technical qualifications as the central government may speciofy in this behalf, and, in addition,-(i) is an advocate within the meaning of the advocates act, 196~; or (ii) has passed the qualifying examination prescribed for the purpose; or (iii) has been practising as a patent agent for a period of not less than five years before the commencement of this act and has filed not less than twenty complete specifications during that period; or (iv) has served in the oftice of the controller as an examiner of patents or in aj:ly _ hjgher capacity for a period of not less than seven years: -provided that he had not exercjsed the functions of - hearing ofbcer for a period exc'!eding twelve months in au s during his tenure of 'oftice; (d) he has paid such ,fee as may be prescribed uhts ot patent a,ents 121 subject to the provisions contained in this act and in any rules made thereunder, evei117trt:»atent agent whose name is entered in the register shall be entitled-10 (a) to practise before the controller; and (b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the controller under this act 128 (1) subject to the provisions contained in sub-section (2) is and to any rules made under this act, all applications and communications to the controller under this act may be signed by a patent agent authorised in writing in this behalf by the person concerned sub8criptlonand veri1lc:atlonof certaln documents by patent agents ' (2) the following documents, namely,-20 (i) applications for patents; (ii) applications for the restoration of lapsed patents; (iii) applications for the sealing of patents after the time allowed for that purpose by or under sub-section (2) of section 43 has expired; 2s -''(iv) applications for leave to amend; (v) applications for compulsory licences or for revocation; and (vi) notices of surrender of patents shall be' signed and verified in the manner prescribed by the person 30 making such applications or giving such notices: provided that if such person is absent from india, they may be signed and verified on his behalf by a patent agent authorised by him in writing in that behalf lh (1) no person, either alone or in partnership with any other restricperson, shall practise, describe or hold himself -out as a patent agent,· tions on ---:jr permit himself to be so described or held out, unless he is regis- practice tered as patent as a patent agent or, as the case may de, unless he 8nd all his agents s partners are so registered (2) no company or other body corporate sh::th prac1:ise, describe itself or hold itself out as patent agents or permit itself to be so described or held out explanation-for the purposes of this section, practise as patent lo';;c~,,"lit includes any of the following acts, namely:-(a) applying for or obtaining patents in india or elsewhere; (b) preparing specifications or other documents for the purposes of this act or of the patent law of any other country; (e) giving advice other than of a scientific or technical na-i, ture as to the validity of patents or their infringement 130 (1) the central government may remove the name of any removal perron from the register when it is satisfied, after giving that person tro~ a reasonable opportunity of being heard and after such further in- re~~ of quiry, if any, as it thinks flt to make-!:nts and alto-~o (i) that his name has been entered in the register by error or ration on account of misrepresentation or suppression of material fact; (ii) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in i his professional capacity which in the opinion of the central '-s government renders him unfit to be kept in the register ~ (2) the central government may, on application and on stdlicient cause being shown restore to the register the name of any person removed therefrom 131 (1) subject to any rules made in this beh!llf, the controller power of may refuse to recognise as agent in respect of any business under this cont;?~er ~ ~~~ '\ct-~deal (a) any individual whose name has been removed from, end wi~ not restored to, the register, or who is for the time being sus- :;:nts pended from acting as a patent agent; 1261 (b) ls-ll (b) any person who has been convicted of an offenee under section 123; ------_ -----_ __ - (c) any person, not being registered as a patent agent, who in the opinion of the controller is engaged wholly or mainly in acting as agent in applying for patents in india or elsewhere in s the name or for the benefit of the person by whom he is employed; (d) any company or firm, if any person whqill the controller could refuse to recognise as agent in respect of any business under this act, is acting as a director or manager of the company or is a partner in the firm 10 (2) the controller sha1t"11!fuse to recognise as agent in respect of any business under this act any person who neither resides nor has a place of business in india 132 nothing in this chapter shall be deemed to prohibit-(a) the applicant for a patent or any person, not being a 15 patent agent, who is dulyeuthorised by the applicant from drafting any specification or appearing or aoting' before the controlle~; or savings in respect of other persons authorised to act as agents (b) an advoc~te, not being a patent agent, from ,taking part in any proceedings under this act otherwise than by way of draft- 20 ing·· any specification chapter xxii international arrangementsnotification as to convention countries 30 133 (1) with a view to the fulfilment of a treaty, convention or arrangement with any country outside india which affords to appli- 25 cants for patents in india or to· citizens of india similar privileges as are granted to its own citizens in respect of the grant of patents end the protection of patent rights, the central government may, by notification in the offtcial gazette, declare such eountry to be a een~tion country for the purposes of this act (2) a declaration under sub-section (1) may be made for the pur poses either of all or of some only of the provisions of this act,· and a country in the case of which a declaration made for the purposes of some only of the provisions of this act is in force shall be deemed to be a conventdon country for the purposes of those provisions only notiftes-134 where any country specified by the central government m tion al to this behalf by notification in the official gazette does not accord to countrlel citizens of india the same rights in respect of the grant of pltents and ~tpro; vldmglor the protection of patent rights as it accor~ to its own nationals, ;qo reciprocity national of such couiltry ~hall be entitled, either solely or jointly with any other person,-__ __ __ s (a) to apply for the grant of a patent or be-registerecfu the proprietor of a patent; (b) to be registered as the assignee of the proprietor of a patent; or (e) to apply for a licence or hold any licence under a patent granted under this act 135 (1) without prejudice to the provisions contained in section tonvent1on 10 6, where a person has made an application for a patent in resped of appliea an invention in a convention country -(hereinafter referred to as the tiona "basic application"), and that person or the legal representative or assignee of that person makes an application under this act for a patent within twelve months after the date on which the basic ap-is pucation was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application expzanation~ere applications have -been made for similar protection in respect of an invention in two or more convention 20 countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made (2) where applications for protection have been made in one or more convention countries in respect of two or more inventions 2s which are coguate or of which one is a modiflcation of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection: 30 provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the -said inventions, and the requirements of clause (b) of ~b-section (1) of secwon 136 shall', in the case of any such application, apply sepamtely to the applications for protection 35 m respect of each of the said inventions 136 (1) every convention application shall-special (a) be accompanied by a complete specification; and provisions-40 (b) specify the date on which and the convention country relatingto 1· ti fi te ti th be convention in which the app lca on or pro 0 on, or, as e case may 'applieathe first of such apphcabons was made; and tions , (e) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derive8 title (2) subject to th~_ provisions _co~tainedjnsectiod 10 a complete ___ _ specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in res-s pect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent (3) a convention application shall not be post-dated under sub- 10 section (1) of section 17 to a date later than the date on which under the provisions of this act the application could have beed'made multiple priorities 137 (1) where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, is one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications 20 supplementary provisions as to eonvention applications (2) the priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on whidl that matter was flat so disclosed (3) }t'or the purposes of this act, a matter shall be deemed to 2s have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior act) in that application, or any documents submitted by the applicant for protection in support of flild at the same time as that application, but no account 30 shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application 138 (1) where a convention applictition ~s made in accordance 3s with the provisions of this chapter, the applicant shall furnish, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic appucation was made; certified by the official chief or head of the patent 40 office of the convention country, or otherwise verified to the satisfaction of the controller, along with the application or within three months thereafter, or within such further p&iod as the controller may on good cause allow (2) h any such specification or other documen\ 18 in a foreign language, a translation into english of the specification or document verified by affidavit -or otherwise --to -the-satisfaction-of -the -control- --------let, shall be annexed to the specification or document 5 (3) for the purposes of this act, the date on which an application was made in a convention country is such date as the controller is satisfied, by certificate of the official chief or head of the patent omce of the convention country or otherwise, is the date on which the application was made in that convention country 10 139 save as otherwise provided in this chapter, all the prov~!o~ other proof this act shall apply in relation to a convention application and visions of a patent granted in pursuance -thereof as they apply in relation to ~p~l~ to an ordinary application 'and a patent granted in pursuance thereof convention applications chapter xxiii miscellaneous15 j 40 (1) it shall not be lawful to insertlvoidance ot certain (i) in any contract for or in relation to the sale' or lease of restrictive a patented article or an article made by a patented process;dr conditions (ii) in a licence to manufacture or use a patented article; or 20 (iii) in a licence to work any process protected by a patent, a condition the effect of which may be-(4) to require the purchaser, lessee, or licensee to acquire from the vendor, 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 patented article or an article other than that made by the patented process; or i ao (b) 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 patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee; or (c) to prohibit the purchaser, lessee or licensee from using, or to restrict any· member or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process; and any such condition shall be void (2) a condition of the nature referred to in clause (a) or clause (b) or clause (c) of sub-section (1) shall not cease to be a condition 5 falling within that sub-section merely by reason of the 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 patented article or process (3) in proceedingf~t any person for the infringement of 10 a patent, it shall be a debence to prove that at the time of the infringement there was in force a contract relating to the patent 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 ~he 15 court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied (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 20 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, a patented article, by which the lessor or licensor 25 reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair - (5) the provisions of this section shall also apply to contracts made before the commencement of this act iof, and in so far as~ any 30 restrictive conditions declared unlawful by this section continue in force after the expiration of three months from such commencement determi-dation of certain contracts 141 (1) any contract for the sale or lease of a patented article or for lieence to manufacture, use or work a patented article or 35 process, or relating to any such sale, lease or licence, whether made before or after the commencement of this act, may at any time after the patent or all the patents by which the articles or process was " protected at the time of the making of' the contract bes or have ceased to be in force, and notwithstanding anything to--thecontrary -------in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving s three months notice in writ~g to the other party (2) the provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from thii 'section 142 (1) there shall ~d in respect of the grant of patents fees 10 and applications therefor, and in respect of other matters in relation to the grant of patents under this act, such fees as may be prescribed by the central government (2) where a fee is payable in respect of the doing of an act by the controller, the controller shall not do that act until the fee has is been paid (3) where a fee is payable in respect of the filing of a document at the patent office, the document shall be deemed not to have been flied at the office until the fee has been paid (4) where a principal patent is granted later than two years 20 from the date of the application for patent, the fees which have become due in the meantime may be paid within a term of three months from the date of the recordal of the patent in the register _143 subject to the provisions of chapter vii, an applica~on restric-0_: for a patent, and any specification filed in pursuance thereof, shall tions upon 2s not, except with the consent of the applicant, be pubii~hed by the publica_ controller or be open to public inspection at any time before the tlion?t date of advertisement of acceptance o of the application in pursuance s~ciftcaf ti 23 tions o sec on 144 the reports of examiners to the controller under this act lteportb 30 shall not be open to public inspection or be published by the con- of exatroller; and such reports shall not be liable to production or inspec- miners tion in any legal proceeding unless the court certifies that tire pro- to be duction or inspection' is desirable in the interests of justice, and ought conftdej», tiai to be allowed: 3s provided that the conltroller may, on application made in the prescribed manner, by any person, disclose the result of any search made under section 13 in respectol any application for a patent wbert: ule' complete specification has been published publication 145 the controller shall issue periodically a publ1cation of patof patenented inventiqns containing _suc~jnformation __ as _the central gov- ____ _ ted inven- emment may direct tiona power of controller to call for informationfrom patentees 148 the controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, s exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in india as may be speci~_~n the notice 10 (!:vidence 147 (1) a certificate purporting to be signed by the controller ~~:=~~ia as to any entry, matter or thing which he is authorised by this a~t etc or any rules made thereunder to make or do, shall be prima fclcle evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or ~mitted to be done i, (z) a copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof 20 or production of the original (3) the controller or any other officer of the patent otftce shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certifted 2s copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes declaration by infant lunatic, etc 148 (1) if any person is, by reason of minority lunacy or other disability, incapable of making any statement or doing anything re- 30 quired orpermitted by or undw 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, 35 and do such thing in the name and on behalf of the person subject to the disa bili ty' (2) an appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested 40 in the making of the statement or the doing of the thing 149 any notice required or authorised to be given by or under i'!rvlce th's act, and any -application -or -other -document so authorised or of doticet, required to be made or filed, may be given, made or filed by post etc, by post 150 if any party by whom notice of any opposition is given under security , this act or by whom application is made to the controller for the for costa grant of a licence under a patent neither resides nor carries on business in india, the controller may require him to give security for the costs of the proceedings, and in defaujt of such security being given may treat the opposition or application as abandoned 10 151 (1) every order of the high court on a petition for revoca- ~ans;u--tion, including orders granting certificates of validity of any claim, :~~~;s of shall be transmitted by the high court to the controller who shall courts to cause an entry thereof and reference thereto to be made in the controuer register is (2) where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transm~t a copy of its judgment and decree to the controller who shall on receipt thereof cause an 20 entry in relation to such proceeding to be made in the prescribed manner in a supplemental record (3) the provisions of sub-sections (1) and (2) shall elso apply ,to the court to which appeals are preferred against decisions of the courts referred to in those sub-sections 25 152 copies of all such specifications, drawin~s and amendments 'rranlmlsleft at the patent office as become oden to public inspection under sio~ of f the provisions of this act, sh3ll be t~ansmitted, as soon as may be, :::c~:coa_ after the printed copies thereof are avaihble, to such authorities tions, etc, as the centraj government may appoint in this behalf, and shall be and inspec-30 open to the in-:;p~ction of any person at all re~'ionable times at places tion eot to be specified by those authorities and with the approval of the ther -central government 153 a person makin~ a r€'quest to the controuer in the prescrib- informaed manner for information relating to atly such matters as may be ~on reld-35 prescribed as re~pects any patent specified in the request or as res- m:e tots pects any application for a patent so specified shall be entitled, sub- pa n ject to the payment of the prescribed fee, to have infonnat:on supplied to him accordingly 154 if a patent is lost or destroyed, or its non-production is ac- lou or 40 counted for to the satisf::tctjon of the controller, the controller may destruction at any time, on application made in the prescribed manner and on of patent 1261 (b) ls-12 payment of the prescribed fee, cause a duplicate thereof to be sealed and d~liy~red~tbuppucan~____ ___ _ __ 155 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 , 158 subject to the other provisions contained in this act, a patent shall have to all intents the like effect as against government as it -~ has against any person report, of controller to be placed before parliament patent 10 bind government 157 nothing in this act shall affect the power of the government or of any person, deriving title d~rectly or indirectly from the 10 government to sell or use any articles forfeited under any law for the time being in force rl,ht ot govemmentto hll or ule forfeited vtl ci- 158 the high court may make rules consistent with this act as to the conduct and procedure in respect of all proceedings before it under this act' is power of high cnurts to make rul 159 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act power 01 central_ govem- ment to malte rul (2) without prejudfce to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely:-20 (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; (ii) the time within which any act or thing may be done under this act, including the manner in which and the time 2s within which any matter may be advertised under this act; (iii) the fees which may be payable under this act and the manner of payment of such fepcj: (iv) the matters in respect of which the examiner moy make a report to the controller; 30 (,,) the form of request for the aealinl of a patent (vi) the form and manner in which and the time within which any notice may be gi veji-wiaer-uus-act; ----(vii) the provisions which may be inserted in an order for s restoration of a palent for the protection of persons who may have availed themselves of the subject-matter of the patent after \he patent had ceased; (viii) the establishment of branch offices of the patent oftice and the regulation generally of the business of the patent office, 10 including its branch offices; (i'r) the maintenance of the register of patents and the matters to be entered therein; (x) the matters in respect of which the controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this act; (xii) the qualifications of, and the preparation of a roll of scientific advisers for the purpose of section 115; 20 (xiii) the form and manner in which appeals from the orders decisions or directions of the controller may be preferred to the central government, the procedure to be followed in connection therewith and the manner in which such appeals may be heard and disposed of by the centr~ government; (riv) the manner in which any compensation for acquisition by government of an invention may be paid; 30 (xu) the manner in which the register of patent agents ma), be maintained; the conduct of qualifying examinations for patent agents; and matters conaected with their practice and conduct, jncluding the taking of disciplinary procedings against patent agents for misconduct; (xvi) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other· documents; 3, (xvii) any other matter which has to be or may be preac:ribed ;, (3) the power to make rules under th!s section shall be subject to the condition of the rules being made after previous pubhcatioh ----------------- ---rul81 to be placed before parlia-dent 180 e~ry 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~'1 , session for a total p~riod of thirty days which may be comprised il1 one seiiion or in two successive sessions, and, if before the expiry of the session in wh:ch it is so laid or in 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 shrl] 10 therea!ter have effect only in such modified form or be of no effect, as the case mjy be; so, however, that any such modification or annulment shall be wi~hout prejudice to the validity of anything previously done under that rule 161 (1) where, as as result of action taken by the controller 15 under section 12 of the atomic energy act, 1948, or under section 20 =~ 0; :::~ of the atomic energy act 1962 an application for a patent made 0 special provaioill with respect to certain applications deemed to have been refused under act 20f 1911 be~ore the commencement o~ this act could not be accepted within the tjme specified for the purpose in the indian patents and de~igns act, 1911 (hereafter in this section referred to as the repealed 20 2 of 1911 act), and, consequently, was deemed to have been refused by re3son of sub-section (4) of section 5 of the repealed act, the application may, if the applicant, or, if he is dead his legal representative, makes a request in that behalf to the controller in the prescribed manner within three months from the commencement of this act be revived 2s and shall be disposed of as if it were an application pending at the commencement of this act to which the provisions of this act apply by reason of sub-section (3) of section 162 (2) the controller may, before proceeding to act upon any such request as is referred to in sub-~ection (1), refer the matter to the 30 central gove:tnment for directions as to whether the invention is one relating to atomic energy and shall act in conformity with the directions issued by it (3) where in pursuance of any such application as is referred to in sub-section (1) a patent is granted, the rights of the patentee shall 3' be subject to such conditions 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 avall themselves of, the patented invention before the date of advertisement of the acceptance of the complete speculeatioll 40 (4) no suit or other proceeding shall be commenced or proseeuted in respect of an infringement of a patent committed before the date of -advertisement-of -the -acceptance-of the complete specification 162 (1) the indian patents and designs act, 1911, in so far as it repeal 5 relates to patents is hereby repealed, that is to say, the said act shall of act 2 be amended in the maner specified in the schedule o1fl911 in so ar (2) notwithstanding the repeal of the indian patents and designs :~: act, 1911, in so far as it r~lates to patents, the provisions of section to 21a of that act and of any rules made thereunder shall continue to patentl 10 apply in relation to any "pcrl:ebt granted before the commencement and of this act in pursuance of that section lavinp (3) save as otherwise provided in sub-section (2) the provisions of this act shall apply to any application for a patent pending at the commencement of this act and to any proceedings consequent there-is on and to any patent granted in pursuance thereof (4) the mention of particular matters in this section shall not prejuclce the general application of the general clauses act, 1897, with respect to repeals 10 ot 1897 -- 163 in sub-section (1) of :t1ection 4 of the trade and merchandise amend-2 of 1911 20 marks act, 1958, the words and figures "and the controller of patents ment of and designs for the purposes of the indian patents and designs act, :9~~3 of 1911" shall be omitted amendments to the indian patents and designs act, 19111 long title--omit "inventions and" 2 preamble--omit "mventlons and" 5 3 section i-in sub-section (1) omit "indian patents and" 4 section 2-(a) omit clause (1); (b) in clause (2) omit" (as respects designs)"; (c) for clause (3), substitute-10 '(3) "controller" means the controller general of patents, designs and trade marks appointed udcicr subsection (1) of section 2 of the trade and merchandise marks ad 1958"; 1': 43 of 1958 (d) in clause (5) for "trade mark as defined in section is 478", substitute "trade mark as defined in clause (17) of subsection (1) of section 2 of the trade and merchandise marks a -t, 1958",' na,; 43 of 1958 (e) omit clause (6) ; (1) in clause (7), after sub~lause (e) insert-20 "(f) in relation to the union territories of dadra and nagar havel! and goa, daman and diu, the fugh court 01 ~mbay; (g) in relation to the union territory of pondicherry, the high court of madras;"; 25 (g) omit clauses (8), (10) elm (11); (h) for clause (12), substitute-'(12) "patent office" means the patent office established under the patents act, 1965' omit pan l 30 6 for section sib, lubstttut_"51b a registereddeiignshall have to all intents the like deli effect as against government as it has against any persod and to bind the provisions of chapter xvii of the patents act, 1965, ihall gov-5 apply to registered designs as they apply to patents" ammant 7 in sectfon 54, for "the provisions of this act", 5 substitute "'n1e provision of the patents act, 1965" ' 8 omit sections 55 and 56 9 section 57-for sub-section (1) i substitute-10 (1) there shall be paid in respect of the regist,ration of designs and applications therefor and in respect of other matters relating to designs under this act such fees as may be prescribed by the central government" 10 omit section 59a '" 11 section 61-omit sub-section' (1) 12 for section 62, substitute-20 "62 tl'ie controller'may, on request in writing accompanied pnw~ by the prescribed fee, corect any clerical error' in the repre- ~~ntrolsentation of a design or in the name or address of the :pro- ler to prietor of any design or in any other matter which is entered correct upon the register of designs" clerical 13 section 63-(a) in sub-section (1), omit "to a patent or" and "patent or"; (b) in sub-section (2), omit "patent or" and for "patedta i)r designs, as the case may be" substitute "designs,"; (c) in sub-section (3), omit "patent or" wherever that expre~sion, occl:1rs;' ', , (d) in sub-section (4), omit '~o a patent or" 14 section m-30 (a) in sub-section (1), omit "patents or'''' and omlt-"either" wherever that word occurs; (b) in sub-section (5), omit clause (a) 15 omit section 66~ 16 section 67~t "for a patent, or for amendment of an 35 appllcatiol1 qr of a jpecification, or" 17 section 69-1n lub-aectlon (1), omit "to ii'8nt a patent for an invention or" 18 section 71a-omit "or from patents, speciftcations and other" 19 omit section 72 20 omit sections 74a and 75 21 section 78-(a) in sub-section (1), omit "other"; (b) in sub-section (2), in clause (c), omit "opponent" 22 section 77-(a) in subsection (1)-(i) in clauses (e) and (d), omit "speciftcations,"; (ii) for clause (e), substitute-u (e) providing for the inspection of documents in the patent office and for the manner in which they may be published;"; is (iii) omit clause (eee): (b) omit sub-section (2a) 23 omit section 78 24 for section 78a, lubstitute--"78a (1) any person who has applied for protection for any 20 design in the united kingdom or his legal reprefjentativ'? or assignee shall, either alone or j(lintly with any other perso~ be entitled to claim that the registration of the said desimt under this act shall be in priority to other applicants and shan have the same date as the date of the application in the united king- 2 s dom: provided that-recipro_ cal arrangement with united kingdom and other commonwealth countries (a) the application is made within six months from the application for protection in the united kingdom; and (b) nothing in this section shall entitle the proprietor 30 of the design to recover damages for infringements hatloening prfor to the actual date on which the design is registerf!d in india (2) the rejiltration of a design shall not be invalidated by __ --mason only -of the exhibition or use of, or the publication of a description or representation of, the design in india during the periodspeculed in this section as that within which the appli-s cation may be made (3) the application for the registration of a dealp undel' this section must be made in the same manner as an ordinary application under this act (4) where- it is made to appear to the central government 10 that the legislature of any such commonwealth country as may be notified by the central government in this behalf haa made satisfactory provision for the protection of designs registered in india, the central government may, by notification in the ofticial gazette, direct that the provisions of this section, with is such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in that commonwealth country" 25 omit the schedule ! the law relatin, to patents now on the statute book was enacted ' • 1911 :tmd ··since then· then! have been aubstantial·chanaes in the politiaal add·economic ·conditions gl the country although the act bas been in force for a very long period, ·1thu ngt· aclueved its ma:n purpose of stimulating inventions among indians and encourag- he developm~uldexploitation of new lnv_tiens for in~u»bial -propess -in this -eountry the need for;a·more, eomprehensh-e '10 u to edlw!etaat, patent rights ure 'dot !worked ito the dctrildent ·of ·the· consumer or ,to the prejudice oltlte' trade -or the lddustr!aldevelopment ~of the country was felt &bearly' las 1948 ad in fhat year the gowrdjdant appointed a committee known· as the patents :enquiry committee· to review the working ~f the patents win mma ',with :a new to ensure that the, pateat ~ 1iecame more conducive -to national interests anidbtltim ·nport : of that committe~ made in 1949 suggested the immediate amendment c£ the indian patents and designs act, 1911, 10 as to eounteract the misuse or abuse of patent monopoly in india by the enactment of provisions for compulsory licenslag the recommendations cantaineciin that interim report were gi,·en effect to by the indian patents and designs (amendment) act, 1950 the final report of the committee vas presented to government in 1950, and based on the final report a bill further to amend the indian patents and designs act, 1911, was introduced in the lok sabha on the 7th december, 1953 while the bill was pending, a further examination of the law revealed that the bill would need extensive amendments and consequently tt w83 not proceeded with and was allowed to lapse on the dissolution of the first lok sabha 2 in 1957, the government of india requested shri n rajagopala ayyangar, now a retired judge of the supreme court, to examine afresh the law of patents in india and advise the government on the changes necessary the present bill which 11 based mainly on the recommendat!ods contained in his comprehensive report, incorporates a few further changes in the light of further examinacon particularly with reference to patents for food, medicines and drugs - , - : 3 the notes of clauaes explain tn detail the various proviliona conta!ded in the bill -, , 'f() new dmm; t n singh the: 18i spt~, 11u president's recommendation under article' it7 0, the' constitt1'p'lt')m of india[copy of letter no 14(l)-tmp/64-p&d, dated the 7th s~tem;' ber, 1965 from 8hri t n singh, minister of industry in the ministry of industry and supply to the secretary, lok sabha] the pt'esid~nt having been informed of the subject matter (1f tm proposed; patet'tts 'bill, 1965, recommends consideration of the bid in the -lok sabhe under- art!cle 117 (3) 01 the constitution of incha c14u1e 2-the definition of 'invention' in the existing act has been modified so as to represent more accurately the existing position as defined by case-law several new definitions have also beed included for example, a definition of 'person' has been included in order to remove any doubt as to whether it includes the government a definition of 'government undertaking' has become necessary in view of the occurrence of this expression in several places in the bill in the new definition of 'true-• first inventor' it is made clear that it does not include the first importer of the invention and the first communicatee from abrcgd clause 3-ln this clause are set out the' several types of inventions or alleged inventions which are regarded universally or almost universally as not being patentable in view of the non-avallability of case-law on the subject in india, it would be advantageous to codify this part of the law as generally understood and applied clause 4-for making this law self-contained, a reference to section 20 of the atomic energy act, 1962, is included under which no patent can be granted for inventions relating to atomic energy clause 5-in the case of inventions relating to baby and invalid food, medicines and drugs it would not be in the interests of an underdeveloped country like india to grant patents in respect of the substances themselves but there is no such objedion in relation to the processes involved this clause accordingly restricts patentability to the processes involved in the manufacture or production of such substances clause 6-this replaces sub-section (1) of section 3 of the 'existing act, but has been remodelled on the lines of section 34 of the australian patents act, 1952 and section 1 of the uk patents act, 1949, by expressly including assignees, legal representatives, etc, among persons entitled to apply for patents clause 7 dealing with the form of application seeks to make it clear that every application shall be for one invention only clause 8-as the majority of the applicants for patents in india are foreign nationals and as in several cases the application in india is for the same or substantially the same invention as that for which a patent has alre·ad,y been applied for in a foreign country, this clause seeks 'to ensure that all relevant info'rmation as respects such forejgn invention is made available to th'e controller for the purpose of dis posing of questions relating to novelty of invention, patentability,-etc clause 9-this clause replaces section 4a of the existing act the increase in the timre limit, namely, fifteen months in all in subclause (1) should benefit indian nationals to get the complete specifications in proper order for being filed clause lo-this clause dealing with contents of specifications corresponds to section 4 of the existing act &-at- :has been amplified in the light of section 4 of the uk patents act, 1949 clause h-this clause seeks to make provision respecting the priority date for each claim of a complete specification and is based on section 5 of the uk pabmts act, 1949, and sections 44 and 45 of the australian patents act, 1952, but its scope is enlarged in ord'er to provide for the various contingencies which may arise in the determination of the priority date for each such claim clauses 12 and 13-the existing act does not contain any spreciftc provision requiring the controller to make a compulsory search for ascertaining the novelty of an invention before ita acceptance these clauses make it obligatory for searches to be made by the patent office in respect of all patent applications anticipation by publication is not to be confined to p~biication in india as at present and publication of an invention in india or any foreign country before the priority date claimed would constitute anticipation such a provision will enhance thre commercial value attached to indian patents clause 14-this clause is intended to make it clear that the applicant should be given an opportunity of being heard before any objections raised by the examiner are upheld by the controller clause 15 deals with the cases or circumstances in which an application for patent may be refused by the controller clauses 16 to 20-apart from the power to refuse an application, these clauses deal with ~he powers of the controller to pass other suitable orders under clause 16, where an application and the claims based _ ' thereon relate to more than one invention, the controller mlly 'allow the applicant to amend the complete specification by confining it to a liingle invention clause 17 deala with the powel'l of the codtroder tol" the purpose _ of poat-c:lating applications clause, 18· deals with th~ powers of the controller_ulcases_ of anticipation clause 19 deals with the powers of the controller in cal!' where an invention cannot be performed without risk of infringement of lome claim of an earlier patent clause 20 deals with cases where substitution in the names of appucants becomes necessary ' cla1&ae 21-this clause provides for the maximum rmit of t:m: within which an application or a complete -npecification should be accepted if the application is not to be regarded as ab3ndoned as the subject-matter in all -these cases is the complete spl!c'fica~io'\, time should commence to run from the date of the complete sped !ication and not from the date of the application as under section 3 (4) of the existing act it would also be n'!cesnry to pt'ovid! frr further extension of time where delay takes place in thc! office of the controller by reason of the investigat:ons to be m!lde by the examiner sub-clause (2) contains the necessary provisions in this behalf clause 22- makes provisions similar to those contained in seetloa !~hl) of the uk patents act, 19(9, as respects t~eptance of completp specification clause 23 deals with advertisement of acceptance of the eomplete specification and replaces section 6 of the existing act clnuse 24-thiseorrespondlj to section 7 of the exis4:fng act except that the rights and orivileres of the applicant commence not from the date of the acceptance of the apolication as in the exi~ting act" but' from- the date of the acceptance of the complete speciftcation clause 25-this clause purports to reta'n the existing proeerjure for opp,osition to the grant of pat-ents as being npcessary in the pubuc interest, at the same time enlarloting the grounds for opposition men· tioned in section 9 of the existing act clause 26 deals with lues of 'obtaining' which are broujdtt to light in opposition proceedings and seeks to authoris·e the controller to deal suitably with the opponent's claim in such ,eases clause 27-this clause, modelled on section 15 of the uk patents act 1949 would be urful where an"icip'ltorv pub1icatin"~ are brought to the- notfeeof the controller without the jnformant'rums - fonnai' oppolltioll to the- srmt, ,clause -28-this clause seeks to give recognition to the tight of the first inventor to be mentioned 1jl the p~~nt,~_~~ __ so_~e~ire~~ althoughhe may have parted with his proprietary interest therein clauses 29 to 34 seek to affol'd guidance to the contl'oller in determining what constitutes anticipation under the ojler provilions of the law (for example, clause 13) clauses 35 to 42-these clauses replace in a more comprehensive manner section 21a of the existing act and are intended to secure that inventions relevant for defence purposes which are the subject matter ot applications for patents are in the m,tere)ts of national security kept secret any secrecy orders passed by the controller in respec~ of such inventions are to be notdied to the centra! government and are to be periodically reviewed though applications which are subje:t to secrecy directions may proce~d up to the stage of acceptance they may not be advertiaed and no patent shall be granted in respect thereof, it is also provided that no person resident in india shall, except with the prior permission of the control· ler apply for a patent outside india unlesj an application for patent for the same invention has hejl made in india not less ,than eight weeks before the application outside india and either no secrecy ciirectioqs have been made in india or such directions have been rev:oked any contravention of secrecy directions will, apart from any criminal liability, render the applicant ineligible to proceed with the appli::ation payment by way of solatium is also provided for an applicant who may suffer hardship by reason of any secrecy airections clause 43-this clause seeks to replace "~d lo of the exlitijii act in a modified form incidentally it removes the overall time limit specified in section 10 (2) ~or the sealing of a patent ,as ~g too shor~ and unnecessary clause 45-this clause replaces section 11 of the existing act and makes uje date of filing of the complete specification the date of the patent and not the da:e of th'e application as in the existing a~t [compare section 22 (1) of the uk patents act 1949 and ,section 67 (1) of the australian patents act, 1952] clause 46 replaces sec!ion 12 of ule ex~sting ai:t relating tq the effact, extent and form of patent in a modified form clause 47 seeks to _ 4efide i1lclejr ~ ~e rights of :a patentee, rights whlch have at present ~o qe determined with re'ference to decided cases in the case o~ a patent for a process it is aught to b~ made clear that the patentee has the exclusive right to the sale in india of articles made by the patel1tec;l p~oceu ,sw:h'~;provjdod would be advantaae to indian patentee- c14ure 48 is intended to clarify the rights of research workers wurkers and the like to use the invention in the course of research 2bl distinguished ,from· use for couunerciai-purposes: ·-it -aiso-seeksto--' provide that import of medicines or drugs or medical equipment by government for its own purpose or the production of a patented article by government for its own use shall not be regarded as an infringement of patent rights clause 49 replaces section 42 of the existing act and at the aame time seeks to ensure reciprocity clause 50-this clause which is in medifieation of section 37 of the existing act, seeks to definite the rigts inter se of joint patentees and follows section 54 of the uk patents act, 1949 in addition to cases where a patent has been granted to two or more persons, this clause also covers cases where registered ownership in a patent has arisen by assignment or devolution clause 51 modelled on section 55 of the uk patents act, 1949, seeks to authorise the controller to give directions to co-owners with respect to the exercise of their rights wherever necessary clause 52 seeks to replace section 13 (2) of the existing act and provides for cases where patents have to be reyoked in favour of the true and first inventor clause 53 seeks to replace section 14 of the existing act with suitable modifications the term of every patent hereafter would be 14 years and not 16 ye·ars as hithertofore; but in the case of patents in the field of baby and invalid foods, medicines and drugs, where the process alone will hereafter be patentable, the term will be 10 years the term of existing patents in this field would be limited to 10 years from the date of the patent clauses 54, 55 and 56-modelled on section 26 of the uk patents act, 1949, these clauses considerably modify section 15a of the existing act dealing with the grant of patents of addition in respect of improvements and modifications cl4uaea 57 to 59 deal with amendments of complete apeetftcat!~ns before the controller and before the high court and comes pond to sections 29 to 31 of the uk patents act, 1949 the scope of permissible amendments before and after acceptance of a complete speclflcation is dealt with in clause 59 it is sought to be made clear that tqe scope of permissible amendments after acceptance of the completespecifleation 'cannot be wider or 1arie!ll" than that of an un:'" emended specification ' ' clauses 60 to 62 replace section 16 of the existing act and seek to d~al more ~laborately with restoration in certain circumstances of lapsed patents- and theproredure-to'-befollowed and the conditions which may be imposed in connection with such restorations clau8e 63 deals with voluntary surrender of patents it is now provided that in addition to the offer of surender being advertised all persons interested ill the patent should be notified and their opposition, h any, considered before the surrender is accepted cl4uae 64 deals with revocation of patents and replaces secttod 26 of the existing act it j~ now proposed that proceedings for revocation 'should lie only in the high ctmk:" the grounds for revocation are now amplified in the light of experience gained and prevailing conditions under this clause it would be open to any person interested and also to the central government to apply {or revocation clause 65 is new and seeks to empower the controller to revoke a patent or to have the complete specification amended where the invention relates to atomic energy clause 66-this reproduces section 25 of the existing act with suitable safeguards and is a useful provision for the furtherance of the country's national economy clause 67 seeks to provide for the maintenance of a patent register and the particulars to be entered therein clause 68 seeks to provide that every transaction relating to patents which is registrable should be entered in the register as soon as possible after the transaction is entered into at present while patent registers furnish complete information as regards proprietary interests, the same cannot be said of licences and other interes~ 1_ i clauses 69 and 70 deal with the registration ot proprietary interests in patentsand the power of regtstered grantees or proprietors to deal with such patents clause 71 seeks to provide for the rectification of registers by the high court clause 72 seeks to declare that the register shall be open to public inspection clauses 73 to 76 deal with the establishment oc g patent office clause 75 which is new seeks to disqualify employees of the patent office from acquiring any interest in patents excepti by way of inherl-1261 (b) ls-14 tance or bequest clause 76, which is also new, requires the employees of the "patent ofticerupon-pain·of punishment) to observe secrecy in respect of confidential information and documents to whichtheimay have access in the discharge of their duties czaue, 77 to 81 deal with the general powers of the controller and their exercise the powers include a power to correct clerical errors in patents or in specifications or in other documents or m the register clause 82 contains certain special definitions for the purposes of chapter xvi it has to be made clear that a -~ee includes an exclusive licensee who has the sole right to grant a sub-licence clause 83 seeks to emphasize- as does clause 94 from another aspect that the main purpose for which a patent is granted is to have the invention worked in this country to its advantage clauses 84 and 85 deal with the grant of compulsory licences where a complaint is made that the patent has not been worked in such a manner as to satisfy the reasonable requirements of the public, and are in amplification of the provisions contained in section 22 of the existing act clause 86 replaces sections 23a and 23b of the existing act as in the existing act, the right to apply for endorsement of patents with the words "licences of right" is confined to the central government as "persons interested" in working the invention might not desire that other persons besides themselves should also haye the right to obtain licences clause 87 is new and provides that patents in the field of drugs, medicines or baby and invalid foods and chemical inventions shall be deemed to be endorsed with the words "licences of right" the royalty payable under any compulsory licence, if granted hereafter in respect of such substances other than chemical processes is sought to be regulated by clause 88 suita·ble provisions are also being made to enable an applicant for a licence jo work the invention pending determination of the royalty these provisions are intended to secure the proper development of the drug and chemical industries in the country clause 89 seeks to vest a residuary poyver in the controller to revoke a patent in the event of the invention not being worked to an adequate extent in the country, rotwithstanding the compulsory licensing provision, etc such a provision will also have the indirect eftect of inducing patentees to impart to licensees sufficient detaill as to the know-how for working inventions czluue 90 seeks to define what is meant by the expression ''reasonable requirements of the public have not been satisfted" for the purposes-of-th~precedingclauses in_the _cqnt~lc1_qf_~n under-4eveloped country like india clause 91 seeks to empower the controller to adjourn any proceeding under this chapter for a period not exceeding 12 months so as to cover cases where it is sought to be shown ilhat the time between the sealing of a patent and the application under this chapter is not suftlcient to enable the patentee to work the invention to an adequate extent clauses 92 and 93 deal with the procedure to be followed and the powers of the controller in relation t'nhe grant of compulsory ucences t ~ i clause 94 seeks to formulate certain general principles for the guidance of the controller in granting compulsory licences clause 95 seeks to regulate the terms and conditions which may be imposed in respect of compulsory licences except where the central government has otherw·ise directed, the import of a patented article cannot be permitted under the guise of a compulsory licence clause 96 is intended to prevent the abuse of patent monopolies for blocking purposes and to facilitate the working of related patents: i clause 97 seeks to replace sub-section (4) of section 23cc of the existing act clause 99-for governmental purposes, the use of a patent by a government undertaking is really equivalent to governmental use in addition, the powers sought to be conferred by this chapter may have to be invoked in ,relation to certain classes of under1aldngs in the private sector which may be notifted for this purpose by the central government the expression use of invention far the purposes of government is being suitably defined to cover all such cases -,"'! clauses 100 andtol seek to regulate t11e use of inventions for the purposes of government and the rights of third parties in relation thereto the authority to authorise the use of any invention would be the central government, but the purposes for which en invention ·may be used would include the purposes of a state government, government undertaking, etc clause 102 would be useful to enable the central government to acquire an invention in certain circumstances, as for example, where it would be economical to acquire the patent instead of obtaining compulsory licences in respect thereof czczule 103-j'urisdiction is sought to be vested in the high court to decide disputes relating to the use of any invention for the purposes of c:;overnment --------- - --clczuse 104-while suits for declaration, infringements, etc, may be brought before the district court as under section 29 of the exllting &t, jurisdiction to hear petitions for revocation of patents which will have effect beyond the parties to the proceedings is given only to the high court under clause 64 clause 105 is patterned on section 66 of the uk patents act, 1949, and seeks to expressly authorise the court to grant declaratory decrees as to non-infringement even where the defendant has dot denied the right of the plaintiff or has not asserted any adverse right in himself czaube 106 seeks to replace section 36 of the existing act and provides for a remedy in case of grourdless threat of legal proceedings , -" , -, ""'7"f"w --cla1l8e 107-based on section 32 (4) of the uk patents act 1949, this clause seeks to provide that the grounds on which a patent may be revoked would be available as grounds of defence to an action for infringement clause 108 provides for reliefs which may be granted in a suit· for infringement, the acts constituting infringement being determined w·ith reference to clause 47 and the terms of the patent clauaes 109 and 110 deal with the rights of exclusive licensees and licensees under section 84 to take proceedings against infringement clauses 111 and 112 seek to replace section 30 of the existing act and restrict the power of the court to grant dramages, injunction, etc, in certain cases clause 113 seeks to replace section 32 of the existing act, but the power to grant certificates of validity is confined to petitions for revocation where any such certifioate has been granted, this clause seeks to regulate the costs in suits for infringement where a ma1ter is taken to an appellate court by the patentee, the attack on the validity of the claim cannot be said to be frivolous and therefore sub-clause (3) does not vest any such power as to costs in the appellate court clause 114 modelled on section 62 of the uk patents act, 1949, seeks to replace section 35a of the existing act relating to infrin~ement ot partially valid specificatiom clause 115-section 35 of the existing act provides for the hearing of suits under that act with the aid at assessors this clause --seeks -to -set out in more precise terms the type of persons to be appointed, their functions, remuneration, etc clause 116 seeks to provide for appeals from orders of the controller in this connection, it is desirable to provide expressly that no appeal shall lie from decisions and orders of the central government on the lines of section 109(1) of the trade and merchandise marks act, 1958 clause 117 seeks to lay down the procedure for the hearing of appeals it is in modification of the provisions contained in ,ectiol!, 23g of the existing act and follows section 109(4) and (5) of the trade and merchandise marks act, 1958 clauses 118 to 124 seek to provide for the punishment of offences under the new law the existing act does not contain adequate drovisions in this bebalf, the only penalty provided therein (section '7~) being in respect of the wrongful use of the words "patent oftlce" clauses 125 to 132-the provisions contained in sect·ions 75 and 75 of the existing act on the subject of agency are insutbcient to regulate appearances before the controller by persons styling themselves as patent agents it is desirable, as in other countries, that patent agents should be properly qualified to do tbeir work-a work which involves greet skill and responsibility these clauses, which are new, therefore provide for statutory control of patent agenm no person whose name is not entered in the register of patent agents will hereafter be permitted to describe himself as a patent agent, but nothing in this chapter would compel an individual to resort to a patent agent for filing his application or prev~nt him from acting in the matter himself or through an authorised agent clauses 133 to 139 seek to replace section 78a of the existing act which is confined to reciprocal arrangements between india and the united kingdom and other parts of her britannic majesty's dominions by more comprehensive provisions apart from making due _ provision for the mutual protection of inventions, a clause on the lines of section 132 of the trade and merchandise marks act, 1958, has also been included (clause 134) whereby national's of countries which do not accord reciprocity to our citizens wi11 be denied the right to apply for patents, etc, in india clause 140 based on section 57 of the uk patents act 1949, and section 112 of the austrolian patents act 1952 is new and is intended to ensure that patent rights are not made an instrument of a monopoly wider in scope or longer in duration than afforded under the patents by the statute accordingly, conditions in contraets, leases or licences which tend to impose restrictions on the other _party_with 1"egard to the purchase of armcles or use of processes other than the patented article or patented process are rendered void as being restrictions on trade injurious to the public interest this clam:;e will also apply to contracts made before the commencement of this new law in so far as any such restrictions are allowed to continue after the expiration of three months from such commencement the period of three months would enable the parties to have the contracts suitably altered, if they so choose clause 141 is also new and is designed to counter attempts by patentees to extend the duration of their patent monopolies beyond the period allowed by statute this clause will enable the patentee, lessee or licensee to determine a contract containing any such restrictions on giving three months' notice clauses 143 and 144-these clauses while placing restrictions upon the publication of reports of examiners, specifications, etc, seek to vest a discretion in the controller as to the publication of the result of any search under clause 13 such a provision would be of value to inventors who desire to know the extent of a prior invention clause 146--this provision which is confined to information regarding the extent to which an invention is being commercially worked in india is necessary for the proper working of this law, apart from its statistical value clause '147-sub-clauses (1) and (2) are based on section 71 and 71a of the existing act and sub-section (3) is based on section 116 of the trade and merchandise marks act, 1958 clauae 151 seeks to replace section 33 of the existing act by more elaborate provisions while orders of high courts regarding revooation of patents or certificates of validity of claims are to be entered in the register of patents, orders of other courts in suits for infringement, etc, are to be filed in a supplemental register as such orders affect only the parties thereto clause 1s1-this clause makes special provisions in respect of applications for patents which were referred from time to time to the department' of atomic energy for directions as they had references to atomic energy these applications now stand lapsed, due to no fault of the applicants, on the ground that the maximum period of acceptance prescribed under sub-section (4) of section 5 of the indian patents and designs act, 1911, has expired the bill seeks to amend and consolidate the law relating to patents contained in the indian patents and designs act, 1911, with a view to stimulate inventions among indians and to encouragp the development and exploitation of new inventions for industrial progress in india and to ensure that patent rights are not abused, to the detriment of the national interestll the patent office, which administers the indian patents and designs act, will have to keep a close watch over the commercial exploitation of patents and licensing and other proceedings under the act the ~teady increase in the number of applications for patents year after year, the proposal for extensive world-wide search for novelty, the expansion of the grounds of opposition, grounds for the grant of compulsory licences and the provisions for revocation for non-working, will involve additional functions on the patent office clause 13 of the bill envisages compulsory search for ascertaining 'novelty' of an invention and for determining 'anticipation', the scope of search extending to priar publication not only in india but elsewhere involving as it does much heavier work and responsibility than at present, it will necessitate an appreciable augmentation of the examining and supervisory officers of the patent office further, it will necessitate the setting up of a special abstracting section at the patent office, calcutta, which will engage itself on the collection of all foteign patent specifications and other technical document;, classification of the same industry-wise, preparing abstracts of the same and printing or duplication of the abstracts, etc clause 74(2)/102 of the bill provides for the establishment of branch offices of the patent office at different centres ib the country in order to meet the growing requirements of the public and to facilitate registration of patents to begin with, it is intended to have 3 branch offices of the patent office at bombay, delhi and madras this is on lines similar to the three branch offices of the trade marks registry functioning at calcutta, delhi and madras under the trade and merchandise marks act, 1958 the branch offices will be concerned with receiving of applications for patents, preliminary examination of the applications and amendments thereto, taking hearings and attending to all further correspondence such -a& -communication -of _orders and the like, except of course detailed search for anticipation which will be conducted at the head offtce, calcutta clause 115 of the bill envisages the appointment of scientific advisers to assist the court in any suit for infringement or in any proceeding before a court under the act - the aforesaid measures will involve extra work and will necessitat&eemployment of some additional staff the expenditure on account of additional staff, together with incidental expenses on administration is estimated at about rs 4 lakhs including rs 20,000 non-recurring the actual rec:ruitment of staff will, however, be made as may be determined by careful work-study requirement of personnel and finance:1 annual emoluments of officers:-7 "' } rs 2,57,000 27 (a) asstt controllers (b) examiners of patents q designs 2 annual emoluments of sta1f:-"1 i (a) senior scientific assistants 10 ~ rs 98,700 (b) asstt supdts 3 9 (c) udcs i j 3 incidental expenses rs 44,300 total rs 4,00,000' taking the -average of the past 3 years, the annual expenditure of the patent office is of the order of rs 9: 5 lakhs, while the annual income by way of fees realised amounts to rs 13' 2 lakhs it is to be mentioned in this context that while a general increase in the revenues may be expected on account of the filing of larger number of applications for patents year after year and also on account of the enhanced rates of fees for applications and for renewals, yet the reduction of the term of patents from 14 years to 10 years and the stopping of the grant of product patents in the fields of food, drugs and medicine, will probably offset to some extent the above however;-on balance-if-may-be expected that the present revenue is likely to be maintained apart from that, as so pertinently pointed out by shri justice rajagopala ayyangar in his report on the revi-bion of patents law "the maintenance of a patent ofbce should be considered a service rendered to the public, and this is how it is looked upon the uk 1£ usa and other advanced countries and therefore if an increase in the cost should result in an increase in the efftciency of the service, the cost is always worthwhile" clause 158 authorises the high court to make rules as to the 'conduct of procedure in respect of proceedings before it under this law clause 159 authorises the central government to make rules for csrrying out the purposes of this law the rules are subject to the cqildition of previous publication the matters set out in that clause in respect of which rules may be made are matters of a procedural nature and are merely ancillary to the proper implementation of this law the rule-making power sought to be conferred by the above two clauses is of a normal character extracts nom the indian patents and designs act, 1911 (2 or 1911)an act to amend the law relating to the protection of inventions and designs whereas it is expedient to amend the law relating to the protection of inventions and designs; it is hereby enacted as follows:- pld'incnaky --1 (1) this act may be called the indian 'patents and designs short title, act, 1911 extent and - - - - - commence mente z in this act, unless there is anything repugnant in the subject deftnitiodi or context:-' (1) "advocate general" means an advocate general appointed under the constitution and in relation to the state of jammu and kashmir, the advocate-general for that state: (2) "article" means (as respects designs) any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural: (3) "controner" means the controller of patents and de~igds appointed under this act: - - - - e' ::'(s~ ~igns" means 'oni, the, features' of 'shape, conggualtlon; pattern or ornament applied to any article by any industrf8i proeess or, means, whether manual, mechanical or' chemical, separate or com·' a -r~ bln4!d ,which ,in ,the flnish'ed arliale appeal to andaaojudged solely by the' eye;' ·but does not uiclude any mode or principle of construction or anything which is in substance a mere mecbenlcal, device and does 'not include any trade mark as defined in section 478, or ~ of 1860 property mark as defined in section 479 of the indian penal code: ", (6) "'distnci court'" has the ~eaning 'assigned to that expression ii of 1908 by the code of civil procedure, 1908: - - - - - los (8) "invention" means any manner of new manufacture and includes an improvement and an alleged invention - - - - -~--------- (10) "mailufactur&" includes any art, process or· madder of producing, preparing or making an article, and also any article prepared or produced by manufacture: (11) "patent" means a patent granted under the provisions of thil act: (12) "patentee" means the person for the time bem, entered oft the register of ~~ kept under this act as the grantee or propria tar of the patent: - - - - - part i patents appzicc:ation for and grant of patentappuca-3 (1) an application for a patent may be made by any person tion whether he is a citizen of india or not, and whether alone or jointly with any other person _ (2) the application must be made in the prescribed form and ~ust be left at the patent of!ice in the prescribed manner (3) the application must contain a declaration to the effect that the apphc:ant is in p'8sessiod of an invention, whereof he or to the case of a joint ·application one at least of the applieaats, ·c1abas to be the true and first inventor or the legal representative or psign of suclj inventor and for which he desires to· obtain a patent, and must ~ acrompadied by either a prmstonal o~ complete:-speciftc:atiod ~ by the ptescribedfee - f4} where the true and ftrst idftutal" is ·d~· party to the appu -cation, tlie applfeaf~n must contain a statement of his- "11ame~ and -such particulars for his identification as may b~· prescribed, and the ,ppncant must show that he is the legal representative or assign of mc!! m-entor spedtl:-4 (1) a provisional speci1ication must describe the nature af the tlodl invention (2) a complete specification must particuiai-iy describt: and ascertam the nature of the invention and the manner in which the i8jde is to be performed (3) a specificatiod, whether provisional or complete, must commenee with the title, and in the case f!)f a complete apeciftcation must end with a distinct statement, of the-mvention-elafmed------' --(4) where the controller deems it desirable, he may require that luitable drawings shall be supplied at any time befare the acceptance of the application, and such drawings shall be deemed to form part of the complete specification (~) if in any particular case the controller consic{ers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to codstitute an invention, such model or sample as he may require shall be furnished before the acceptance of the application, but such model or sample hall not be deemed to form part of the specification (6) the controller may, where the application was accompanied by a specification purporting to be a complete specification if the applicant so requests, treat the specification as a provisional specification and proceed with the application accordingly 4a (1) if the applicant does not leave a complete specification time 'with his application, he may leave it at any subsequent time within for nine months from the date of the application: 1 leayinl• camp ete speci-provided that the said nine months shall be extended to such flcatlod period, not e'xceeding t~n months jrom the date of the application, as ~y be specified in a request made by the applicant to the controller, if the request is made and the prescribed fee is paid within the period so specified (2) if the complete specification is not left withill the· -period allowable under sub-section (1), the applieation shall be dee~ to be abandoned at the expiration of ten months from the date thereof -' ~ 4b (1) an invention may, during-the period between ~he date proviof an application for a patent therefor and the date of· seaiing a sional pro-' patent on that application be used and published without prejudice tectiod to that patent, and such protection from the consequences of use and dublication is in this act referredto as provisional protection (2) in this section, the expression "date of an application fot a patent" means, as respects an application which is post-dllted or antedated under this act, the date to which the application is so post- dated' or ante-ciated and means as resp~cts any other application, , the date on which it is actually made 5, (1) the controller'shall refer to an examine!- every appuca~ tion in respect of which a complete specification has been filed and if satisfied on-the reparforufefexamfner that: ;;;,-' ----tion, (a) the nature of the invention or the manner in which it is to be performed is not particularly described and ascertained in the complete specification, or (b) the application, specification and drawings have not been prepared in the prescribed manner, or (cl the title of the specification does not sufficiently indicate the subject-matter of the invention or (d) the statement of claim does not sufficiently define the invention, or (dd) where a complete specification has been left after a provisional specification, the invention particularly described in the complete specification is not substantially the same as that which is described in the provisional specification, or (e) the invention as described and claimed 'is prima facie not a manner of new manufacture or improvement, or' (i) the specification relates to more than one invention, or (g) in the case of an application claiming priority under section 78a, the specification describes and claims an invention substantially larger than or substantially different from theinvention disclosed in the specification filed with the application made outside india by virtue of which priority is clai~ed, or _ (h) in the ease of an application for a patent of ad~ition under seetion 15a, the invention described and claimed in the 'specification is not an improvement or liiodification, of ' that : 'deseribed and claimed in the original specifi~ation, - be may refuse to accept the application or require that the' appjica- tion, specification ol" drawings be amended before he proceedswith ,the application; and in the latter· case the application shall, if the controller so directs, bear date as from the time when the requirement is complied with: provided that, when a specification comprises more than one ,invention, the application shall, if the controller or the applicant so requires, be, restricted to one invention and the other inventions may be made the subject~atter of fresh applications; and any such fresh application shall be proceeded with as a substantive application but the controller may, in his discretion, direct that any such fresh appiication "made before the acceptanee of the origilial applicatiod shall bear the da~e _of the oi:igim~upplicationor_such later date as he may fix, and the fresh application shan be deemed, for the purposes of this act, to have been made on the date which it bears in accordance with such direction: provided further that where a complete specification is left after a provilsional specification, the controller may, if the applicant so requests, cancel the provisional specification and direct that the application shall be deemed to have been made on the date on which the complete specification was left, and proceed with the application accordingly (la) if the controller considers, at any time before the acceptance of an application, that the invention claimed therein has been wholly or in part claimed in a specification published on or after the date which the patent applied for would bear if granted, appertaining to an application for a patent which if granted will be of prior date to the patent applied for, he may require that the applicant's specification be amended by the insertion of a reference to such other specification, by way of notice to the public (2) where the controller refuses to accept an application or requires- an amendment or the- insertion of a reference, the applicant may appeal from his decision to the central government (3) the investigations required by this section shall not be held in any way to guarantee the validity of any patent, and no liability shall be incurred by the central government or any officer by reason of, or in connection with, any such investigation, or any proceeding consequent thereon (4) unless an application is accepted within eighteen months from the date of the application, the application shall (except where an appeal has been lodged) be deemed to have been refused: pro~ded that where, bef6re, or within three months after, the expiration of the said period of eighteen months, a request is made to the controller for an extension of time, the application shall, on payment of the prescribed fee, be continued for any period so requested not exceeding in all three months from the expiration of the said period of eighteen months 6 on the acceptance of an application the controller shall give advertisenotice ~b,ereof to the applicant and shall advertise the acceptance; ment on and ~e~ipplicati9n and specifications with the drawings (if any) acceptance shall be open to public inpection :io:ppllca-mf'ct ot acceptance of application 7 after the acceptance of an application and until the date of sealing a patent in respectthereofr4)l' -the expiration _olthe __ tim~j~r_ sealing, the applicant shall have the like privileges and rights as if a patent for the inven~jpn had been sealed on the date of the acceptance of the application: provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed 8 [inquiry be/ore sealing patent] rep by the indian patnu and desig1l8 (amend'ment) act, 1930 (7 of 1930), s 4 opposition to li'ant of patent 9 (1) any person may, on payment of the prescribed fee, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the patent office of opposition to the grant of the patent on any of the following grounds, namely:-(a) that the applicant obtained the invention from him, or from a person of whom he is the legal representative or assign; or (b) that the invention has been claimed in any specification filed in india which is or will be of prior date to the pat~t, the grant of which is opposed; or (c) that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the specifications; or (d) that the invention has been publicly used in any part of india or has been made publicly known in any part of india; or (e) that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention either forms the subject of an ~plication made by \pe opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has been made available to the public by publication in any document published in india in that interval; but on no other ground (2) where such notice is given, the controller shall live notice of the opposition to the applicant, and shall, on the expiration of those four months, after hearing the applicant, and tbt opponent· if desirous of being heard, decide on the case ' , (3) the decision of the controller ahall be aubject to appeal to the central gf)ve~ent ---------_10 (1) if there is no opposition, or, in cue of opposition if the grmt ad determination is in favour of the grant of a patent, a patent &hall, 8dalidf , on payment of the prescribed fee, be granted, subject to &ueil condi- pat:af - tiona (il any) as the central government thjnks expedient, to the applicant, or in the case of a joint application to the appncmu jomtly, and the controller shall cause the patent to be le81ea wlth the seal of the patent office (la) notwithstanding anything contained in iub-sectloll (l)~ where-(a) an applicant has agreed in writing that on the grant to him of a patent he will assign it to another party or to a joint applicant and refuses to proceed with the application, or (b) disputes arise between joint applicants u to proceeding with an application, : the controller, if he is satisfied of 'the existence of such aareement or, in any other case, that any joint applicant or applicants ought to be allowed to proceed alone, may direct that such other party or joint applicant or applicants may proceed with the application accordingly and may grant a patent to him or them, as the case may be: provided that-(i) the controller shall not give any such direction untu every party interested has had an opportunity of being heard by him, and (ii) an appeal from any such direction shall lie to the central government (2) a patent shall be sealed as soon as maj'be, and not after the expiration of twenty-four months from the date of application: provided that,-(a) where the controller has allowed an extension of the time within which an application may be accepted, a further extension of !our months after the said twenty-four months shall be auoed for the sealing of the patent; (b) where the seeling is delayed by an appeal to the central government, or by opposition to the gran~ of the patent, or by any proceedings taken for obtaining a direction of the controller 1all (b) ls-ll udder ·the provisions of'sub-section (ta) the patent ma, be aled at luch-time-'u-the"controller may direct; --- ---- ---- (c) where the patent is granted to the legal representative of an applicant who bas died before the expiration o~ the time which would otherwise be allowed for sealing the patent, -the patent may be sealed at any time within twelve months after the date of his death or at luch later time as the controller may think at; (d) where for any reuon a patent cannot be sealed within the period allowed by any of the foregoitlg' provisions of this section, that period may, on payment of the prescribed fee and on compliance with the prescribed conditions, be extended to the extent applied for but not exceeding three months date of 11 except as otherwise expressly provided by this act, a patent ,atent shall be dated and sealed as of the date of the application: provided that no proceedings shall be taken in respect of an infringement committed before the advertisement of the acceptance of the application meet, extentand form of patent 12 (1) a patent sealed with the seal of thepatent oflice shall, subject to the other provisions of this act, cod;fer, on the patentee the exclusive privilege of making, selling and using the invention throughout india and of authorizing others so to do (2) every patent may be in the prescribed form and shan be granted for one invention only, but the specification may contain more than one claim; and it shall not be' competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention fraudulent appura-~onl tor ratents 13 (1), a patent granted to the true and first inventor or his legal representative or assign shall not be invalidated by an application iri fraud of him, or by protection obtained thereon or by any use or publication of the invention subsequent to that fraudulen't application during the period of protection (2) where a patent has been revoked by the high court on the ground that it has been obtained in fraud of the true and first inventor, or where the grant of a patent has been refused by the controller under section 9 on the ground stated in clause (cz) of subsection (1) of that section, the controller may, on the application of the true inventor or his legal representative or assign made in accordance with the provisions of this act, grant to bim a patent for the whole or any part of the invepticm, add the patent 10 tradted ihall bear the same date as the patent 10 revoked, or, iii the cue of a patent the i1'ldt of 'which hu been refused, the lame date as would have been borne by the patent if it had been arantecl: provided that do suit shall be brou;htfor-any··infrldgement·of the patent ao granted committed before the actual date when such patent was granted 13a (1) where the ·8ame applicant has put in two or more slnlle provisional speciftcations for inventions which are cognate or modi- pamt -ftcatiods one of the other, and has obtained thereby concurrent colute provisional protection for the same, and the controller is of opinion ~v=thatthe whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete speciftcation in respect of the whole of such applications and grant a single patent thereon (2) such pate~t-ih~ll·bear th; d-;-te of-the-wllest of such applications, but in considering the validity of the same and in determining other questions under this act, the court or the controller as the case may be, shall have regard to the rer-pective dates of the provisional speciftcations relating to the several matters claimed in the complete speclftcation tenn of p4tent14 (1) the term limited in every patent for the duration thereof !'erm of shall, save as otherwise expressly provided by this act, be sixteen ,t years from its date (ta) any patent the original term of which had not expired on or before the 1st day of july, 1930, shall have effect as "if the term mentioned therein was sixteen years instead of fourteen years, and any license existing at that date which has been granted for the term of the patent shall be treated as having been granted for the tenn as so extended if the licensee 80 desires ,,:8) where any party to a contract with the patent~ or aliy other person entered into before tae 1st day of january, 1930, is subjected to loss or liability by reason of the extension of the term of any patent under this section, any district court having jurisdiction may, on application made in this behalf, determine in what manner and by which parties such loss or liability shall be borne (2) a patent shall, notwithstanding anything therein or in this act, cease if the patentee fails to pay the prescribed fees within the prescribed times: i'rovmed thatwbere the" patentee, betore, or 'within three months after, the expiration of the time for payment, applies to the controller for an "extension" of time, the patent shall; on payment of such· --~ditioniufee as may be prescribed; "de-continued or revived, 88 the case may be, for any period so applied !or not exceeding in all three months from the expiration of the time for payment (3) if any proceeding is taken in respect of an in:fringement of the patent committed after a failure to pay any ftie within the prescribed time, and before any enlargement thereof,· the court be~ore which the proceeding is taken may, if it thinks fit, refuse to award any damages in respect of such infringement l!dmslon o iprm of ,c15 (1) a patentee may present a petition to the central government praying that his patent may be extended for a further term but lu'!h petition must be left at the patent oftlce at least six months before the time limited for the expiration of the patent and must be accompanied by the prescribed fee and must be advertised by the " patentee within the prescribed time and in the prescribed manner (2) any person may within such time as may be prescr!bed and on payment of the prescribed fee give notice to the controller of objection to the extension (3) where a petition is presented under sub-section (1), the central government may, as it thinks fit, dispose of the petition itself or refer it to a high court for decision (4) if the petition be referred to a high court, then on the hearing of such petition under this section, the patente~ and any person who has given notice under sub-section (2) of objection, shall be made parties to the proceeding, and the controller shall be entitled to appear and be heard (5) the central government or the high court to which a petition is referred shall in considering the petition have regard to the nature and merits of the invention in relation to the public, to the profits made on the patent and to all the circumstances of the case (6) if it appears to the central gov~mment or to the high court when the petition is referred to it, that the patent has not ~een suftlciently remunerative, the central government or" the high court, as the case may be, may by order extend the term of the patent for a turther term not exceeding flve or in exceptional cases ten y~ars or may order the grant of a new patent for such term not exceed!ng ten years as may be specified in the order and subject to any restriction, conditions and provisions which the central government or the high court, as the case may be, may think fit 15a (1) where a patent for an invention has been applied for or patent!! at gra~lted, ard the appl:cant or the patentee, as the case may be, applies alfdjuoll --for-afurth:r-l'atent-in-respect of any improvement in o~ modification of the invention, he may in his application for the further patent request that the term limited in that patent for the duration thereof be the same as that of the original patent or so much of that term as is unexpired, and, if he does so, a patent (hereinafter referred to as a pat~nt of addition) may be granted for such term as aforesaid (2) save as otherwise expressly provided by th!s act, a patent of addition shall remain in force as long as the patent for the original invention remains in force but no longer, and in respect of a patent of addit~on no fees shall be payable for renewal: provided that if the patent for the original invention is revoked, then the patent of addition shall, if the authority by which it is r~ voked so o]'ders, become an independent patent, and the fees payable, and the dates when they become payable, shall be determined by its date, but its duration shall not exceed the unexpired term of the patent fer the original invention (3) the grant of a patent of addition shall be conclusive evidence that the invention is a proper subject for a patent of addition, and the validity of the patent shall not be questioned on the ground that the invention ought to have been the subject of an independent patent 16 (1) 'where any patent has ceased owing to the failure of the restora patentee to pay any prescribed fee within the prescribed time, the tion of patentee may apply to the controller in the prescribed manner for ltptl'ledt , pa en an order for the restoratlon of the patent (2) every such application shall contain a statement of the cir- cumstances which have led to the omission of the payment of the prescribed fee (3) if it appears from such statement that the omission was unintentional or unavoidable and that no undue delay has occurred in the malting of the application, the controller shall advertise the application in tbe prescribed manner, and within such time as may be prescribed any person may give notice of opposition at the patent office (4) where such notice is given the controller shall notify the applicant thereof (5) after the expiration of the prescribed period the controller shall hear the case and, subject to an appeal to the central government, issu~ ~ order either restoring the patmtsubject to any · conditions and restrictions deemed to be advisable or dilmissin, the application: provided that in every order -under-this section restoring a patent such provisions as may be prescribed shall be inserted for the protection of persons who may have availed themselves of the subjectmatter of the patent after the patent had ceased amendment of application ot specijicationampnd-17 (1) an applicant or a patentee may at any time, by request me1i~ ot in writing left at the patent office and accompanied by the prescribed :~~-:n fee, ~eek leave to amemihis application or specification, including cation br drawmgs forming part thereof, way of disclaimer, correction or controller explanation, stating the nature of, and the reasons for, the proposed amendment (2) if the application for a patent has not been accf'pted, the controller shall determine whether and subject to what conditions (if any) the amendment shall be allowed (3) in any other case the request and the nature of the proposed amendment shall be advertised in the prescribed manner, and at any time within three months from its first advertisement any person may give notice at the patent oftice of opposition to the amendment (4) where such a notice is given the controller shall give notice of the opposition to the person making the request, and shall hear and decide the case (5) where no notice of opposition is given, or the person so giving notice of opposition does not appear, the controller shall determine whether and subject to what conditions, if any, the amendment ought to be allowed (6) the decision of the controller in either case shall be subject to an appeal to the central government (7) no amendment shall be allowed that would make the application or specification, as amended, claim an invention substantially larger than, or substantially different from, the invention claimed by the application or speciftcation as it stood before amendment (8) leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud; and the amendment shan be advertised in the prescribed manner, and shall in all courts and for all purposes be deemed to fonn part of the application or spec:i1lcatiod (9) this section shall dot apply when and 10 lonl u any suit for -infringementor-proceedinl before a court for the revocation of the patent is pending 18 in any suit for infringement of a patent or proceeding before ameijda court for the revocation of a patent the court may by order allow ment of the patentee to amend his specification by way of disclaimer, corree-8~eeiftction or explanation in such manner, and subject to such terms as to ctiodrtby th, ou costs, advertisement or otherwise, as the court may think fit: provided that no'1dt1&ddment shall be so allowed that would make the specification, as amended, clainl an invention substantially larger than, or substantially different from, the invention claimed by the specification as it stood before the amendment, and where an application for such an order is made to the court notice of the application shall be given to the controller, and the controller shan have the right to appear and be heard 19 where an amendment of a specification by way of disclaimer, ltettrlecorrection or explanation has been allowed under this act, no damages tiod on shall be given in any suit in respect of the use of the invention before reco~ery the date of the decision allowing the amendment, unless the patentet: dam~'el establishes to the satisfaction of the court that his original cla:m was framed in good faith and with reasonable skill and knowledge register of patents20 (1) there shall be kept at the patent office a book called the register register of patents, wherein shall be entered the names and addresses of of grantees of patents, notifications of assignments and of transmis-pa~ents sions of patents, of licenses under patents, and of amendments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may be prescribed (2) the register of inventions and address book existing at the commencement of this act shall be incorporated with, and form part of, the register of patents under this act (3) the register of patents shall be prima facie evidence of any matters by this act directed or authorised to be inserted therei~ (4) copies of deeds, licenses and any other documents affecting the proprietorship in any patent or in any license thereunder, must be supplied to the controller in the prescribed manner for filing in the patent oftlce p"t 21 (l)subjeet to the other-provisions of this sectio~, a patent shall to bind have to all intents the like effect as against government as it has gowmagainst any person i mat (2) the omcers or authorities administering any department of the service of government may, by themselves or by such of their agents, contractors or others as may be authorised in writing by them, at any time after the application, and after giving notice to the ap-plicant or patentee, make use or exercise the invention for the service of the government on such terms as may, either before or after the use thereof, be agreed on, with the approval of the central government, between such omcers or authorities and the applicant or patentee, or, 'in default of agreement, as may be settled in the ma1"lner hereinafter provided and the terms of any agreement or license concluded between the applicant or patentee and any person other than such omcers or authorities, shall be inoperative so far as concerns the making, use or exercise of the invention for the service of the government (3) where an invention which is the subject of any patent has, before the date of the patent, been duly recorded in a docq~ent by, or tried by or on behalf of, the officers or authorit~es administering any department of the service of government (such invention not having been communicated directly or indirectly by the applicant or patentee), such officers or authorities, or such of their agents, contractors, or others, as may be authorised in writing by them, may, after giving notice to the applicant or patentee, make, use or exercise the invention so recorded or tried for the service of the government free of any royalty or other payment to the applican~ or patentee, notwithstanding the existence of the patent if, in ~he opinion of such officers or authorities, the disclosure to the applicant or patentee, as the case may be, of the document recording the invention, or the evidence of the trial thereof, if' required, would b-~ _ detrimental to the public interest, it may be made confidentially to counsel on behalf 'of the applicant or patentee, or to any independent expert mutually agreed upon (4) in the event of any dispute as to the making, use or exercise of an invention under this section, or the terms therefor, or as to the existence or scope of any record or trial as aforesaid, the matter shall be referred to the high court for decision, who shall have power to refer the whole matter or any question or issue of fact arising thereon to be tried before a special or official referee or an arbitrator upon iuch term as it may direct the court referee or arbitrator, u the ~ue may be, may, with the consent of ~ parties, take into coulideration the vajic:uty of the patent for the purposes only at the reference 'and for'the determination of the issues between the applicant or patentee mild such officers or authorities the court, referee, or arbitcator, further, in settling the terms as aforesaid, hall be entitled to take into consideration any benefit or compensation which the applicant or patentee, or any other person interested in the patent, may have received directly or indirectly from the government or from such officers or authorities in respect of such patent: provided that, if the inventor or patentee is a government servant and the subjf(:t-matter of the invention is certified by the ,central government or state government to be connected with work done in the course of such service, any such dispute shall be settled by the central government after hearing the applicant or patentee and any other person having an interest in the invention or patent (5) tbe right to use an invention for the services of the government under the provisions of this section, or any provisions for which, this section is substituted, shan include, and shall be deemed alwa, to have included, the power to sell any articles made in pursnaqce of such right which are no longer required for the services of the government (6) nothing in this section shall affect the right of the government or of any person deriving title directly or indirectly from the government to sell or use any articles forfeited under any law for the time being in force relating to customs or excise zla (1) the inventor of any improvement in instruments or mudi- assiptions of war may (either for or without valuable consideration) assign ment oj to the central government all the benefit of the invention and of any patent to patent obtained o~ to be obtained for ~he invention; and the central ~~tral government may be a party to the assignment govern- i mento i (2) the assignment shall effectually vest the ben,elit of the invention and patent in the central government, and all co~enanta and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by or od behalf of the central government (3) where any such assignment has been made, the central g0vernment may, at any time before tbepublication of the speciflcation, certify to the controller ~at, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret 1261 (b)i&-17 (4) it the central govemmeat 10 certif), me application and speci---t1catiods, with the drawinp(~_ any) and any amendment of the speci1lcation add any copies of such 'documents and drawings, shall, instead of being left in the ordinary manner at the patent oftice, be delivered to the controllf:u" in a packet sealed by authority of the central government (5) the packet shall, until the expiration of the term during which a patent for the invention may be in force, be kept sealed by the cod-troller, and shall not be opened save under the authority of an order of the central government (6) the sealed packet shall be delivered at any time---duridg the continuance of the patent to any person authorised by the central government to receive it, and shall, if returned to the controller, be again kept sealed by him (7) on the expiration of the term of the patent, the sealed packet ,ball be delivered to the central government (8) where the central government certifies as aforesaid after an application for a patent has been left at the patent office but before the publication of the specification, the application and specif:cationa, with the drawings (if any), shall be forthwith placed in a packet sealed by authority of the controller, and the packet shall ~be subject to the foregoing provisions respecting a packet sealed by allthority of the central government (9) no proceeding by petition or otherwise shall lie for revocation of a patent granted for an :invention £n relation to which - certificate has been given by the central government as aforesaid (10) no copy of any speciflcation or other document or drawing, by this section required to be placed in a sealed packet, shall 1d any manner whatever be published or open to the inspection of the public, but, save as otherwise provided in this section, the provisions of this ~t shall apply in respect of any such invention and patent as aforesaid (11) the central government may at any time waive the benefit of this section with respect to any particular'invention, and the specifications, documents and drawings -shall be thenceforth· kept and dealt with in the ordinary way (12) the communication of any invention for any tmprovem~t in instruments or munitions of war to the central government or to any person or persons authorised by, the centralgov~~l!t to ,ld-ftstlgate the same or the merits thereof, shall not nor shall anythlq done far the purpoie of the investigation, be ~ed use or pubu· cation of web inventicm 80 as to prejudice the grant or validity of any jnl_t for the am • , , - compulsory licences cmd revoccltion22 (1) at any time after the expiration of three years from the :=~: date of the sealing of a patent any person interested may apply to licedce the controller upon anyone or more of the grounds specified in sub-section (2) for a licence under the patent (2) the grounds upon which an applicatton under sulmreetion (1) may be made are as follows, that is to 88y,-(4) that· the patented invention, being capable of being coid"-· , merclauy worked in india, has not been commercially worked therein or is not being 10 worked to the fudest extent that fj reasonably practicable; (b) that a demand for the patented article :in india is not being met to an adequate extent or on reasonable terms, or is being met to a substantial extent by importation of the patented article from other countries; (c) that the commercial working of the invention in india is being prevented or hindered by the importation of the patented arucle from other countries; (d) that by reason of the refusal of tile patentee to grant a jicence or licences on reasonable terms-(i) a market for the export of thf' patented article manufactured in india is not being supplied, or (ti) the worldng or efftclent working in india of any other patented invention which makes a substantial contribution to the establishment or development of commerclal or !ndustrlal activities in india is unfairly prejudiced; (e) tllat by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purehase, hire or use of the patented article er process, the manufacture, use or sale of materials not protected bv the patent or the establishment or development of commercial or mdusbial activities in india is unfairly prejudiced (3) an appllcatiod under this seetiod may be made by any person notwithstanding that be is already the holder- of a lieence under the patent; and no person shan be estopped from alle,dn« any of t'hp, matters'speclfted in su~lon (2) ~ rpn~on of any admission made by him, whether fd such' a licence or ot hpnvise, or by reason of bllii bavjdc accepted sueh a lfeedce (t) in this jection the expression "patented article" includes any - article made by a patented process z3(~ere an app1icati~n is made under section 22 the controller may make an order granting any of the following reliefs, tha~ is to say, the controller may-relief in ~of appllcation lidder teetlon 22; (4) grant a licence to the applicant upon such terms as thr controller thinks fit; and may also where the circumstance;; so require direct that all other existing licences in respect of· the patent shall be revoked, or that the patentee shall forfeit ii,\· right which he may have as a patentee, to make, use, exerei~e" or vend the invention or to grant licences under the patenl: (b) revoke any existing licence held by the applicant and grant a new licence upon such terms as the controller thinks fit, or amend any licence held by the applicant in such manner as the controller may think ftt; (c) grant a licence under the patent to !;uch custoul(,!'s of tht' applicant and on such terms as the contrcller thinks fit, if th0 controller lis satisfted that the manufactu~·e use or sale of materials not protected by the patent is unfairly prejl1diced by reason of conditions imposed by the patentee ~pon the grant of licences under the patent or upon the purchase, hire or use of the patented article or process: provided that where the application is made on the ground that the patented invention is not being commercipuy worked in india or is not being worked to the fullest extent that is reasonably pl'8cticable and it appears to the controller that the time which has elapsed since the granting of the patent has for any reason been insuftlclent to enable it to be" so worked h~ may, by order adjourn the application for such ppmorl "c: will in his opinion give- sufftcient time for thp invention to he" ,,~ worked (2) except·in cases where the terms of 'a licence have been settled by mutual agreement and such tenns otherwise provide any person to whom a licence has been granted under sub-section (1) shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent and if the patentee refuses or neglects to do so within two months after being so called upon the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant and a patentee so added as defendant shall not be liable for any costs uittesl he en~en an appearance and takes part in the proeeedinp j3a (1) at any time after the expiration of three years from endorsethe date of the sealing of a patent, the central government may ment of apply to the controller upon any one or more of the grounds specified patent on in -eub-section (2) of section 22 for the endorsement of the patent ~ppli;a~ with the words "licences of right" a:~-(2) an application under this section may also be made on the ment_ ground that by the refus31 of the patentee to grant a licence or licences on reasonable terms the establishment or development of commercial or industrial activitie"i in india is unfairly prejudiced or the development of an-industry, the control of which by the union is declared by parliament by law to be expedient in the public interest,is being prevented or hindered (3) where a patent of addition is in force, any application under slolb-section (1) either for the endorsement of the original patent or the patent of addition shan be deemed to be an application for the endorsement of both the patentr and -where any such application is granted or refused it ~he'l1 be deemed to have been granted or refused in respect of both the patents_ (4) all endorsements of patentr made under this section shall be entered in the register of patents maintained under section 20_ (5) for the removal of doubts it is hereby declared that nothing in this section shall affect the right of the central government or any state government to make an application for the grant of a licence in respect of any industrial undertaking or trading activity owned or carried on by such government db (1) where the controller has made an endorsement upon provision· a patent "licences of right"-a& to patents (a) any per-jon shah at any time after such endorsement be endorsed entitl-eo as of right tc' a lic'ence under the patent upon snch terms "licences as in default of agreement may be settled by the controller on of right" the application either of the patentee or of the person applying for a licence; (b) the controller may, on the application cf a person holding a licence granted under the patent before the endorse ment, order the licence to be revoked and grant a new licence by virtue of the ,="ndorsement upon terms to be !:jettled in the aforesaicl manner; (c) if in proceedings fllr the infringement of the patent (otherwise than by the imp(lrtation of the patented article from other countries) the infringing defendant is ready ,and willing to tab a licence upon terma to be ettled by the controller, do injunction against him shall be awarded, and the amount re---------'coverable-againsuum by way of damages, if any, shall not exceed double the amount which would have been recoverable against him as licensee if the licence had been dated prior to the earliest infringement; (d) the renewal fees payable in respect of a patent eo endosed shall, as from the date of the endorsement, be one moiety only of the fees which would otherwise have been payable (2) the provisions of sub-seetion (2) of section 23 shan apply to i any licence granted under sub-section (1): as they apply to a licence granted under the said section 23 z3c (1) the powers of the controller upon an application under section 22 or section 2:~a fhall be exercised with a view to seeurini the following general purposes, that is to say,-berc1je of powers onappu ation under lectlon 2z or ection 2ia (a) that inventions which can be worked on a cl)mmerclal scale in india and which should in the public interest be 80 worked shall be worked therein without undue delay and to the fullest extent that is reasonably practicable; (b) that the inventor or other person beneftclally entitled to a patent shall receive reasonable remuneration having regard to the nature of the invention; (c) that the interests of any person for the time being working or developing an invention in india under the protection of a patent is not unfairly prejudiced (2) subject to the provisions of sub-section (1), the controller sball, in determining whether to make an order in pursuance of lmy such application or not, take account of the following matten, that is to aay,-(a) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any ueenseeto make full use of the invention; (b) the ability of any person to wham a lleenee is to be granted under the order to work the invention to the pubue advantage; and (e) the risks to be undertaken by that penon in providing capital and worldng the invention it the application fa greted; but shan not take nccount of matters subsequent to the making of the appllc:atlod zicc (1) without prejudice to the foregoing provia1ods of thla lnventiodi -act, where a patent is in force in respect ofrelatlnj tofood or (4) a substance capable of being used as food, medicine, in medicine secticide, germicide or fungicide or in the production of food, etc medicine, 1dsecticide, germicide or fungicide; or (b) a process for producing such a substance as aforesaid; ~ i i (e) any invention capable of being used as or as part of - surgical or curative device; the controller shall, on application made to him by any person interested, order the grant to the applicant of a licence under the patent on such terms as he thinks fit, unless it appears to him that there are good reasons for refusing the appucation (2) in setuing the terms of licences under this section the controller shall endeavour to secure that food, medicines, insecticides, germicides, fungicides, and surgical and curative devices shall be available to the public at the lowest prices consistent with the patentees' deriving a reasonable advantage from their patent rights (3) a licence gnmted under this section shall entitle the licensee to make, use, exercise and vend the invention as food, medicine, i: insecticide, germicide or fungicide, or for the purposes of the production of food, medicine, insecticide, germicide or fungicide or as part of a ~gical or curative device, but for no other purposes (4) where a patent other than a patent referred to in sub-section (1) is in force in respect of 8 substance or process for producing a substance and the central government is satisfied that it it ex-·pedient or necessary in the public interest that a licence under such a patent should be granted, the central government may, by notification in the ofiicial gazette, direct that the provisions of sub-section (1) and suh-section (2) respecting the grant of licences and settling of the terms thereof, in so far as they can be made applicable, shall apply to such a patent, and on the issue of such a notification the said provisions shall apply accordingly z3d (1) every application, under section 22, section 23a or sec- proeedw tion 23cc, shall specify the nature of the order sought by the appli- on applicant and shall contain a statement setting out the nature of the cation applicant's interest, if any and the facts upon which the application ::~e:n 22, is based section (2) where the controller is satisfied, \q)on consideration of any 23ctja or - 4' ha been mad se on suqh application, that a pnm4 jacte case s e out for the dcc making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other persods appearing from the register of patents to be interested in the patent in rel:i· pect of whjch the application is made (3) the patentee or any other person desiring to oppose the applicatiun may, within such time as may be prescribed or within such further time as the controller may un application made either before or after the expiration of the prescribed time ellow, give to the controller notice of opposition (4) any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed (5) where any such notice of opposition is duly given the controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case 23e (1) any order made by the controller under section 23, section 23b or section 23cc for the grant of a licence shall, without prejudice to any other mode of enforcement imve effect as if it were a deed, executed by the patentee and all other necessary parties, granting a licencp in accordance with the order supple_ mentary provisions with respect to orders under section 23 (2) notwithstanding' anything contained in this act no order shall section be made in ·pursua~e of an application under section 23 ur sectidn 23b or five - 23a or section 23b or section 23cc which would be at variance tion 23cc with any treaty, convention, arrongement or engagement applying to india and any other country appeals, 23f (1) an appeal shall lie to the high court at calcutta from any order of the control\er made under section 23 or section 23a or under clause (a) or clause (b) of sub-section (1) of se~tion 23b or under section 23cc (2) every such appeal shall be made within three months of the date of the order passed by the controller and shall be in writing (3) in calculeting the said period of three months, the time, if any, occupied in granting a copy of the order appealed against shall be excluded 23g (1) when an appeal has been preferred to the high court a t calcutta under section 23f it shall be heard by a bench of not less than two judges procedure for hear lq of apl'eal (2) the bench hearing the appeal may, if it thinks fit, and shall, on the request of the parties to the appeal call in the aid of an assessor specially qualified for the purpose, and hear the appeal wbolly or partially with his assistance (3) the remuneration, if any, to be paid to an assessor undel' this section shall ill every case_be_ determinecl_by~blhigllcmtr,-",t ___ _ and be paid by it as part of the expenses of the execution of this act ·1 24 a patentee may at any time, by giving notice in the prescrib- power of ed manner to the controller, offer to surrender his patent, and' t?i'!' controller controller may, if after giving notice of the offer and hearing all !=:~:r_ parties who desire to be heard he thinks, fit, accept the offer, and eel patent thereupon make an order for the revocation of the patent 25 a patent shall be deemed to be revoked if the central gov- =0:-er~ment declares, by notiftcation in the official gazette, the patent patent or the mode in which it is exercised to be mischievous to the state on public or generally prejudicial to the public grounds legal proceedings26 (1) revocation of a patent in whole or in part may be obtained pf etition t't· ttl" 't f 'f' t b or revo on pe 1 ion 0 or on a coun er-c rim in a sui or in nngemen e- cation of fore a high court on all or any of the following grounds, namely: -patent (a) that the invention has been the subject of a valid prior grant of a patent in india; (b) that the true and first inventor or his legal representative or assign was not the applicant or one of the applicants for the patent; (c) that the patent was obtained in fr~md of the rights of the person applying for the revocation or of any person under or through whom he claims; (d) that the invention was not, at the date of the patent, a manner of new manufacture or improvement; (e) that the invention does not involve any inventivp step, having regard to what was known or used prior to thedste o~ the patent; , (f) that the invention is of no utility; (g) that the complete ~ciftcation does not sufficiently and fairly describe and ascertain the nature of the invention and the manner in which the invention is to be performed (h) that the complete specification does not sufticiently and clearly ascertain the scope of the invention claimed; (i) that the patent was obtained on a false suggestion or representation; 1261 (b) ls-18 (;) that the primary or intended use or exercise of the invention is contrary to law; ! (k) that the patentee has contravened, or has not complied with, the conditions contained in the patent; (1) that the complete speciftcation does not disclose the best method of perfordlltdce of the invention known to the applicant for the patent at the time when the specification was left at the patent ofbce; ~ (m) that prior to the date of the patent, the patentee or other persons (not being authorities administering any departmentnf -:-the service of government, or the agents or contractors of, or any other persons authorised in that behalf by, the central government) secretly worked the invention on a commercial seale (and not merely by way of reasonable trial or experiment) in india, and thereby made direct or indirect proftts in excess of such amount' as the court may in consideration of all the circumstances of the case deem reasonable; (ft) that the invention claimed in the complete specification is not the same as that contained in the provisional specification, and that the invention claimed, so far as it is not contained in the provisional speciftcation, was not new at the date when the complete specification was filed: provided that this sub-section shall have effect in relation to the ground of revocation specifted-(0 in clause (b), subject to the provisions of section 78a, m i (ii) in clause (d), subject to the provisions of sub-section (1) of section 13, sub-section (12) of section 21a, section 38 and section 40 (2) a petition for revocation of a patent may be presented-(a) by the advocate general or any person authorized by him'; or (b) by any person aueging- ! (i) that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims; or , (ii) that he, or any person under or through whom he claims was the true and first inventor of any inventfort included in tbe claim of the patentee; of (iii) that he, or any person under or through whom be claims an interest injuly tradej_bu~n~ss ___ oj~_m~~acture, :--::-~---had publicly manufactured, used or sold, within india, before the date of the patent, anything claimed by the patentee his invention i (3) the high court may, irrespective of any provisions of the code of civil procedure, 1908, in this behalf, require any penon, other than the advocate general or any person authorized by him, applying for the revocation of a patent to give security for the payment of all costs incurred or likely to be incurred by any persod appearing to oppose the petition 27 (1) notice of any petition for revocation of a patent under notice of ~ection 26 shall be served on all persons appearing from the register proceedto be proprietors of that patent or to have shares or interests there- in to in, and it shall not be necessary to serve the notice on any other ::=~~ed person (2) the notice shall be deemed to be sufficiently served if a copy thereof is sent by post in a il"egtstered letter directed to the person and place for the time being stated in the register 28 (1) a high court may, if it thinks fit, direct an issue for the i'rulwll' trial, before itself or any other high court, or any district court, ilbue few of any question arising upon a petition to itself under section 26, :: and the issue shall be tried accordingly ~ e (2) if the issue is directed to another high court, the finding courta shall be certified by that court to the high court directing thp issue (3) if the issue is directed to a district court, the finding of that court shall not be subject to appeal, but the evidence taken upon the trial shall be recorded and a copy thereof, certified by the judge of the court, shall be transmitted, together with any remarks which he may think fit to make thereon, to the high court directing - the issue, and the high court may thereupon act upon the finding of the district court, or dispose of the petition upon the evidence recorded, or direct a new trial, as the justice of the case may require 29 (1) a patentee may institute a suit in a district court having suit •• jurisdiction to try the suit against any person who, during the intrinpcontinuance of a patent acquired by him under this act in respect ment of of an invention, makes, sells or uses the invention without his patents license, or counterfeit it, or imitates it: provided that where a counter claim for revocation of the patent is made by the defendant, the suit, along with the counter claim, shall be transferred to the-high-court for-decision----(2) every ground on which a, patent may be revoked under section 26 shall be available by way of defence to a suit for infringement bxemption 30 a patentee shall not be entitled to recover any damages in of innocent respect of any infringement of a patent granted after the commence-:::~i ment of this act from any defendant who proves that at the datft~_ llty for - of the infringement he was not aware, nor had reasonable means damages 'of making himself aware, of the existence of the patent, and the marking of an article with the word "patent'' "patented", or any word or words expressing or implying that a patent has been obtained for the article, stamped, engraved, impressed on, or otherwise applied to the article, shall not be deemed to constitute notice of the existence of the patent unless the word or words are accompanied by the year and number of the patent: provided that nothing in this section shall affect an, proceedings for an injunction order for 31 in a suit for infringement of a patent, the court may, on inspection, the application of either party, make such order for an injunction, etc, in inspection or a:count, and impose'such terms and give such direcsuit tions respecting the same and the proceedings thereon, as the court may see fit d in a suit for infringement of a patent the court may certify certi1lcate of that the validity of the patent came in question, and if the court validity so certifies, then in any subsequent suit in that court for infringequestioned ment of the same patent the plainttif, on obtaining a final erder or and costs judgement in his favour, shall, unless the court trying the suit thereon otherwise directs, have his full costs, charges and expens':!s of and incidental to the said suit properly incurred 33 a court making a decree in a suit under section 29 or an order on a petition under section 26 shall send a copy of the decree or order, as the case may be, to the controller, who shall cau-an entry thereof and reference thereto to be made in the register of patents transmission of decrees and orders to the con troller m a high court to which a petition has been presented under powerof section 26 may stay proceedings on or dismiss the peti~!oll if injts hyr~h-:--__ opinion the petition would be disposed of more justly or conveniently court by another high court to stay proceed_ ings, etc hearin, with assessor 35 (1) in a suit or proceeding for infringement or revocation of a patent, the court may, if it thinks fit, and shah on the request of all the parties to the proceedings, call in the aid of an assessor specially qualified, and try the case wholly or partially with his assistance (2) a court exercising appellate jurisdiction in respect of such suit or proceeding may, if it thinks fit, call in the aid of an assessor as aforesaid (3) the remuneration, if any, to be paid to an assessol' under this section shall in every case be detennined by the court and be paid by it as part of the expenses of the execution of this act 35a notwithstanding anything contained iri section 19, if the grant of court in any action for infringement of a patent finds that anyone relief in or more of the claims ill the specification in respect of which the re&pect1of infringement is alleged are valid, it may, subject to its discretion as =: ar to tosts and as to the date from which damages should be reckoned and to -such terms as to amendment as it may deem desirable, grant relief in respect of any of such claims which are infringed without regard to the invalidity of any other claim in the specification in exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there 36 where any person claiming to have an interest in a patent, blemedy by circulars, advertisements or otherwise, threatens any other in ~88e of person with any legal proceedings or liability in respect of any fp'ouddl:: alleged infringement of the patent, any person aggrieved thereby ~=~~ro may bring a suit against him in a district court having jurisdiction ceedings to try the suit, and may obtain an injunction against the continuance ·of such threats, and may recover such damage (if any) as he has sustained thereby, if the alleged infringement to which the threats related was not in fact an infringement of the patent: provided that th!s section shall not apply if an action for infringement of the patent is commenced and prosecuted with du~ diligence grant of patents to two or more persons, 37 where,-after the-commencementolthis act,a patent is_ granted to two or more persons jointly they shall, unless otherwise specified in the patent, be treated for the purpose of the devolution of the legal interest therein as joint tenants, but, subject to any contract to the contrary, each of such persons shall be entitled to use the invention for his own profit without accounting to the others, but shall not be entitled to grant a licence without their consent, and, if any such person dies, his beneficial interest in the patent shall devolve on his legal representatives public use or knowledge of invention 38 the public use or knowledge of an invention in india before the date of the application for a patent thereon shall not invalidate the patent granted thereon if the knowledge has been obtained surreptitiously- or in fraud of the true and first inventor or his legal representative or assign or has been communicated to the public in fraud of such inventor or his legal representative or assign or in breach of confidence: provided that such inventor or his legal representative or assign has not acquiesced in the public use of his invention, and that he applies for a patent within six months after the commencement of such use disconfor-38a a patent shall not be held to be invalid on the ground mit)' that the complete specification claims a further or different invention to that contained in the provisional, if the invention therein claimed, so far as it is not contained in the provisional, was novel at the' date when the complete specification was put in, and the applicant for the patent was the true and first inventor thereof, or the legal representative or assign of such inventor losaor destruction of patent 39 if a patent is lost or destroyed, or its non-produ-::tion is accounted for to the satisfaction of the controller, the controller may at any time, on payment of the prescribed fee, seal a duplicate thereof , , 40 the exhibition of an invention at an industrial or other pro~:~:~ exhibition to which the pr~visions of this section have been extend-:tions and ed by the central government by notification in the ofticial gazette, readings or the publication of any description of the invention during the before period of the holding of the exhibition, or the use of the invention l~~d for the purpose of the exhibition in the place where the exhibition societies f h' t' th bl' t' f d is held, or the use 0 t e loven ion or e pu lca ion 0 any escrlption thereof, during or after the period of the holding of the taxhibition, by any peraon elsewhere without the privity or consent of the inventor or the reading of a paper by an inventor before a learned society, or the pubhcation of that paper in the society's transactions shall not prejudice the right of the tnventor to-apply-torand obtain --_0-a patent in respect of the invention, or the validity of any patent granted on the application: provided that-(a) the exhibitor exhibiting the invention or the inventor reading the paper or authorising the publication thereof as the case may be, gives to the controller previous notice in the pres--cribed form; and (b) the applicat~n -for a patent is made before or within six months from the date of first exhibiting the invention or of the reading of the· paper, as the case may be, or when it has not been so read, of the said publication 41 the trustees of the indian museum may at any time require modell to a patentee to furnish them with a model or sample of his invention b~ ~-:rrusllocd on payment to the patentee of the cost of the manufacture of the to indian model or sample, the amount to be settled, in case of dispute, by the museum central government 42 (1) a patent shall not prevent the use of an invention for the focelld purposes of the navigation of a foreign vessel within the juiisdiction vessels in of any court in india, or the use of an invention in a foreign vessel indian within that jurisdiction, provided it is not used therein for or in con- waters nection with the manufacture or preparation of anything intended to be sold in or exported from india (2) this section shall not extend to vessels of any foreign state of which the laws do not confer corresponding rights with respect to the use of inventions in indian vessels while in the ports of that state, or in the waters within the jurisdiction of its courts - - - sib the provisions of section 21 shall apply to registered designs rebi8traas if those provisions were re-enacted herein and in terms made tion of applicable to registered designs designs to bind the - - - - - - - government 54 the provisions of this act with regard to certificates of the applic&-validity of a patent, and to the remedy in case of groundless threats tion of of legal proceedings by a patentee shall apply in the case of regis- certain tered designs in like manner as they apply in the case of patents, provisions with the substitution of references to the copyright in a design for of ~e act references to a patent, and of references to the proprietor of a design :te~ts to for references to the patentee, and of references to the designs for deaigna references to the invention part iii general patent office and proceedings thereatpatent ofilee 55 (1) the central government may provide for the purposes of this act, an office which shall be called and is in this act referred to as, the patent office (2) the patent office shall be under the immediate control of the controller of patent~ and designs, who shall act under the superintendence and directfun of the central government (3) there shall be a seal for the patent office (4) any act or thing directed to be done by or to the controller may be done by or to any officer authorized by the central government omc8rs and clerks 56 the central government may appoint the controller, and so many officers and clerks, with such designations and duties, as it thinks fit feesfees 57 (1) there shall be paid in respect of the grant of patents and the registration of designs, and applications therefor, and in respect of other matters with relation to the patents and designs under this act, such fees as may be prescribed by the central government, so however that the fees presc~bed in respect of the instruments and matters mentioned in the schedule shall not exceed those there specified - - - - - - - information relating to patents 59a a person making a request to the controller in the prescribed manner as respects any patent specified in the request or as respects any application for a patent so specified, for information to be furnished to him by the controller of any such matters as may be prescribed affecting that patent or application, shall be entitled, subject to the payment of the prescribed fee, to have infonnation supplied to him accordingly - - - - - ii (1) where an application for a patent hu been abandoned or prohibideemed to have been refused,-theapeeulcations-and----drawings --(if-tion-ofany), accompanying or left in connectiod with i11ch application, shall ~ublicnot, save as otherwise expressely provided by this act, at any time tion ~ be open to public inspection or be published by the controller :1 dr:;' - - - - - i~, etc:, where application abandoned, etc 62 the controller may, on request in writing accompanied by power for the prescribed fee,-l controller to correct (4) correct any clerical error in or in connection with an clerical ---application lor a patent or in any patent or any specification; erron (b) correct any clerical error in the representation of a design or in the name or address of the proprietor of any patent or design, or in any other matter which is entered upon the register of patents or the regl'ster of designs -63 (1) where a person becomes entitled by assignment, trans- entry ot nussion or other operation of law to a patent or to the copyright in aaaipa registered design, he may make application to the controller to menta and register his title, and the controller shall, on receipt of such applica- transmistion and on proof of title to his satisfaction, register him as the ~tin d h propnetor of such patent or design, an s all cause an entry to be re~ en made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title (2) where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a patent or :registered design, he may make application to the controller to register his title, and the cod-troller, 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 patents or designs, as the case may be, with particulars of the instrument, if any, creating such interest (3) the person registered as the proprietor of a patent or design shall, subject to the provisions of this act and to any rights appearing from the register to be vested ~n any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the patent or design and to give eftectual receipt for any colulideration for any such allignment, licence or deal1n-g: 1261 (8) ~1t provided that any eqaitie in rspect of the patent or design may ____ --'belde-en_forc'~lin_uke_jt1anner_ jn __ repeet of any oth moveable property (') except in the case of en application made under section 64, a document or instrument in respect of which no entry has beep made in the register in accordance with the provisions of sub-sec· tiona (1) and (2) shall not be admitted in evidence in any court in proof of the title to a patent or to copyright in a design or to any interest therein, unless the court, far reasons to be recorded in " writing, otherwise directs if (1) the controller may, on the application in the prescribed manner of any person agrieved by the non-insertion in or omission from the register of patents or designs of any entry, or by any entry made in either such register without sufficient cause, or by any entry wrongly remaining on either such register, or by an error or defect in any entry in either such repter, make such order for making, expunging or varying such entry as he thinks flt and rectify the register accordingly - - - - - (5) nothing in this section shall be deemed to empower the controller-(4) to rectify the register of patents, or to decide any question relating to a patent, otherwise than far the purpose of cor·· recting a mistake of fact apparent from a reference either to the patent itself or to some order of a competent authority made under any other provision of this act, or - - - - - ea the controller shall issue periodically a publication of patented inventions containing such information as the central government may direct pubucation of patented lnventlons ftzercise 17 where any discretionary power is by or under this act given of dlacre to the controller, he shall not exercise that power adversely to the honary applicant for a patent, or for amendment of an application or of a ~w:r 1~ specification, or for registration of a design without (if 10 required on ro er within the prescribed time by the appucant) giving the appucant an opportunity of beini heard - - - - - ·18 (1) the controller may refuhi to grant a patent for an itefuaa1 invention, or to "ii!~r a desipl9f which the \lie would, in hi, to pat opinion, be contrary to law of morality patent, etc, in - - - - - eertaln aahi 71a printed or written copies or extracts, purportblg to be evldenee certified by the controller and sealed with the leal of the patent of docu· =i ~~~~ ~~tstr:~=:: ::: :::::: :=;m:: ~: elm shall be admitted in evidence in all courts in india, and in all proceedings, without further proof or production of the originals: - - - - - 72 copies of all such specifications, drawings and amendments traumia left at the patent oftlce, as become open to public inspecrtton under il~ otot the provisions of this act, shall be transmitted, as soon as may be, :a after the printed copies thereof are available, to such authorities tiona, etc, as the central government may appoint in this behalf, and shnll and idi-be open to the inspection of any person at all reasonable times at paction places to be appointed hy those authorities and approved by the thereof central government - - - - - 74a where· a person giving notice of any opposition under this security act or giving notice to the court of appeal from any decision of for costs the controller under this act, neither resides nor carries on business in india, the controller or the court, as the case may be, may l~quire such person to give security for the payment of all cosu incurred and likely to be incurred in the proceedings or appeal as the case may be, and, in default of such security being given, may disallow the opposition or dismiss the appeal agencysubscrip tion and veri8ca_ lion of certain doeu· menta 75 the following documents, namely,-(1) applications for a patent, (2) notices of opposition, , (3) applications for extension of terms of a patent, (4) applications for the restoration of lapsed patents, (5) applications for leave to amend, (6) applications for compulsory license or revocation, and (7) notices of surrenders of patent, (8) applications for endorsement of patent with the worc!s "licenses of right" shall be signed and verified, in the manner prescribed, by the period ma)dn, such applicauons or giving such notictl: provided that, if such penon is absent from india they may be ~ed and verifted on hi behalf by an aaent hlident in indl~ authorized by him in writing in that behalf ----- -78 (1) all other applications and communications to the controller under this act may be signed by, and all attendances upon the can· troller may be made by or through a legal practitioner or by or through an agent authorised to the satisfaction of the controller (2) the controller may, if he sees it, require-- - - - - --- -(c) the personal signature or presence of any applicant, up· ponent or other person power" etc, of central got)emment- 77 (1) the central government may make such rules as it thinks expedient subject to the provisions of this act-- - - - specifications, (c) for making or requiring duplicates of drawings and other documents; (d) for securing a·nd regulating the publishing ana selling of copies, at such prices and in such manner as the central government thinks fit, of specifications, drawings and other documents; (e) for securing and regulating the making, printing, publishing, and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and providing for the inspection of indexes and abridgments and other docu· ments; - - - - - (eee) for ensuring secrecy with respect to patents to which section 21a applies; - - - - - (2a) nothing in subsection (2) shall apply in the case of rules made for the purpose specified in clause (ee) of subsection (1), and iiilv lueb rules may modify any of the provisions of this act so far _ iday be necessary for that purpose - - - - - offence-78jf--any-person uses on his place of business, or on any docu- wrodjiu·~ ment issued by him, or otherwise, the words "patent otllce", or liie of any other words suggesting that his place of business is ofbclady :;:~t connected with, or is, the patent office, he shall be punishable with oftlce", flne which may ext£'nd to two hundred rupees, and, in the case of a continuing offence, with further flne of twenty rupees for each day oj!' which the offence is continued after conviction thpl'efor ~i " reciprocal 4rr4ngements with the united kingdom cmd other pan of his ma;ebty's dominion, \ 78a (1) whereas his majesty has by order made on the 28th reclproc: l ~ day of july, 1938, declared british india to be a convention country arrar:,e-l within the meaning of section 91a of the patents and design~, acts, '::'~ the ~ 1907 to 1938, any person who has applied for protection for any united, invention or design in the united kingdom, or his legal repre-kin,dom'~ sentative or assignee shall, either alone or jointly with any other and othe i p~rson, be en~itled to claim t~t ,the ~tent that may be ~anted to ~:s of ;, him under this act, for the said invention or the registration of the majesty'l , ' said design under this act, shall be in priority, to other apl;)l1cants dominioll and shall have the same date as the date of the application in the united kingdom: 'i' provided that-(4) the application is made in the case of a oatent within twelve mont9s, and, in the case of a design, within six months from the application for protection in the united kingdom; and (b) nothing in this section shall entitle the patentee or the proprietor of the design to recover damages for infringements happening prior to the actual date on which, in the case of - patent, his application is accepted or, in the case of a design, the design is registered, in india, (2) the patent granted for an invention or the registration of a design shall not be invalidated-(4) in the case of a patent by reason only of the publicntion of a description of, or use of, the invention, or (b) in the case of a design, by r~'a'k)n only of the exhibition or use of, or the publication of a description or repreaentation of, the design, in india during the period specified in this tion as that within "ncb the application may be jqjcle (3) the application for the ant of a patent or the registration of a design under this section must de made in the same manner an cii'dmary application unaertliiil\cl:-pro-vided that, in the case of a patent,-(4) the application shall be accompanit-d by a complete specification; and (b) if the application is not accepted within eighteen montlls from the date of the application for protection in the united kingdom, the specificatiob shall, with the drawings (if any) 8upplied therewith, be open to ~lic inspection at the expiration of "that period (4) wgere it is made to appear to the central government that the legislature of any other part of his majesty's dominions bas made satisfactory provision for the protection of inventions or -iiesigns patented or registered in india, the central government may ~ notification in the official gazette, direct that the provisions of thls section, with such variations or additions, if any, as may be set out in spch notification, shall apply for the protection of inventions or designs patented or registered in that part of his majesty's dominions fbbsr!il, 10 on application for a patent accompanied by provisional specification 20 on filing complete specification after provisional speclficatio~ _; , on application for a patent accompanied by complete specification 30 for sealing a patent 30 before the expiration of the 4th year from the date of the patent so before the expiration of the 5th year from the date of the patent so before the expiration of the 6th year from the date of the patent so before the expiration of the 7th year from the date of the patent so before the expiration of the 8th year from the date of the patent] 100 before the expiration of the 9th year from the date of the patent 100 before the expiration of the loth year from the date of the patent 100 before the expiration of the i ith year from the date of the patent 100 before the expiration of the 12th year from the date of the patent before the expiration of the 13th year from the date of the patent before the expiration of the 14th year from the date of the patent before the expiration of the 15th year from the date of the patent iso provided that the fees for two or more years may ,be paid in advance on application to extend the term of a patent so in respect of each year of the extended term of a patent or of a new i so patent granted under section 15 an application for registration of a design 3 a bill to amend and consolidate the law relating to patents (shri t n sm,h, minister of industry in the ministry of industry and supply) | Parliament_bills | b7778dd6-9b3b-5df7-97d3-f002394b390c |
the national airports authority bill, 1985 arrangement of clauses chapter i preliminaliyclauses'!" 1 short title, commencement and application 2, definitions chapter'ii national aillports aiithoritv3 constitution and incorporation of the authority ,4 disqualification for office of member 5 term of office and conditions of service of members 6 vacation of office of member 7 eligibility of member for fe-appointment 8 meetings 9 vacancies, etc, not to invalidate pl'ocej!clings of the authority' 10 appointment of officers and other employees' of the authority 11 authority to act on business principles chapter iii functions of the authority12 functions of the authority chapter iv property and contract13 transfer of assets and liabilities of the central gov~ent to the authority 14 compulsory acquisition of land for the authori,ty 15 gontracts by the authority 16 mode of executing contracts on behalf of the authority chapter v finance, accounts and audit cla:uses17 power of the authority to charge fees, rent, etc is additional capital and grant to the authority by the central government 19 fund of the authority 20 allocation of surplus funds 21 submission of programme of activities and financial estimates 22 investment of funds 23 borrowing powers of the authority 24 accounts and audit chapter vi miscellaneous25 annual ·report 26 delegation 27 authentication of orders and other instruments of the authority 28 officers and employees of the authority to be pubhc servants 29 protection of action taken in good faith 30 custody and disposal of lost property 31 provisions relating to income-tax 32 power of the authority to undertake certain works 33 power to issue directions 34 power of the central government to temporarily divest the authority 35 power of the central government to supersede the authority 36 power of 'he central government to issue directions 37 power to make rules 38 power to make regulations 39 rules and regulations to be laid before parliament 40 supplementary provisions respecting regulations 41 power to remove d1ftlculties· 42 amendment of act 22 of 1934 a billto provide for the establishment of an authority for the management of aerodrome;> ilnd civil enclaves whereat domestic air transport servicet are operajted at are intended to be operated and of all commut'lication stations and fm matter connected therewith be it enacted by parliament in the thirty-sixth year of the republic of india as follows: - chapter i preliminary5 1 (1) this act may ·be caued the national airports authority' ad, short 1985 (2) it shall come into force on such date as the central government may, by i1j1iiw0ri in the official gazette! appoint title c~cement and ,,,plleab (3) it applies' to-10 (a) all aerodromes whereat domestic air transport services are operated or are intended to be operated, other than-(i) aerodromes to which the int~maticmal airports aut:hq~ rity act, 197t applies; and 001 1971 (ii) aerodrome and airfields belonging to, or subject to the control of, any anned force of the union; (b) all civil enclaves; (c) all aeronautical communication stations; 5 2 in this act, unless the context otherwise requires,-information service, traffic control service and aerodrome control (4) "air traffic service" includes flight alerting service, air traffic' advisory service, air area control service, approach contr~l service 'service; (b) "air transport service" means any, service, for any kind of 1(, remuneration, whatsoever for the thansport by air ofpcrsods, mail or any other thing, animate or inanimate, whether such service relates to a single flight or series of flights; ' (e) "authority" means the national airports authority constituted udder section 3;' 15 (d) "civil enclave" means the arefl, if any, allotted at an aerodrome belonging to any armed force of the union, for use by persons availing of any air transport services from such aerodrome or for the handling of baggage or cargo by such service and includes land comprising of any building and structure on, such area 20 (e) "heliport" means an area, either at ground level or elevated on a structur~,' used df intended to be used for the landing and take off of 'helicopters and includes any "area for parking helicopters and' all 'bundings 8nc:t strw:tqres theswn or n)pertaining tqenlto; (f) "member" means a 1ilei1)ber qf the authority and includes the chair _ 25 man, bljl does not include, for tbe purposes of sections 4,5,6 and 7 an e:r officio member referred to in cla}lse (b) of sub-section (3) of sec-'tion 3; , (g) "pregcribed'" means prescribed by ru1cs made under thi!; act: (h) "regulations" meln regulations made under this act; and 30 22 or 1934 (;) words a~d expressi0r5' used herein and not defined bu1 defined in the aircraft act 1934, shal,1 have the meanm, respeetively assigned to them in that act chaptf~ ii ~e natiolfal aiport av'i'hori'l'y35 3 (1) with efteet hom the commencement of this ad, the cetral go?emmen~ shall, e~diutute a~ authority to'~ ~-aj'" uae national ~ authority," ", t' emsli· i' tulj!o?p ai:,j!"" or ~~ , poradon of ~ "~lf (2) the authority shall be a body corporate by t~ name ~re8aid having perpetual succession and a, comm~n seal, with power, subject to 40 ,tae piovtsions of t~ls a,ct, to aequire, ho~d and di~pose of property both movable and immovable, ,'and to, contract and shall bv ~o 'said'name sue 4 -t>e'~ ( -ft,,, " , (3) the authority shall consist of- , -' " , ~ ~ ~ (a) a cljoair~n to be """pointed by the <;:edtra1 ,~~dt; (b) the director-general of civil aviation, er ot!itj:: ill\d , , (c) not jess than eight and dot more than fourteen 'members to be 5'~' ' 'dipi)oioted by thecentral·(jovemment; , ' (4-) 1be oiamnari shan be a whole-time member and other l niembers re- ferred to in c1au-se (e) of sub-section (3) may be appointed as whdle-time or part-time members as the ·centralgovernment may think :fit, (so) the chairman and the members ,referred to in 'c1auae (c) of sub-10 section (3) shall'be chosen from among persons who 'have speciai bow- le·and e;xperien~_ in air tr,ldsport or o~r transport _rvi~ industry, cmmerdjll of ·idanciaj ~aiter~ or administration and;from amoog per- sons who are capable of representing organisations -of workers add con- sumers " " 15 •• a ,per«on shau!be' disqunlihed for tnmtg appointed $ a·lnetnibm'~f he-(a) has been convicted and se·ntenced to imprisonmertt' for an';oftence : wbic~, jl\t~ \qpini~ ,at the ,<?~ral qo,vofllqlellt, ;invoive5 ~ ~t"'c; or disquali· fication for office of "" jiiiiiidiicr,: ; (b) is an urdisr~ insolvent; or" " ,'," i (d is of unsound' mind and stands so declared by a competent court; or 20 : ·1"1',' (d) ~s ~en rcmove~ ~r dis1oissed frqiu the service of the gqvemment or a body corpo~ate owned or controlled by tl)e government~ or ' ' ', (,{e) ,h~o; in the opinion of t&le central govern~e,nt such fida,l\ciajor other jntere~t in the authority as is likely to aficqprejudici!llly ,the discbarge bv him of his functions as a member , - ',1 - <i '', - - •• " 25 ;» - (l)subject ~ the pl"ovisions -of section '6, every mempez' ·('tther than the ex officio med;lber) aqal~ kokto1jiee for a peliod,0f thr yefs f~oll) the (i~te on which be, ass~es office: - i " term of office and 00ftdibaof service of members pmvidtd 'fhat the ct!utrel govcramentmay-' , -, ' , , (a) terminate t~ appointment of any ~holclime ltlcl1)qcr who is not 3° it servant' of lh~ government, after giv}ng hill) dl~tjce' for a period o! ~ot less than three months or in lieu thereof, on payment of an amount equal :1ohis sitj,aty aqd allowance:;, if ally, fur' a puiod of· throe months; - | t | ||------|-------|| 'i | •• || ~ | || | || ' | || | || " | || ' | || • | || ~ | || | '' || 7,", | |, ',' ,,' (b) terminate the appointment of'any p~time member who is -not a servant of the government after giviltg him' douce for such period as may be prescribed; and'· , 'l,;t:~ i ,\ ,:'1 ~ 4--: "'/" ~ ~ ~ (el termintie· at any time' the appoiiitrent of' any '1ijer who is a servant of the government ' (2) the other cenditions c'a service or the members' shan be such as may be prescribed ' ' ' ,,' ' ~ ~ , " ~ i:; ~~ ~ ~ " 40 lj)' ally ideriibet may fesiga his 'ciffii:c by giving notice in writin; fili such 'period" as' jd3v bepreiscribed; 10 '!he' cennl :~errrmenc enet on sudtlresigwa-'tibni1deiag ndtifiecf ' in' the ofbicial g~artte 'by that government; such' member shall be deemed to have vacatedhis office (4) a ca'\ual vacancy caused by the resignation' of' a:' ~r uinde~ sub 45~c~ {,3),or ittherwise ~ay hi tilled by, fteahappobumedt a~ tb~pperpcln ~·appojn,~,sbali hold,~foi' ·the~~in~ • ~d :(w" ~~~ member in whose plaqhe is~~ weukl h4aye ~d eftke , ,'; i the central government shall remove a member if he-(4) becames lubject to any of the disqualifications mentioned in '~m4:' vacation ofoftlce of member provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned fn, clause (e) 5 of that section, 'unleh he has- been given a reaonable opportunity' of beil'lg heard in the matter; or ('b) reifw1e6 to act or becomes incapable of acting; or : (c) is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the authority; or 10 (d> in the opinion of' the central government has so abused his , po,sition as to render his· continuance 'in orice detrimental to the publie interest: provided that no member shall be removed under this clause unless 'he has ~n given a reasonable opportunity of bein~ heard in j 5 tltte matter 7 any penron cealling flo be a member shall, unless' disqualited under section 4, be eligible for reappointment as such pjijibility of member for reappoijltmeat 8, (l)t):le authority shall meet at such times and places, and shall o~serve such l'u1es of procedure in regard to the transaction of the 20 business at its meeting!! (including the quorum at such meetinjfs) as may be provided by regulations (2) the chairman, or, if for any reason he is unable to attend ;;w ineetilig' of the authority any "other member chosen by the membe~ " present at "the meeting shall pretfde at the me6ting -25 (3) all 'questions which come up before any meeting of the authority shall be decided by' a majority of the votes of the members present and voting, and, in the eventot an equality of votes the chairman, or in his absence, the penon' presiding, shall have and exercise a second or casting vote t no act' or proceeding of the authority shall be invalid merely by reason of-(a) any vacancy in, or any defect in the constitution of, the authority; or vcanci •• etc, not to iim· lidate pro ceeclials otthe autho rity, (b) any defect in the appointment of a person acting - 35 member of the authority; or (e) any irregularity in the procedure of the authority 110t affecting the merits of the case ~o (1) for the purpose of enabling it eftlciently to dim!harge its func- tions under this act, the authority shall, subject to the provisions of 40 aeetion 13 and to such rules as' may be made in this behalf appoint (whether on deputation or otherwise) such number tel' _~rs and other employees as it may consider necessary: ~ appointmentor oiilc:ers aadather employees or the author!ty provided, that the appointment of such categot'v 0( officers, as may be ~ after consultation with the chairman in suc:h rules, hall bfj 4~ ,object lo the pproval of the central aovemrnent; (2) subject to ·the proviaiaa ot :ti&n 13, 'every ~~ ' or otheji employee appointed by the authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations 5 11 in the discharge of its functions· under this act, the autllerity shall act, so far as may be, on business principlei- authority 10 actoll buiidm priacipla chapter iii functions of the a uthorlty 12 (1) subject to the rules, if oy, made by the ,central government ~ oldie audaonty 1 () in this behalf, it shall be the function of the authority to manaae the aerodromes, the civil enclave$ and the aeronautical eommunicatiod statio,ns etftclently ' (2) it shall be the duty of the authority to provide air tramc ser- vice and air, transport service at ·any aerodrome and civil enclaves 15 (3) without prejudice to the generality of the provisions contained in sub-sections (1) and (2), the authority may-(a) plan, develop, construct· and maintain runway" taxiway, aprons and t~rminals and aneillal'y buildings at the aerodromes and civil enclaves; ~o (b) plant, procure, instal and maintain navtpuonal aids, communication equipment, beacons and ground 81ds~t the aero~ and at such locations as may be considered necessary, foraafe navigation and operation of aircraft; , (c) provide air safety services and search and 1"eiicue facilities ~5 in co-ordination with other agenci~s; (d) establish schools or ~titutions or centres for the traininl of its officers and employees in regard to any matter cennected with the purpose" of this act; (e) construct resid~nti!'il buildings for its employees; ?w (f) establish and maintain hotels, restaurants and restroomll at or near the aerodromes; (g) establish warehouses and cargo· complexes at the aetodromei for, the storage or preceaaing of goods; 35 (h) arrange for postal, money exchange, insurance and telephone faciiities for the' use of passengers and other persons at tm aerodromes alid civil· ·enclaves; (i) make appropriate arrangements for watch and ward at the aerodromes and civil enclaves; (;) regwate and control the plying of yeh1clet, arid the entry 40 'and exit of pauengers and visitors,'in th, : ··ae~omm and ~ _~ ::;~ves';w:l'th cil'regtd't&ttlle security'ed'protocol' ftmetious of'the government of india: " i'" - '_ (k) develop and provide consultancy servlces, in india and abl'oad in relation to planning and develqpment or airports, air-" ~vigation services, growld aids and, safety services or any, faci-5 'htles thereat; , - , f· ; •••••• (1) establish and manage heliports; (m) provid;e such transport facility as are in the opinion of the authority, necessary to the passengers travelling by air; (n) form one or more companies under the companies act, 1958 10 1 of 19'6 ) •••• 1, · i,":w ~ ~y otbw'law relating-to eompanie8'to further the'eftident to ~' ,; cii~ge of the functions imposed od' i·t· by thts' act~ , , , (0')' take all sud1 steps as may be ne<lessary or eon~ent fot, or may be incidental to, the exercise of any power or the dis~ " chlu-g~of any fur,c~on col',lferred _ or imposed qd it by this act; and 15 (p)' perform any other function corutidered neoeasary:o'l" desirable by the central government for ensuring the safe and effie!-· '·'f!rit'\opet8tlen ··of' aireraft to, trbm and across'the air splice of india " '-(4) in the discharge of its functions under this section, the authority ~l<,bawe due'l'egard to,the development of air transport 'service and to 20 tbe:eftlcie~y, economy and safety of such ~ee (5) nothing contained in this section shall be construed as-" " '(11,) ~4~g;'an' obu~t1on on' the authorlty to discharge any, '~"'~on or duty 'lindft-'this seetion'withre!ipecl to any aerodrome to whtch th1s" act does 'not apply; 25 , (b) authorising the disregard by the authority of any law for tl2e, time being in force; or (c) authorising any person to institute any proceeding in respect ,ofauty or, liability to which the authority or its omeers or other f :~rloy:et!l would ~ot otherwise be subject chapter iv pjtoperty' and' co~' 13 (1) as from: "such date as' the cent~al government'may appoint by notification in the official gazette-(0)' au'properttes and-otmr assets ine!udiligthe equipment and 35 navigational and ground aids relating :to air ti'afilc' services and ves!-ed in the central government for the p~rposes of any aerodrome, '" "civii :enc1ave4hd aeronautical c!ornhlunication station and adminis-· tered by the director-general df' civil' aviation ~~niedi~tely before such date shall vest in the authority; , transfer' of uset8 and liabi· lities of the central government to tbcauthority (b)" an' properties and other assets vested in the centralgovernment for the purposes of civil aviation trainirig centre allaha- bad ~d, the fire servjces training school, calcutta and administered :~ ~ direcior~~rletal of "c~vii aviatiop 'immediately before such dat's!alt vest in the authority; , 45 (c) all residential buildings owned ~y the director-general of civil aviation ir~mf'diately before such lte shall vest in the authority; 5 (d) all debts, obligations and liabilities incurred all contracts entered into, and all matters and things engaged to be done by, with, or for the central government immediately before such date for or in connection with the purposes of any aerodrome, civil enclave, aeronautical communication station, the civil aviation training centre and the fire services training school shall be deemed to have 10 been incurred, entered intoand engaged to be done by, with, or for the authority; (e) all non-recurring expenditure incurred by the central govemment fer 011' m oonnectlon with the purposes of any aerodrome, mvtl enclave; aeronautical communleatton station, civil aviation training centre, fire services training schodl up to such date and deelared to be capital" elitpellllitare by the central government shau, subject to such terms and ecndluons as may be determined by the central government, be treated as capital provided by the central government to the authority; 20 (f) all sums of money due to the central government in relation to any aerodrome, civil enclave, aeronautical coidldudicatiod lltation, civil aviation training centre and fire services training school immediately before such date shall be deemed to be due to the authority; ~ (g) all suits and other legal proceedings instituted or which could have been instituted by or against the central government immediately before such date for any matter in relation to any aerodrome, civil encjqve, aeronautical communication station, civil aviation training centre and fire services training school may be continued or instituted by or against the authority (2) if any dispute or doubt arises as to which of the properties, rights or liabilities of the central government have been transferred to the authority or as to which of the employees serving under the director- general of civil aviation are t'o be treated as on deputation with the 35 authority under this section, such dispute or doubt shall be decided by the central government in consultation with the authority and the decision of the central government thereon shall be final (3) every employee holding any office under the director-general of civil aviation immediately before the commencement of this act 40 solely or mainly for or in connection with such affairs of the directorate-general of civil aviation ~s are relevant to the funetions of the authority under this act as may be detennined by the central government shall be treated as on deputation with the authority but shall hold his office in the authority by the same tenure and upon the same terms and 45 conditions of sernce as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the authority had not been constituted and shall continue to do so until the authority duly absorbs such employee in its regular service: provided that during thelperiqd of deputation of any s~ch employee 50 with the authority the authorit sha:ll pay the central government in respect of every such employee, such contribution towardg his leave salary, pension and gratuity as the central government may, by order, determine: provided further that any such employee, who hu, in respect of the proposal of the authority to absorb him in his regular service, 'intimated within such time as may be specified in this behalf by the authority hill intention of not becoming a regular employee of the authority, shall not be absorbed by the authority 5 14 of 1947 (4) notwithstanding anything contained in the industrial disputes act, 1947 or in any other law for the time being in force, the absorption of any employee by the authority in its regular service under this section shall not entitle such employee to any compensation under that act or other law and no such claim shall be entertained by any court, tribunal 10 or other authority 14 any land required by the authority for discharging its fwlc-tions under this act shall be deemed to be needed for a public purpose and such land may be acquired for the authority under the provisions of the land acquisition act 1894 or of any other oorresponding law for 15 1 of 1894 the time being in llorce ' compullory bal,uisitiodo1' land for the autho_ rity contracts by the authority 15 subject to the provisiolls ·of section 16, the authority shall be competent to enter into ann perform any contract uecessary for the didarge d its functions under this act: 16 (1) every contract sbalt, on behalf of the authority, be imide by the 20 chairman or such' other member or such officer of the· authorilty as may be generally or specially empowered in this behalf by the authority ana such: contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the authority mode of executing contracts on behalf of the authority provided that no contract exceeding such value or amount as the central 25 government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the authority provided further that no contract for the acquisitioll1 or sale of immovab1e property or k't itb:e lease of any such property for a term exceeoing: thirty years and no other contract exceeding such vaiue or amount as ·the central govem- 30 nient may, from time to time, by order, fix in this behailf shall be made unless it has been previously ap!ll'oved by the central government (;1) subject to the provisions of sub-section (1) the form and manner in which any contract shall be made under this act shall be such as may be specified 1;>y regulati~ns 35 (3) no contrac·t which is not in accordance with the provisions of· this act and the regulationc; shall be hinding on the authority chapter v finance, accounts and audit 17 the authority may,-40 (i) with the previous approval of the central government, charge ~ees or rent,-power of tile autholity to charge fees, rent etc (4) for the janding, housinp: or packing of aircraft or for any moor service or facility off~red in connedion with aircra:llt operations ,t any aerodrome or heliport explanation-in this sub-cla\ll;e 'aircraft" does not include 45 an aircraft be10nging to any armed force of the union and "aircraft operations" do not include operatiotw; c)f ap~~ aircraft belonging to the said forct' (b) for providing air trafti~ services, ground safety services aeronautical communications and navigational aids and meteorological services at any aerodrome and at any aeronautical communication station; 5 (c) for the amenities given to the passengers and visitors at any aerodrome, civil enclave or heliport; (d) for the use and enjoyment by persons of facilities and ~ther servioees provided by the authority at any aerodrome, civil enclave or heliport; )0 (i~) with due regard to the instructions that the gentral government may give to the authority, from time to time, charge fees or rent from persons who are given by the authority any facility for carrying on any trade or business at any aerodrome or heliport 18 the central government may, after due appropriation made by 15 parliament by law in this behalf,-(a) provide any capital, over and above the capitall provided udder elause (e) of sub-section (1) of section 13 that nay ~ be required by the authority fol' the discharge of its fwactions under this act or for any purpose connected therewith on such terms and conditions as that governmeat may determine; 20 additional capital andgrknt 10 the authority by the central government (b) pay to the authority on sueh terms and conditions as the central government may determine, by way of loans or grants' such 8uii1s of money as tbat govwnment dlay consider neeetlll&r'y for the eftlcient discharge by tbe authority of its functions wider this act fund oftbe authority 25 19 (1) the authority shall have its own fund and all receipts of the authority shall be credited' thereto and all payments of the authority shall be made therefrom (2) the authority shall have power, subject to the provisions of this act, to spend such sums as it thinks fit to cover all administrative expenses of the authority and on objects or for purposes authorised by 30 this act lmd such sums shall be treated as expenditure out of the fun c] of the authority 2 of 1934 allocation of lurpjus funds (3) all moneys standing at the credit of the authority which cannot immediately be applied as provided in sub-section (2), shall be deposited 35 in the stllte bank ~f india or in such scheduled bank or ba~ks and subject to such conditions as may, from time to time, bespeclfted by the central government explam'tion-in this sub-secti'oll, "scheduled bank" has the same meaning as in clause (e) of section 2 of the reserve bank of india act, 1934 40 20 (1) the authority may, from time to time, set apart such amounts as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities or services or creating new facilities or services ~_, aerodrome or for the purpose of providing against any 4" temporary decrease of revenue or increase of expenditure from transient :> causes c:k for purposes of replacement or for meeting expenditure arising from loss 'or damage from fire, cycl~ne air-crash or other accident or for meeting any liability arising out of any act or omission in the discharge of its functions under this act: provided that without prejudice to the right of the authority to establish specific reserves for one or more specific purposes, the authority shall also have the power to establish a genenj reserve: provided further that the sums set apart annually in respect of each or 'any of the specific and general reserves ,and the aggregate at ,any 5 time of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the central govemplent i of 19s6 (2) after making provision for suchreservetund or funds and for bad and doubtful debts depreciation in assets and all other matters which are usually provided for by companies registered and incorp9ra- 10 ted under the companies act, 1956· the authority shall pay the balance of its annual net profits to the central government 21 (1) the authority shall, before the commencement of each financial year, prepare a statement of the programme of its activities during the forthcoming financial year as well as a financial estimate in respect 15 thereof submiuion of programmeof activities and finltn~ cialellimates (2) the statement prepared 1l,ilder sub-sectian (1) shall not less than three months before the commencement of each financial year, be submitted for approval to the central go~ernment (3) the statement and the financial estimates of the authority may, 20 with the approval of the central government, be revised by the authority investmentof funds 22 the authority may invest its funds (including any reserve fund) in the securities of the central government or in such other manner as may be prescribed 25 berrowing powers of the authority &couat'l and audit 23 (1) the authority may, with the consent of the central government or in accordance with the terms of any general or special authority given "to it by the central government borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its function under this act 30 (2) the central government may guarantee in sueb manner as it thinks at, the repa)'dlellt of the principal and the payment of linterest thereon with respect to the loans borrowed by the authority under sub-section (1) (j) subject to such limits as the central government may, from time 35 to time, lay down, the authority may borrow temporarily by way of overdraft or otherwise such amounts as it may require for discharging its functions under this act 24 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the 40 profit and loss account and the balance-sheet in such form as may be prescribed by the ceqtral government in consultation with the comptroller and auditor-general of india', (2) the accounts of the authority' shall be audited annually by the comptroller and auditor-general of india and any expenditure in- 45 curred by him in conn'ecti:n with such audit shall 'be payable by the authority to the comptroller and auditor-general of india ' (j) the comptroller and auditor-general of india and any pel"8on appointed by him in connection with the audit of the accounts of th~ authority shall have the same rights' and' privileges and authority in 51> connection with such audit as the comptroller and, auditor-genetaj has in connect jon with the audit 'of government _ accounts and, in particular, shall have the right to ,demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices 5 of the authority (4) the accounts of the authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause 10 the same to be laid before both houses of parliament chapter visubmis· 8ionof &ddual report misce:lijaneous 25 (1) the authority shall, as soon as may be after the end of each financui year, prepare and submit to, the central government in such 15 form as may be prescribed a report giving an account of its activities during that financial year and the report shan also give an account of the activities which are likely to be undertaken by the authority during the next financial year (2) the central government shall cause such report to be laid 20 before both houses of parliament as soon as may be after it is submitted delegation 26 the authority may, by general or special order in writing delegate to the chairinan or any other member' or to any officer of the authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act 25 (except the powers under section 38) as it may deem necessary 27 all orders and decisions of the authonty shall be authenticated by the signature of the chairman or any other member authorised by the authority in this behalf and all other instruments executed by, the authority ,shall be authenticated by the s~gnature of an officer of the 30 authority authorised by it in this behalf 28 all officers and' employees of the authority shall, when acting or ,purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be public servants 45 of 1880 within the meaning of section 21 of the indian penal code autheatication of orden and other iutnameats oftbe authority oftkers and employees of the authority to be public servants protection of action taken inlood faith custod)' &del dlspoul oflolt property 35 29 no suit, prosecution or other legal proceeding shall lie' against the authority or clny member or any officer or other employee of the authority fo!' anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder or for any damage sustained by any aircraft or vehicle in consequence of 40 any defect in any of the aerodromes, civil enclaves, aeronautical communication stations or other things belongi,ng to or under the control of the authority 30 subject to such regulations as th~ authority may make in this - behalf, the authority shall provide for securing the safe custody and restoration of any property which, while not in proper custody, js found 45 0:1 any premises belonging to th~ authority or under its overall control o!' in any aircraft on any such premises provisions rc\atinj to incornctax 31 for the purpqses of the income-tax act, 1961 or any other enactment for the time·being in force relating to income-tax or any other tax on income, profits or gains, the auth~rity shall be deemed to be a company within the meaning of the incom~tax act, 19'61 and shall be liable to tax accordingly on its inrome, profits and gains 5 32 the authority may undertake to carry out on behalf of any person any works or services or any class of works or services on such tenns and conditions as may be agreed upon between the authority and the person concerned 33 (1) the authority or any officer specially authorised by it in this 10 22 of 1934 powcrof the authority to undertake certain worb power to issue directions bahalf mry from time to time, by order, issue directions consistent with provisions of the aircraft act, 1934, and the rules made theteunder, with respect to any of the matters specified in clauses (f), (h), (i), (j), (k), (m), (p), (qq), and (r) of sub-section (2) of section 5 of ~hat act, to any person or persons engaged in aircraft operations or using any itl aerodrome or civil enclave, in any case where the authority or the officer is satisfied that in the ,interests of the security of india or for securing the security of the aircraft it is necessary to do so (2) every direction issued under sub-section (1) shall be complied with by the person or persons to whom such direction is issued 20 power of the ct'aiir~ oovemmedlw temporarily divest tbeaulilority of theldlula-fldcilt of any aerodrome (~) if any person wilfully fails to comply with any direction issued under this section, he shall be punishable with imprisonment for a term which may extend to si" months or with fine which may extend to five thousand rupees, or with both 34 (1) if at any time the central government is of opinion that in 25 the public interest it is necessary or expedient so to do, it may by order, direct the authority to entrust the management of any aerodrome civil enclave or aeronautical communication station 'with effect from such date and to such pe~on as may be specified in the order and the authority shall be bound to comply with such direction 30 provided that before an order is made under this sub-section the authority shall be given a rea'sonable opportunity of being heard in the matter (2) where the management of any aerodrome civil enclave or aero-nautical communication station is entrusted to any person specified under 35 sub-section (1) (thereafter in this section referred to as the authodsed person), the authority shall cease to exercise and discharge all its powers and functions under this act in relation to such aerodrome civil enclave or aeronautical communication station and such powers and functions shall be exercised and discharged by the authoris~d person in 40 accordance with the instructions, if any which the central government may give to the authorised person from time to time provided that no such power or function as may be specified by the central government by a general or special order shall be exercised or discharged by the authorised person except with th:e previous sanction 45 of the central government (3) an order made under sub-section (1) shall uuleur~scinded, be in operation for a period of six months from the date on whiqh the management of the aerodrome civil encjave or aeronautical communication' station is entrusted to the authorised person 50 provided that the central government may extend such period for a further period or periods not exceeding eighteen months (4) 'during the operation of an order made under 8ub-section (1), it shall be competent for the central government to issue, from time to time, such directions to th<! authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of , 5 the authority under this act in relation to the aerodrome civil enclave or auronauti~l communication station, the management of which bas been entrusted to him and in particular to transfer any sum of money from the fund of the authority to the authorised person for the management of the aerodrome civil enclave or aeronautical communication 10 station and every such direction shall be complied with by the authority (5) on the cesser of operation of any order made under sub-section (1) in relation to any aerodrome civil enclave or aeronautical communication station, the authorised penon shall cease to exercise and perform the powers and functions of the authority under this act in relation to 15 such aerodrome civil enclave or aeronautical communication station and the authority shall continue to exercise and perfonn such powers and functions in accordance with the provisions of this act (6) on the cesser of operation of any order made under sub-tection (1) in relation to any aerodrome civil enclave, aeronautical communi-20 cation station, the authorised person shall hand over' to the authority any property (including any sum of money or other asset) remaining with him in connection with the management of stich aerodrome civil enclave, aeronautical communication station (7) anything done or any action taken lawfully by the authorised 25 person in relation to any aerodrome civil enclave aeronauticalcommunication station during the period of op'l!ration of an order made under sub-section ('1) shall be deemed ~o have been done or taken by the authority and shall be binding on the authority 35 (1) if, at any time the central gov~rnment is of opinion-(a) that on account of a grave emergency the authority is unable to discharge the functions and duties imposed on it by or under the provisions of this act; or power of the central governmant to supersede tbe authority, (b) that the authority has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the authority or the administration of any aerodrome civil enclave, aeronautical commu~ication station has deteriorated; or 40 (e) that circumstances exists which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the authority for such period, not exceeding six months, as may be specified in the notification: 45 provided that befor~ issuing a notification under this sub-section ~or the reasons mentioned in clause (b) the c~ntral government shall give a reasonable opportunity to the authori~ to show cause 'why it should not be superseded and shall consider the explanations and objections, if any of the authorit7' (2) upon the publication of a notification under sub-section (1) super8eding the authority,-(4) all the members shall, as from the date of supersession, vacate their oftlces 88 such; (b) all the powers, functions and duties which may, by or under 5 the provisions of this act, be exercised or discharged by or on behalf ~f the authority, shall until the authority is re-constituted under bub-section (3), be exercised and discharged by such person or persons as the central government may direct; (c) all property owned or controlled by the authority shall, until 10 the authority is re-constituted under sub-section (3) vest in the central government (3) on the expiration of the' period of supersession specified in the no~ification issued under sub-secti~n (1); the central governm'ent, may-(a) extend the period of ·supersession for such further term, not 15 exceeding six mo~tbs as it may consider necessary; or (~) re-constitute the· authority - by fresh appointment and in such case any persons who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: " ", provided that the central government may, at any time before the 20 expiration of the period of supersession, whether as originally specified ullder sub-section (1) or as extended under this sub-section take action under clause (b) of this sub-section ' (4) the c~ntral governinent shall -cause a notification {sued under s1uj-section (1) and a full report of any action taken under this 'section 25 and, the circumjtances _ leadi~g to such action to be laid before both houses of parliament at the earl~est opportunity 36 (1) without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central gov- 30 ernmen,t ,ijl8y give in writing to it from time to time: provided that the authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this power of the central govern-, lilent to illuc direonoaa su~section (2) the decision of the central government whether a question is 35 one of policy or not shall be final power to' mate ruta 31 (1) the central government may,by notifi£ation ·in the oftlcial gazette, make rules for carrying out the purposes of this act (2) in particular and without prejudice to the generality of the fore-j{oina power such rules may provide fot-40 (a) the conditions of service of the chairman and other members under ~on 5 including,the salaries payable to the ,chairman and, to the members who are required to repder whole-time service and th~ fees and allowances payable to the members who are re-quired to render part-time service; 45 (b) the period of notice required to terminate the appointment of any member, who is required to render part-time service and who 'is not -a servant of the government" under section 5 and the period ' nf notice'that may 'be ~ven to the central government by a memhpr before he resigns his office, under that sect jon; 50 (c) the conditions and limitations subj~'t to w~ the authority may appoint officers and other employees under' sub-section (1) of ' section io; , , 10 (d) the terms and conditions subject to which'the non-recurring expenditure incurred by the central government for or in conngction with the purposes of any aerodrome, civil enclavej'aet!onautieal -communication station, the civilj aviation centre and the fire service training school shall be treated as the 'capital provided by the central government to the authority under clause (e) of bub-sec-,tion (1) of section 13i (e) the manner in which the authority may invest its funds under section 22; (f) the form in which the authority shall prepare the annual statement of accounts including the profit and loss account and the balance-sheet under section 24; and (g) any other matter which is to be or may be prescribed 38 (1) the authority may make regulations not inconsistent with this act and the rules made thereunder to provide for all' mattets for ' which provision is necessary or expedient for' the purpose of giving 20 effect' to the provisions of this act ' (2) without prejudice to the generality of the foregolng power, s,uch regulations may provide for-!;: (a) the time and places of the meetings of the authority and the procedure to be followed for the transaction of business at fluch meetings under sub-section (1) of section 8; (b) the conditions of service and the remuneration of offteere [lnd other employees appointed by the authority; (e) the allotment of residential accommodatlbri-1o me pfltcers and ot~ employees appointed by the authority; (d) the contracts or class of contracts which are to be sealed with the common seal of the authority ai)d the form and manner in which n contract may be made by the authority; (le) the storage or processing of goods in any warehouse esta bushed by the authority under clause (h) of sub-section (3)' of section 12 and the charging of fees for such storage or processing; 35 (f) the custody and restoration of loilt property and the terms and conditions under which lost property may be restored to the persons entitled thereto; (g) the disposal of any lost property in cases where such property is not restored; (h) securing the safety of aircraft vehicles and persons usblg " the aerodrome or civil enclave and preventing danger to the public arising from the use and operation of aircraft in the aerodrome or civil enclave; 45· (i) preventiiig oblrtructiori within the aerodrorjie or civil enclave for its normal functioning; (j) prohibiting ,the parking or waiting of any vehicle of car- ,riage within the aerodrome, or civil encl&ve pa,pt at place8 specift8tl by the authorityj " (~1', p~w~~ti,ng 0': ~tri~~idg ac~ ~ any par)t of the aerod,rorile or civil enclave; (i) preserving order within the aerodrome or ciyil enrla"e and ~t~ damage to property therein; (m) regulating or restricting advertising within the aerodrome 5 or eivil enclave; , (n) requiring ,ny person, if so directecl by an officer appointed by the authority in this behalf, to leave the aerodrome or civil enclave or any particular part of the aerodrome or civil enclave; and , (0) generally for the eftlcitmt and proper management of the 10 aerodrome or civil enclave , (3) any regulation made under any of the clauses (h) to (0) (inclusive) of sub-section (2) may provide that a contravention t~reof shail be punishable with fine which may e~nd to five hundred n1j)ees and in the case of a continuing contravention with- an additional fine 15 which: may extend tn twenty rupees for every day during which such cfi)lltravantioa continues after conviction for tho first such contravention (4) no regulation made by the authority under this section shall have effect until it has been approved: by the central gqv~ment and publiahed in the ,oftlcial ~tte lio '"r··· •• , 31 any regulation which may be made by the authority under this act may 'be made by the central government by notiftcation in the ofilctal 'gazette within one year of the constitution of "the authority and any regulation 90 made 'may' be altered or rescinded by the authority by means of a regulation made by it under this act li5 ~ meatary pjovisions i'eiiiddi feidiatiolll ,4«) every rule and every regulation made under this act shall be laid as soon as nmy ~e afte~ it is mafie qe~ore ellqb &use at pulia-~e~t, w~le it is in session, for a total perio~ of thirty days which rule and regulatioj1ll to be laid before parliament m~y be comprised in one session or in two or more succ~ssive s~!i~ons and if, before the expiry of the session bnmediately following , the 30 session or the successive sessions aforesaid, both houses agree in making any modiftcation in the rule ol'l regulation, as the case may be, or both houses agree that the rule 'or regwation, as the case m~y' be, should not be made, the rule or regulation shall thereafter have effect 9n1y jn suc,h modi6ed foim or be ,of do effect, as the cue m~ be; so, 35 hqwever, th~t 3jly such modulcation or annulm~t shall b~ without prejudice to the validity of anything previously dql1e upcier that rule or regulation 41 (1) if any diftlculty arises in giving effect to the provisions of 1t~:,:jac?,~, ~h~ c,~~a}" gov~~t ~ay by gttnej;a~ orlijjecial order pub- 40 1 !'f't~, in, ,th~ q!~!1 ~~~ ~ 8~ j1l'o~~ npt idcol;l~nt with power to remove diftlcul- t"~e ,j:'rovjsions of t!us ~,ct: as appear to it to be necessary or expedient for the removal of the di1bcu1ty: " pro~de,d that no such order mall be made after the expiration of one year from the commencement o~ this act 45 (2) bvel'y order made under s~b-section (1) shall be jaidas soon ~ 'ma~ be after it' is made, before each house ofpai-iiament ~jrll~ it is in sesslnn for a total period of thirty days which may be ~omprised 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 lessions aforesaid, both houses agree in making any modification in the urder or both houses agree that the order should not be made, the 5 order shall thereafter have effect only in such modified form or be of n:> effect, as the ('ase: may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything freviously done under thnt order 42 in sub-section (2) of section 5 of the aircraft act, 1934, in clause 10 (b), after the words and figures "the international airports authority aet, 1971", the words and figures, "or the national airports authority act, 1985" shall be inserted amendmet of act 2201 193f statement of objects and reasons the directorate-general of· :civil aviation (dgca), is responsible for the regulation and control of civil aviation activity in the country the main functions of this organisation are:- , (l) cons~llction and ~aintenance of domestic airports, including runways, taxi-ways, aprons and terminal buildings; (u) procurement, installation and maintenance of navigational aids and provision of tele-communications, navigational and air traffic control services; (iii) regulatory functions such as licensing and training, airworthiness and air· safety control, ground safety and economic and regulatory functions relating to air transport servkes 2 as a result of an all-round increase in the above activities and the introduction of sophisticated aircraft, the idfra-structural facilities at aerodromes have had to be constantly improved the functioning of tlle dgca has been found difficult due to its having to have its constructions executed by the cpwd, its purchases routed through the dgs&d and its personnel recruited through the upsc there had therefore been delays in the above activities of the dgca 3 in order to study in depth the rossibility of improving efficiency by introducing increased flexibility and autonomy for the development of domestic airports and the provision of air traffic services, the ministry of tourism and civil aviation set up an experts committee under the chairmanship of the director-general civil aviation the committee recommended setting up of a statutory authority, which would have the ilecessary flexibility and autonomy for taking up developmental activities in the field of civil aviation 4 the recommendations of this committee have been examined in depth and it is proposed to constitute a statutory authority for the development, construction and management of domestic airports and for the provision of navigational and tele-communication facilities and air traffic control services at airports located in differen,t parts of the country 5 for the remaining four-year period of the seventh ~"ive-year plan, a sum of rs 31126 crores has been proposed for me~ting the capital expenditure pn the developmental acti~ties at the various airports this outlay can be spent more effectively with the setting up of the authority projections with regard to estimated revenue, receipts and expenditure and the internal resources likely to be generated by the proposed authority reveal that the creation of an autonomous domestic airports authority would not cause any additional financial burden or liability on the central government and would, in fact, have definite functional advantaaes· ~ - 6 it is accordingly proposed to constitute a statutory authority for the development, construction and maintenance of all the domestic air· ports and civil enclaves in the country and also for provision of air traffic, tele-communication and navigational services the act will apply in relation to all aerodromes, civil enclaves and aeronautical communi ca· tion stations, other than aerodromes to which the international airports authority act, 1971, applies, and aerodromes and airfields belongidg' to or subject to the control of any armed force of the union and win in· elude premises necessary for carrying on by the said authority, of the functions conferred on it by the act; 7 the bill seeks to achieve the above objects· 8 the notes on clauses appended to the bill explain the more im; portant provisions of the bill n~ deunj ashokgehlot the 25th august, 1985 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no a lloi3/1l85-ve, dated the 23ra august, 1985 from sbri ashok gehlot, minister -of state in the ministry of ~urism and civil aviation to the secretary-general, lok ~abha] the president, having been informed of the subject matter of the proposed bill to provide for the establishment ,of a statutory autho~itr for the management of domestic airports and air traffic services and the matters connected therewith, recommends the introduc~ion of the bill in lok sabha under article 117 (1) r:!~d with clause (1) of article 274 of the constitution and its consideration under clause (3) of article 117 of· the consti~u~od clause 1 (8); specifies the aerodromes, civil encl:we8, aeronautical ec;mmllftir:ation centres,tb which the 8nt applies c1d1lse' 2 deals" with' tbe de&mtloris qf certain expressions used in 'the but clause 3 provides for the' constitution arid incorporation of the national - airports authority under this clause, the authority will be a body corpo'tate' atld wflt' c<5l'1s1st' of a whole-time chairman, the di~torgeneral of civil aviation, ex officio memooi- arid not less than' 8' and not more than 14 members to be appointed by the central government clause 4 deals with the disqualifications for being appointed as a member of the autii!ority clause 5 provides for the term of' office of members, resignation by them and tm' circumstances in which their appointments may be terminated and filling up of casual vacancies clause 6 deals with the removal of the members on the grounds of di§qualification or on account of becoming incapable of acting or if ~e ab~ts himself without proper leave or in the opinion of the central gove~ment has abused his position n'l4use 7 deals with the eligibility of members for re-appointmant k:'lause 8 provides for the meetings of the authority for transacting b1;lsiness and the quorum at such meetings it also provides that in the absence of chairman, an other member could preside over such meetings matters coming before the authority shall be decided by majority of votes of the members present and voting ' clause 9 la~ down that any vacancy in or defect in the constitution of the authority 01 any defect in the appointment of a person as a n\'erh~ or irregularity in tlie' procedure of the authority, wm not' invalidate the procee'c:t'mgs clause 10 deals with the appointment of officers and other employees of the authority clause 11 provides that the authority shall act on business principles, clciti:sc '12'pi'6vld~ for the fun~iions of the authority it shall be the flincti~n 'of' th'e' a:~ttidi1ty' to' mlfiiage the aerddromes and· the civil enclaves ~o' wh~ch"the' a~t' appttes fit is made applicable, efficiently an ohhgatton hasbe~ casfiott·th~ authority to provide ~t 'the aerodromei, ait- trliffic setvt~gs in'clmtlng' af!t'6hau't1ea1 and flight ""!enrms ~d safety services, aeronautical and navigational aids for the safe and emcient conduct of the flights; sub-elause (3) of this clause enumerates 'in detail the various funetions to be performed by the authority cl~uge 18 provi~$ tor tae tr/ulsfer 9£ ~~ ;m~ ua:bilities qf th~' ceptral gov,ernl1)~nt to the authority all non-j;'e~~rring e;xpenditure i9:clolrret1 by the cen~l'~l governmenf for or in cql1l1ection witp the pur-- ,~ aer~romes, civil ~c~v~~s, aerona~~i,cal comijlupic~tion sta~qils, civil aviation training centre, fire services tr~ &c~poj,~o which the act applies and declared to be capital expenditure shall be treated as the capital provided by the central government to the authority cl~e 14 pw~ide:i t~ a,ny 1~nd' requi~~ by ,the al\tpptt~!-y fpr ffisc:j'mtging ¥s ,blnctions un~ the legis~tion ,shall b,e peeji?,ed to be needed fof a p)jbjic p~rpo$e ~d lan~ ip!iy be ac9u~~ fr" ;the aut~o\l'ity _r the provisions of the land acquisiton act, 1894 (lqf ~~ qr of any other corr~sponding law for the time being in force "~ ~ "" clause 15empoqrs the authority to enter i~o and pe~dnn ajly contract necessary for the dlscharge of jtlj functions ,ltu1~ tilis ~i11 cj"",,-,e 16 provides for the modes of ~cuting cootr"cts oj'! behalf of ~he authonty it has also been pi'qvi4~d in this ~luse that no l'ontract fqr "cql,lisitiqn or sale of immovable p-op,e,ty or of the lease of any &1loh pliqperty lor a tomn exceeding 30 years ijild ,1\0 otbercqntraptejf,c~~g s~qh n,l1ie ,or 8jllount as the central gq,{efpipf:1llt ~y, frqiil time to ~e, by ql'der, ax in tbis ·behalf, shl:lll ,be ~~, ;wllep it has ~n previously approved by the central government contracts 'wqioh ~re dot in acccjrdance with the provisions oy this bill, rules and the regula-tions made"iiiereunde~ sh~l1 ~e bin4in:~ ~n '!h~r autt,prify· , ' - cza/use 17 empowers the authority to charge, with the previous approval of the central government fees or rents for the landing, housmg ur marking of aircrafts "" for any other services or facility offered in connection with aircraft operations' at any aerodrome of heliport; for providing air traffic services, safety servic'3s a8rona\ltical communications and naviga'tional aids at any aerodrome, the amenities given to the passengers, etc cl4we 18 empowers the central gov~~t ~~ pj::ovide additional capital to the authority required by the a~l'lprit!' jor the discharge of its functions und':!r the act on such term, andcq"~ijp~ ,as the central guvernment may determine and also to pay to the autholrity qy w~y of , l~~qs pr ~~an~s such sums of mo~ey as ~he c~ntr~l gove!"men~ may consider ri~cessary for the etbcient discharge by ~he ,a~thority of its functions under this bill clause 19 provides that the au1hority shall have its own fund, and all its recepts should be credited thereto and all its payments should be made therefrom' the clause also provides that all moneys standing at the credit 'of the authority which cannot immediately be appji'!d shad be deposited in the state bank of india or in such scheduled bank or l¥t?~s, as l'o~y be $pecified by the c~ntral gov~j'pip,m~ clause20 provides for the establishment of reserve fund or funds for purposes of expanding existing facilities or services or cr':!ating new facilities or services at any aerodn>me or for purpose of povtding against ~jly te~porary decreas,e of revenue or ij;l~re~j!~ c?fexp!j?diturc from t~!!lsien~ causes ql' for purposes of repla~,m,~,nj: pr for meeting exp,n,di-!u~e ~!~ing from l~s or damag~ froj!l fu'~, ~yc~on,e ~!r~r~sh 9r pf,her ~ci~e;nt or for ~eetil1g aoy l~ability 8fi~~~g o,1;lt of ~ ~~t or o~~~ip~ fn the discharge dl the functions of the authority under this legislation after making provision for such reserve fund, or funds and for' bad and doubtful debts, depreciation fn assets and all other matters which are usually provided for companies registered or incorporated under the companies act, 1956 (1 of 1956)' shall pay the balance of its net profits to the central go'\7:ernment cla1t8t! 2] imposes obligation on the authority to prepare, before the commencement of' each financial 'year a statement of programmes of its 'activities during the forthcoming financial year as well as financial estimates in respect thereof not less than three months from the c~men cement of the financial year and' !;ubmit' those for approval of the central government clause 22 empowers the authority ~o invest its funds (including reserve fund) in the securities of the central government or in such other manner as may be prescribed clause 23 empowers the authority to borrow, with the consent of the central government, money from any' source by the issue of bonds' 'or debentures or such other instruments as it may deem fit for disehargin« all or any' of its functions under this bill 'nle clause lays down also the loans borrowed by the authority may be guaranteed by the central government for the repayment of the prineipai' and the payment of interest theron, clause' 24 provides for the audit of the accounts of the authorlty annually by the comptroller and auditor-general of india clause 25 imposes an obligation on the authority to p~re and submit to the central government after the end of each financial year a report ,;vin~ an account of its activities during that financial year and the activities which are likely t~ be undertaken by the authority during the next financial year~ the report so submitted by the authority to tlie central government shall be laid before the houses of par-jiament , cla1lse 26 empo~ers the authority to delegate to the chairman or any memher or to any officer of the authority such of its powe~ and functions und~r this bfll (except the rule making power) as it may deem necessary clause 27 provides for authentleatlon of the orders and other instruments of the authority ota1l!e 28 provides that the officers and employees of the authority when acting or purporting to act in pursuance of the pr-msions of this 1egislation or of any rules and regulations made th'!reunder shall be deemed to be public servants within the meaning of section 21 of the indian ppnal cndp (45 of 1000) clause 29 provides that no suit, prosecution o~ other tega1 proceeding shah lie against the authority or any member, oftlcer or other employee of the authority for anything done in good faith or intended to be done in pursuance of this bill c1o1fttp ~o imposes an obligatinn on the authority to provide by regulat:"l'ls for securing the !lafe mlstddy and restoration of any pr0-perty, whfcli, while not tn pf0get custody, is found on any premises belonging to the authority or under its overall control or in any· aircraft 'or any such premises clause 31 lays down that au for the purpose at income-tax act, 1961, the income profits or gains of the'authomy shall be liable to tax under the income-tax act, 1961 (43 of 1961) as if it were a company c14ube 32 empowers the authority to carry out on behalf of any person any works of services or any class of works or services on such terms and conditions as may be agreed upto between the authority and the person concerned clause 33 empowers the authority or any officer specially authorised by it in this behalf to issue directions consistent with the provisions mentioned in this clause of the aircraft act, 1934 and provides for the imposition of penalty for contravention of the said dir~ctions clause 34 empowers the central government to temporarily divest the authority of the management of any airport in cases where the central government is of the opinion that in the 'public interest it is necessary ok" expedient so to do and entrust the functions of the authority to any person the authority shall be given a reasonabl'! opportunity of being heard in the matter before any order is made by the central government such order divesting the authority of the management of any airport will be in operation for a period of 6 mclnths from the date on which the management of the aerodrome is entrusted to the authorised person the central government has further been empowerd to extend the said period of 6 months for a further period or periods not exceeding eighteen months clause 35 lays down the circumstances under which the authority may be superceded and the period of such supersession the clause further empowers the central government to extend the period of supersession for such further term not exceeding 6 months as it may consider necessary cjr constitute an authority during or on the expiry of the period of supersession clause 311 empowers the central government to issue directions to the authority on questions of policy and the allthority shall be bound by the directions issued in this behalf clause 37 empowers the central government to make rules for carrying out the purposes of the bill the matters in respect of which rules may be made by the central government are enumerated in detail in sub-cla"\se (2) clause 38 confers on the authority the power to make regulations not inconsistent with this bill and the rules made thereunder to provide for all matters for which provision is necessarv or expedient for the purpose of giving effect to the provisions of this bill the particular matters with respect to which regulations may be made are ~umrated in detail in sub-clause (2) and provides for imposition of penalty for contravention of the said regulation clause 39 provides that any rule and regulation made under this bill shall be laid beft,re both houses clause 40 empowers the central government to make any notitication in the official gazette within one year of the constitution of the authority any regulation which may be made by the authority under this bill the clause further provides that no regulation so made by the authority shall not have effect until it has been approved by the cell tral government and published in the official gazette clause 41 empowers the central government to make such orders as itre necessary for removal of any difficulty which may arise while giving effect to the provisions of this bill within one year from th - 'omm~ncement of this bill clause 42 seeks to amend clause (b) of sub-section (2) of section 5 of the aircraft act, 1934 (22 of 1934) to provide for penalty for failure to comply with the directions issued under this section clause 3 of the bill provides for the constitution of a national airports authority for the management of aerodromes (other than aerodromes to which the international airports authority act, 1971 applies), civil enclaves and aeronautical eommunication stations 2 under clause 13 (1) (e) of the bill, all non-recurring expenditllre incurred by the central government for or in connection with the purppses of the aerodromes, civil enclaves, aeronautical communicatiun stations civil aviation training centre and fire services training school up to the date of the formation of the authority and declared to be capital expenditure by the central government shall be treated as capital provided by the central government to the authority clause 13(1) (e) will result in the transfer of assets and property worth approximately rs 22369 crores after taking into' account the element of drpreclation the exact value of the assets to be transferrea will, h~wever, be decided by the government after detailed scrutiny of the assets and after determining the value thereof the capital assets include land and buildings (residential and non-residential), machinery and equipment including communication and navigational aids, crash fire tenders, motor vehicles, etc 3 under clause 13(1) (f) of the bill, all sums of money due to the central government in relation to these aerodromes, civil en~laves, aeronautical communication stations, civil aviation training centre and fire services trauiing school immediately before the date of the constitution of the authority shall be deemed to be due to the authority the sums of money whfch under clause 13(1) (f) shall be deemed to be due to the authority on the date of its formation cannot be estimated at this stage however, th~ annual income for the year 1985-86 on this account is estimated to be rs 5235 crores 4 clause 18 of the bill provides for the payment of additional capital, loans and grants to the authority by the central government paym~nf; of additidnal capital, grants and loans to the authority· will depend on the future requirements of the authority in the context of its development plans the expenditure that may have to be incurred by the central government from the consolidated fund of india on this account cannot be estimated at present however on the basis of proposals made in the seventh five year plan, an expenditure of rs 31126 crores is likely to be incurred during the years 1986-87 to 1989-90 on capital projects to be executed by the authority 5 clause 23(2) of the bill provides for tlie guarantees by the central government on the repayment of the principal and the ip8yment of interert, in respect of the loanls borrowed by the authority under 8ub-clause (1) of that clause the ultimate liability arising out ''if such guarantees cannot be estimated at this stage 6 the bill, if enacted and brought into operation, will not involve any other recurring or non-recurring expenditure clause 37 of the bill empowers the central government to make rules for carrying out the purposes of the proposed legislation the matters with respect to which rules may be made, have been detailed in sub-clause (2) and relate mainly to the conditions of service of the chairman and other members of the authority including the salaries payable to the chairman and to the members who are required to ren<"~cr whole-time services, and fees and allowances payable to the memben' ~equired to render part-time service; the period of notice required to t(~rminate the appointment of any member who is required to render part-time service and who js not a servant of the government and the period of notice that may be given to the central government by a member before he resigns his office; the conditions and iimitations subject to which the authority may appoint officers and other employees, the terms and conditions subject to which the non-recurring expenditure incurred by the central government have or in connection with the purposes of any aerodrome, shall be treated as a capital provided by the central government to the authority; the manner in which the authority may invest its funds and the form in which the authority shall prepare the annual statement of accounts jncluding the profit and loss account and the balancesheet these are all matters of detail and it is difficult to provide for all these jlilatters in the b~ itself 2 clause 38 -of the bill bestows power on the authorlt:v' to make regulations not inconsistent with the proposed lel{islation and the rules made thereunder, to provide for such matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the legislation the matters in respect of which the authority may make regulations, have been detailed in particular in sub-clause (2) of the clause the matt~rs, inter alia, relate to the time and places of the meetil)gs of the authority and the procedures to be followed for the transaction of business at such meetings: the conditions of service and remuneration of officers and other employees appointed by the authority, the contracts or class of contracts which are to be sealed with the common seal of the authority; the storage or processing of goods in warehouses established by the authority; the custody or restoratiori of lost property; securing the safety of aircraft vehicles and persons using the aerodrome and preventing danger to the public arising from the use and operation of the aircraft in the aerodrome; preventing of obstruction within the aerodrome for its normal functioning; prohibiting or restrictinsz access to any part of the aerodrome; preservinjt order within the aerodrome and preventin'~ dama~e to property; requlating or restricting- advertisements within the aerodrome for the efftcient and proper mal)agement of the aerudrmne; these ar~ all matten of detail and it is difficult to provide for the same in thebtll itself under sub~ clause {4) of· ela~se 38, no regulation made by the authority under -'i, ' this legislation, shall have effect until it has been approved by th~ central government and published in the official gazette 3 it has been provided in clause (40) that every rule and regulation made under this bill, shall be laid before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, for their scrutiny 4 ab the matters with respect to which rules and regulations under the aforesaid provisions are sought to be made are matters of procedure or detail or matters in respect of which it is not practicable to mark, express provision in the legislation itself, the delegation of legislative power is of a nonnal character a bill to provide for the establishment of an autliority for the management of aerodromes and civil enclaves whereat domestic air transport services are operated or are intended to be operated and of all communication stations and for matters connected therewith (shri abbok gehlot, minister of state in the ministry of tourism and civil aviation) | Parliament_bills | 704c7d28-4618-5098-b96d-f864a34df9cb |
the state bank of india (amendment) bill, 19s7(as introduced in lok sabha) the state bank of india (amendment) bill, 1951 (as introduced in lok sabha)a bill further to amend the state bank of india act, 1955 be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the state bank of india (amendment) short title act, 1957 5 23 of 1955 2 in section 21 of the state bank of india act, 1955 (hereinafter amen4ment referred to as the principal act), after sub-section (2), the following ~!sectlon sub-section shall be inserted, namely:-10 15 " (2a) the chairman ex officio shall be a member of every local board and local committee constituted under this section" 3 to section 23 of the principal act, the following proviso shall amendment be added, namely:-~~eection "provided that nothing in clause (c) shall apply to the chairman in relation to his membership of a local board or of a local committee" 4 in section 33 of the principal act,-amendment of section (1) in clause (i) ,-33 (a) after sub-clause <f>, the following sub-clause shall be inserted, namely:-"(ff) subject to such directions as may be issued by the central board, book-debts or other assets of any undertaking engaged in the financing of h~purchase transactions which are hypothecated to the state bank as security for such advances, loans or credits;"; (b) in sub-clause (h), for the words; brackets and letters "sub-clauses (f) and (g)", the words, brackets and letters "sub-clauses (f), (0) and (g)" shall be substituted; (2) after clause (x), the following clause shall be inserted, 5 namely:-"(xa) the acting as agent for the central government or any state government or any corporation in implementing any scheme for financing the construction of dwelling houses, and in advancing or lending of money from out of 10 the funds placed at its disposal as such agent by the government or corporation to any person upon such security (including the security of any immovable property) and on such terms and conditions and for such periods as may, notwithstanding anything contained in this act, be approved is' by the government or corporation by which such funds have been placed;"; (3) after clause (xix), the following clauses shall be inserted, namely:- c( (xixa) in consultation with the reserve bank and on 20 the recommendation of the central board, the subscribing to, buying, acquiring, holding or selling of any shares or debentures of any such financial institution as may be notified by the central government in this behalf; (xixb) the advancing or lending of money to persons engaged in such industries or classes of industries as may 25 be specified by the central board by directions issued in this behalf for any period in excess of six months but not exceeding seven years, and subject thereto and to such directions as may be issued by the central board, such advance or loan may be made on such terms and conditions and upon 30 such security (including the security of any immovable property) as the state bank may deem fit; (xixc) the advancing or lending of money to any cooperative housing society, all the membprs· of which are officers or employees of the state bank, and subject to such 35 directions as may be issued by the central board, such advance or loan may be made for such periods in excess of six months, on suc:;h terms and conditions and upon such security (including the security of any immovable property) as the state bank may deem fit;" 40 amendment 5 in sub-section (1) of section 42 of the principal act, for the of aec:tion word "february", the word "march" shall be substituted 42 statement of objects and reasonssome of the restrictions in the state bank of india act relating to the grant of loans and advances for periods in excess of six months and against the primary security of immovable property are sought to be removed in the bill in order to enable the bank to assist· in providing adequate medium-term finance to industries in the context of the industrial development contemplated under the second five year plan opportunity has been taken to include a few other amendments relating to the internal procedure of the bank to facilitate performance of its activities t t krishnamachari new delhi; the 16th may, 1957 extracts from the state bank of india act, 1955 no 23 of 1955 - - - - - 33 subject to the other provisions contained in this act, the state badk may carry on and transact any of the following kinds of business, namely:-otherbusiness which the state bank may transact (i) the advancing and lending of money and the opening of cash credits upon the security of-(a) - - - - - (h) fully paid shares of companies with limited liability or immovable property or documents of title r~lating thereto as collateral security only where the original security is one of those specified in sub-clauses (a) to (e) and, subject to such directions as may be issued by the central board, where the original security is one of the kinds specified in sub-clauses (i> and (g): provided that where the central government or a st~te government or any government or ,authority outside india, which the central government may approve in this behalf, may accept from the state bank any advances or loans under any law for the time being in force, the central board may, if it thinks fit, make such advances or loans without any specific security; - - - - - balance 42 (1) a general meeting (hereinafter referred to as an annual ~s~~t!tc, general meeting) shall be held at such time and at such place where ba~ may d there is a local head office of the state bank, as shall from time to :: ge!~r!tae time be specified by the central board before the end of february meeting in each year, and a general meeting may be convened by the state bank at any other time: provided that the first annual general meeting shall be held at bombay - - - - - a bill further to amend the state bank of india act, 1955 (slsri t t kmhnamddlari minuter of pinmce) | Parliament_bills | a9ededf9-d1ba-5ede-ac08-e2baca8ac7db |
bill no 63 of 2007 the all-india institute of medical sciences and the post- graduate institute of medical education and research (amendment) bill, 2007 a billfurther to amend the all-india institute of medical sciences act, 1956 and the post-graduate institute of medical education and research, chandigarh, act, 1966be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—"(1a) the director 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:510provided that any person holding office as a director immediately before the commencement of the all-india institute of medical sciences and the post-graduate institute of medical education and research (amendment) act, 2007, shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of his office or of any contract of sevice15(1b) notwithstanding anything contained in sub-section (1a), the central government shall, if it is of the opinion that it is in the public interest so to do, have the right to terminate the term of office of the director at any time before the expiry of his term by giving him a notice of not less than three months in writing or three months' salary and allowances in lieu thereof"3 in the post-graduate institute of medical education and research, chandigarh, act, 1966, in section 11, after sub-section (1), the following sub-sections shall be inserted, namely:—amendment of section 11 of act 50 of 196620"(1a) the director 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:25provided that any person holding office as a director immediately before the commencement of the all-india institute of medical sciences and the post-graduate institute of medical education and research (amendment) act, 2007, shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of his office or of any contract of service30(1b) notwithstanding anything contained in sub-section (1a), the central government shall, if it is of the opinion that it is in the public interest so to do, have the right to terminate the term of office of the director at any time before the expiry of his term by giving him a notice of not less than three months in writing or three months'salary and allowances in lieu thereof" statement of objects and reasonspresently, the appointment, terms and conditions of service of the directors of the all-india institute of medical sciences, delhi and the post-graduate institute of medical education and research, chandigarh have been regulated under the all-india institute of medical sciences act, 1956, post-graduate institute of medical education and research, chandigarh, act, 1966 and the rules framed thereunder however, in a recent order in wp(c) 8485/2007(pil), lpa no 2045/2006 and lpa no 2046/2006 announced on 2932007, the delhi high court held that the director is an employee of the institute but that the provisions of regulation 30, which prescribe the age of superannuation for non-teaching employees as sixty years and for teaching faculty as sixty-two years, does not apply for the post of director the court held that the appointment to the director's post is a "tenure appointment" and is incapable of being curtailed except for justifiable reason and with notice to the director, and that too in accordance with law2 the court has also directed the government of india and the institute's governing body to formulate a policy covering the various facets and conditions of service of its employees including the director of the institute in accordance with law and to uniformly apply such policy in the times to come3 the litigation over the tenure of the post of director at all-india institute of medical sciences has highlighted the deficiencies in the existing rules and regulations pertaining to the tenure of the directors of all-india institute of medical sciences, delhi and post-graduate institute of medical education and research, chandigarh it is imperative that the deficiencies in the existing acts, rules and regulations as have been highlighted by the order dated 2932007 of the delhi high court are rectified immediately to stem the deterioration in governance in the institute, to comply with the directions of the hon'ble high court of delhi it is, therefore, considered desirable that the tenure of office of the directors should not be left for determination through the mechanism of subordinate legislation rather it should be made a part of the all-india institute of medical sciences act, 1956 and the post-graduate institute of medical education and research, chandigarh, act, 1966 this would ensure that any modification in the tenure of the director in future would require the approval of parliament this will also strengthen the autonomous status of the institutes4 the bill seeks to achieve the above objectivenew delhi;the 7th august , 2007anbumani ramadoss ———— president's recommendation under article 117 of the constitution of india ————[copy of letter no v16020/8/2003-mei desk (pt) dated the 14th august, 2007 from dr anbumani ramadoss, minister of health and family welfare to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed all-india institute of medical sciences and the post-graduate institute of medical education and research (amendment) bill, 2007, recommends to lok sabha the consideration of the bill under article 117(3) of the constitution financial memorandumclause 2 of the all-india institute of medical sciences and the post-graduate institute of medical education and research (amendment) bill, 2007 provides for amendment of section 11 of the all-india institute of medical sciences act, 1956 to provide for term of office of five years from the date on which the director enters upon his office or until he attains the age of sixty-five years whichever is earlier the proviso to the proposed subsection (1a) further provides that any director appointed immediately before the commencenment of the act, if his appointment is inconsistent with the provision of subsection (1a) shall cease to hold office on such commencement the proposed sub-section (1b) provides that the central government shall, if it is of the opinion that in the public interest, so to do, have the right to terminate the term of office of director at any time before the expiry of his term by giving him a notice of not less than three months in writing or three months' salary and allowances in lieu thereof2 clause 3 of the bill seeks to amend section 11 of the post-graduate institute of medical education and research, chandigarh, act, 1966 with the same effect as aforesaid the bill enacted will involve expenditure from the consolidated fund of india not exceeding four lakh rupees lok sabha————abillfurther to amend the all-india institute of medical sciences act, 1956 and the post-graduate institute of medical education and research, chandigarh, act, 1966————(dr anbumani ramadoss, minister of health and family welfare)mgipmrnd—3112ls(s-5)—14082007 | Parliament_bills | fe5c956d-d2f0-5072-af99-2c957cd33d3e |
the land ports authority of india bill, 2009 ———— arrangement of clauses———— chapter i preliminary clauses1short title and commencement2definitions chapter ii the land ports authority of india3constitution of authority4disqualification for office of member5term of office and conditions of service of members6vacation of office of members7eligibility of member for re-appointment8meetings9vacancies, etc, not to invalidate proceedings of authority10officers and other employees of authority chapter iii functions of authority11functions of authority12responsibilities and powers of other agencies chapter iv property and contract13assets and liabilities to vest in authority14general effect of vesting of undertakings in authority15guarantee to be operative16compulsory acquisition of land for authority17contracts by authority18mode of executing contracts on behalf of authority chapter v finance, accounts and audit clauses19power of authority to charge fees, rent, etc20additional capital and grant to authority by central government21fund of authority and its investment22allocation of surplus funds23submission of programme of activities and financial estimates24borrowing powers of authority25accounts and audit chapter vi miscellaneous26submission of annual report27delegation28authentication of orders and other instruments of authority29officers and employees of authority to be public servants30protection of action taken in good faith31custody and disposal of lost property32power of central government to supersede authority33power of central government to issue directions34power to make rules35power to make regulations36rules, regulations and notifications to be laid before parliament37power to remove difficultiesbill no 70 of 2009 the land ports authority of india bill, 2009 a billto provide for the establishment of the land ports authority of india for the development and management of facilities for cross border movement of passengers and goods at designated points along the international borders of india and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the land ports authority of india act, 2009short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, 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 provisiondefinitions2 in this act, unless the context otherwise requires,—(a) "authority" means the land ports authority of india constituted under section 3;(b) "chairperson" means the chairperson of the authority appointed under clause (a) of sub-section (3) of section 3;(c) "immigration check post" means any port or place of departure on the land as notified under the foreigners' act, 1946;31 of 1946(d) "integrated check post" means any land port, as the central government may, by notification in the official gazette, specify;52 of 1962(e) "land customs station" means any place notified as such by the central government, under clause (b) of sub-section (1) of section 7 of the customs act, 1962 for the clearance of goods imported or to be exported by land or inland water;52 of 196231 of 1946(f) "land port" means an area on the international borders of india including portions of national highways, state highways and other roads, notified as land customs station or immigration check post under the customs act, 1962 or the foreigners' act, 1946, and includes railways, with facilities for clearance and transport of passengers and goods across the borders of india;(g) "notification" means a notification published in the official gazette; (h) "prescribed" means prescribed by rules made under this act; and (i) "regulations" means regulations made by the authority under this act chapter ii the land ports authority of indiaconstitution of authority3 (1) with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be constituted an authority to be known as the land ports authority of india(2) the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued(3) the authority shall consist of—(a) a chairperson;(b) a member (planning and development) and a member (finance); (c) not more than nine members, ex officio, to be appointed by the central government from amongst the officers, not below the rank of the joint secretary to the government of india, representing the ministries or departments of the government of india dealing with home affairs, external affairs, revenue, commerce, road transport and highways, railways, defence, agriculture and cooperation, law and justice;(d) the chief secretary or his nominee of the respective state where the integrated check posts are located;(e) the representatives, one each of traders and workers to be appointed by the central government, may be co-opted on case-to-case basis, wherever necessary; and(f) such other representatives as the central government may co-opt for functional purposes (4) the chairperson and the members referred to in clause (b) shall be appointed by the central government and shall be whole-time members(5) the chairperson shall be chosen from among persons who have special knowledge and experience in the field of transport, industry, commerce, law, finance or public administration4 a person shall be disqualified for being appointed as a member if, he—disqualification for office of member(a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the central government, involves moral turpitude; or(b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government; or(e) has in the opinion of the central government such financial or other interest in the authority as is likely to affect prejudicially the discharge by him of his functions as a member 5 (1) subject to the provisions of section 6, every whole-time member shall hold office for a period of five years from the date on which he assumes office or till he attains the age of sixty years, whichever is earlier:term of office and conditions of service of membersprovided that the central government may —(a) terminate the appointment of any whole-time member, after giving him notice of a period of not less than three months or, in lieu thereof, on payment of an amount equal to his salary and allowances, if any, for a period of three months;(b) terminate at any time the appointment of any member who is a servant of the government (2) the other conditions of service of the members shall be such as may be prescribed (3) any member may resign his office by giving notice in writing for such period as may be prescribed, to the central government and, on such resignation being notified in the official gazette by that government, such member shall be deemed to have vacated his office6 the central government shall remove a member if, he—vacation of office of members(a) becomes subject to any of the disqualifications mentioned in section 4: provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or(b) refuses to act or becomes incapable of acting; or(c) is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the authority; or(d) in the opinion of the central government, has so abused his position as to render his continuance in office detrimental to the public interest:provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter7 any person ceasing to be a member shall, unless disqualified under section 4, be eligible for re-appointmenteligibility of member for reappointmentmeetings8 (1) the authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations(2) the chairperson, or, if for any reason, he is unable to attend any meeting of the authority, any other member chosen by the members present at the meeting shall preside at the meeting(3) all questions which come up before any meeting of the authority shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the chairperson, or in his absence the person presiding, shall have and exercise a second or casting vote9 no act or proceeding of the authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the authority; orvacancies, etc, not to invalidate proceedings of authority(b) any defect in the appointment of a person acting as a member of the authority;or(c) any irregularity in the procedure of the authority not affecting the merits of the case 10 (1) for the purpose of enabling it to efficiently discharge its functions under this act, the authority shall appoint such number of officers and other employees as it may consider necessary:officers and other employees of authorityprovided that the appointment of such category of officers, as may be specified, shall be subject to the approval of the central government(2) every officer or other employee appointed by the authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations chapter iii functions of authorityfunctions of authority11 (1) subject to the provisions of this act, the authority shall have powers to develop and manage the facilities for cross border movement of passengers and goods at designated points along the international borders of india(2) without prejudice to the generality of the provisions contained in sub-section (1), the authority may—(a) plan, construct and maintain roads, terminals and ancillary buildings other than national highways, state highways and railways, at an integrated check post;(b) plan, procure, install and maintain communication, security, goods handling and scanning equipment at an integrated check post;(c) provide appropriate space and facilities for immigration, customs, security, taxation authorities, animal and plant quarantine, warehouses, cargo and baggage examination yards, parking zones, banks, post offices, communication facilities, tourist information centres, waiting halls, canteen, refreshment stalls, public conveniences, health services and such other services, as may be deemed necessary;(d) construct residential buildings for its employees as well as residential accommodation for staff deployed at integrated check posts;(e) establish and maintain hotels, restaurants and restrooms; (f) establish and maintain warehouses, container depots and cargo complexes for the storage or processing of goods;(g) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at integrated check posts;(h) make appropriate arrangements for watch and ward at various sensitive installations and provide for regulation and control of plying of vehicles, entry and exit of passengers and goods with due regard to the custom laws and the security;(i) ensure prevention and control of fire and other hazards and other facilities as deemed necessary;(j) regulate and control the plying of vehicles, and the entry and exit of passengers, transportation workers, handling agents, clearing and forwarding agents and goods at the integrated check post with due regard to the law, security and protocol of the government of india;(k) co-ordinate and facilitate the working of agencies who have been engaged to undertake various activities at the integrated check posts, in accordance with the respective law, for the time being in force;(l) develop and provide consultancy, construction or management services, and undertake operations in india and abroad in relation to an integrated check post;1 of 1956(m) form one or more companies under the companies act, 1956 or under anyother law relating to companies for efficient discharge of the functions imposed on it by this act;(n) take all such steps as may be necessary or expedient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this act;(o) set up joint ventures for the discharge of any of the functions assigned to the authority; and(p) undertake any other activity at the integrated check post in the best commercial interests of the authority (3) in the discharge of its functions under this section, the authority may consult such ministry or department of the government of india or of the state government as it deems necessary, and shall have due regard to the development of land port services and to the efficiency, economy and safety of such service(4) nothing contained in this section shall be construed as—(a) authorising the disregard by the authority of any law for the time being in force; or(b) authorising any person to institute any proceeding in respect of duty or liability to which the authority or its officers or other employees would not otherwise be subject to 12 (1) the respective border guarding forces deployed at the borders of india shall be responsible for security around an integrated check postresponsibilities and powers of other agencies(2) the authority may, whenever considered necessary so to do for ensuring the peace and security at an integrated check post, seek the assistance of armed force, central para military force or state police(3) the customs, immigration, quarantine and other officials shall co-ordinate with the authority for the effective discharge of its functions(4) notwithstanding anything contained in any provisions of this act, the customs, immigration, quarantine officials, the border guarding forces and the police shall discharge their functions in accordance with the law for the time being in force chapter iv property and contractassets and liabilities to vest in authority13 (1) on the date of notification issued under clause (d) of section 2, all such assets, rights, powers, authorities and privileges and such property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, losses and book debts and all other rights and interests arising out of such property, as immediately before the issue of that notification, were in the ownership or possession of the government of india in any of the land port, as the central government may, in such notification, specify, shall vest in the authority and such vesting shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting(2) the notification under sub-section (1) shall be issued only after the concurrence of the concerned ministries or departments of the government of india, in case where such properties are owned or controlled by such ministries or departments14 all contracts, agreements and working arrangements subsisting immediately before the date of notification issued under clause (d) of section 2, and affecting the land ports shall be of full force and effect as regards the authoritygeneral effect of vesting of undertakings in authority guarantee to be operative15 any guarantee given for or in favour of land customs stations or immigration check posts with respect to a loan, lease or finance shall continue to be operative in relation to such stations or check posts which have been vested in the authority by virtue of this act48 of 1956compulsory acquisition of land for authority16 any land required by the authority for the discharge of its functions under this act shall be deemed to be needed for a public purpose and such land may be acquired for the authority under the provisions of the national highways act, 1956 or any other law for the time being in forcecontracts by authority17 subject to the provisions of section 18, the authority shall be competent to enterinto and perform any contract necessary for the discharge of its functions under this actmode of executing contracts on behalf of authority18 (1) every contract on behalf of the authority, shall be made by the chairperson or such officer of the authority as may be generally or specially empowered in this behalf by the authority and such contracts as may be specified, in the regulations, shall be sealed with the common seal of the authority:provided that no contract exceeding such value or amount as the central government may, by order fix in this behalf, shall be made unless it has been previously approved by the central government:provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the central government may, by order fix in this behalf, shall be made unless it has been previously approved by the central government(2) subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this act shall be such as may be provided by regulations(3) any contract which is not in accordance with the provisions of this act and the rules and regulations made thereunder shall not be binding on the authority chapter v finance, accounts and audit19 the authority may with the previous approval of the central government, determine and charge such fees or rent, not being a statutory levy under any other act, as may be provided by regulations, separately for each integrated check post,—power of authority to charge fees, rent, etc(a) for the cargo handling, warehousing, parking of trucks or for any other service or facility offered in connection with transport operations;(b) for the parking of passenger vehicles and other amenities given to the passengers and visitors; and(c) for the availing of facilities and other services provided by the authority20 the central government may, after the appropriation made by parliament by law in this behalf,—additional capital and grant to authority by central government(a) provide any capital that may be required by the authority for the discharge of its functions under this act or for any purpose connected therewith on such terms and conditions as that government may determine;(b) pay to the authority, on such terms and conditions as the central government may determine, by way of loans or grants such sums of money as that government may consider necessary for the efficient discharge of its functions under this act 21 (1) the authority shall establish its own fund and all receipts of the authority shall be credited thereto and all payments by the authority shall be made therefromfund of authority and its investment(2) the authority shall have the power, subject to the provisions of this act, to spend such sums as it thinks fit to cover all administrative expenses of the authority or for purposes authorised by this act and such sums shall be treated as expenditure out of the fund of the authority(3) all moneys standing at the credit of the authority which cannot immediately be applied as provided in sub-section (2), shall be—(a) deposited in the state bank of india or any such scheduled bank or banks or other public financial institutions subject to such conditions as may, from time to time, be specified by the central government;(b) invested in the securities of the central government or in such manner as may be prescribed2 of 1934explanation—in this sub-section "scheduled bank" has the same meaning as in clause (e) of section 2 of the reserve bank of india act, 1934allocation of surplus funds22 (1) the authority may, from time to time, set apart such amounts as it thinks fit, asa reserve fund or funds for the purpose of expanding existing facilities or services or creating new facilities or services at any integrated check post or increase of expenditure from transient causes or for purposes of replacement or meeting expenditure arising from loss or damage due to any natural calamity or accident or meeting any liability arising out of any act of omission or commission in the discharge of its functions under this act:provided that the authority shall also have the power to establish specific reservesfor specific purposes:provided further that the sums set apart annually in respect of each or any of thespecific and general reserves and the aggregate at any time of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the central government1 of 1956(2) after making provision for such reserve fund or funds and for bad and doubtfuldebts, depreciation in assets and all other matters which are usually provided for by companies registered and incorporated under the companies act, 1956, the authority shall pay the balance of its annual net profits to the central government23 the authority shall, before the commencement of each financial year prepare a statement of the programme of its activities during the forthcoming financial year as well as financial estimate in respect thereof and submit it for the approval of the central governmentsubmission of programme of activities and financial estimatesborrowing powers of authority24 (1) the authority may, with the consent of the central government or in accordancewith the terms of any general or special authority given to it by the central government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this act(2) the central government may guarantee in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans taken by the authority under sub-section (1)(3) subject to such limits as the central government may, from time to time, lay down, the authority may borrow temporarily by way of overdraft or otherwise, such amount as it may require for discharging its functions under this actaccounts and audit25 (1) the authority shall maintain proper accounts and other relevant records andprepare an annual statement of accounts including the profit and loss account and the balance-sheet in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india (2) the accounts of the authority shall be audited annually by the comptroller and auditor- general of india and any expenditure incurred by him in connection with such audit shall be reimbursed to him by the authority(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor- general has in connection with the audit of government accounts and, in particular shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the authority(4) the accounts of the authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament chapter vi miscellaneoussubmission of annual report26 (1) the authority shall, as soon as may be, after the end of each financial year,prepare and submit to the central government in such form as may be prescribed, a report giving an account of its activities during that financial year and the report shall also give an account of the activities which are likely to be undertaken by the authority during the next financial year(2) the central government shall cause such report to be laid before both houses ofparliament, as soon as may be, after it is submitteddelegation27 the authority may, by general or special order in writing, delegate to the chairpersonor any other member or to any officer of the authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act, (except the powers under section 35) as it may deem necessary28 all orders and decisions of the authority shall be authenticated by the signature of the chairperson or any other member authorised by the authority in this behalf and all other instruments executed by the authority shall be authenticated by the signature of an officer of the authority authorised by it in this behalfauthentication of orders and other instruments of authority 45 of 186029 all officers and employees of authority shall, while acting or purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal codeofficers and employees of authority to be public servantsprotection of action taken in good faith30 no suit, prosecution or other legal proceeding shall lie against the authority or any member or any officer or other employee of the authority for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereundercustody and disposal of lost property31 subject to such regulations as the authority may make in this behalf, the authority shall provide for securing the safe custody and restoration of any property which, while not in proper custody, is found on any premises belonging to the authority or under its overall control32 (1) if, at any time, the central government is of opinion—(a) that on account of a grave emergency, the authority is unable to discharge the functions and duties imposed on it by or under the provisions of this act; orpower of central government to supersede authority(b) that the authority has persistently defaulted in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of default the financial position of the authority or the administration of an integrated check post has deteriorated; or(c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the authority for such period, not exceeding six months, as may be specified in the notification:provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the central government shall give a reasonable opportunity to the authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the authority(2) upon the publication of a notification under sub-section (1) superseding the authority,—(a) all the members shall, as from the date of supersession, vacate their offices as such;(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority, shall until the authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the central government may direct; and(c) all property owned or controlled by the authority shall, until the authority is reconstituted under sub-section (3), vest in the central government(3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may,—(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary, or(b) reconstitute the authority by fresh appointment and in such case the members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: provided that the central government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section(4) the central government shall cause a notification issued under sub-section (1)and a full report of any action taken under this section and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunity33 (1) without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties 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:power of central government to issue directionsprovided that the authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section(2) the decision of the central government whether a question is one of policy or not shall be final(3) the central government may, from time to time, issue directions to the authority regarding the discharge of any functions by it under the clauses of sub-section (2) of section 11 and the authority shall be bound to comply with such directionspower to make rules34 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for—(a) the other conditions of service of members of the authority under subsection (2) of section 5;(b) the period of notice as may be given by any member to resign his office under sub-section (3) of section 5;(c) the manner in which the authority may invest the funds under clause (b) of sub-section (3) of section 21;(d) the form in which the annual statement of accounts shall be prepared by the authority under sub-section (1) of section 25;(e) the form in which a report giving an account of its activities shall be prepared and submitted by the authority to the central government under sub-section (1) of section 26; and(f) any other matter which is to be, or may be, prescribedpower to make regulations35 (1) the authority may, with the previous approval of the central government, make regulations not inconsistent with this act and the rules made thereunder for the purpose of giving effect to the provisions of this act(2) without prejudice to the generality of the foregoing power, such regulations may provide for—(a) the time and places of meetings of the authority and the procedure to be followed for transaction of business including the quorum at such meetings under sub-section (1) of section 8;(b) the conditions of service and the remuneration of officers and other employees to be appointed by the authority under sub-section (2) of section 10;(c) the contracts which are to be sealed with the common seal of the authority under sub-section (1), and the form and manner in which a contract may be made by the authority under sub-section (2) of section 18;(d) the fees and rent to be charged by the authority under sub-section (1) of section 19;(e) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto under section 31rules, regulations and notifications to be laid before parliament36 every rule and every regulation made or notification issued 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, regulation or notification, as the case may be, or both houses agree that the rule, regulation or notification, as the case may be, should not be made or issued, the rule, regulation 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, regulation or notificationpower to remove difficulties37 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by general or special 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 the removal of the difficulty:provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this act(2) every order made under this section shall as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsthere are several designated entry and exit points on the international borders of the country through which cross-border movement of persons, goods and traffic takes place good border management is mandated by india's security concerns and, to this end, it is important to put in place systems, which address security imperatives while also facilitating trade and commerce existing infrastructure available with customs, immigration, other regulatory agencies and auxiliary services at these designated entry and exit points are generally not sufficient the regulatory and support functions are also not available either under one roof or in any integrated manner there is no single agency responsible for coordinated functioning of various government authorities and service providers2 it is, therefore, proposed to establish integrated check posts at entry and exit points on the international land borders of the country through a plan scheme the integrated check posts shall be a sanitised zone with dedicated passenger and cargo terminals comprising adequate customs and immigration facilities, security and scanning equipments, health and quarantine facilities, passenger amenities like waiting areas, restaurants, rest rooms, dutyfree shops, parking, warehousing, container yards, offices of transport and logistics companies, banks and financial services, dormitories for drivers, and all related facilities like service stations and fuel stations, in a single complex equipped with state-of-the-art modern amenities3 the land ports authority of india bill, 2009 aims to establish the land ports authority of india to undertake the construction, management and maintenance of integrated check posts the authority would, inter alia, plan, develop, construct, manage and maintain integrated check posts, regulate the functions of various agencies working at such check posts, coordinate with various ministries and departments concerned of the government of india and other agencies for regulating the entry and exit of passengers and goods and establish necessary service facilities4 the bill seeks to achieve the aforesaid objectivesnew delhi;p chidambaramthe 3rd august, 2009 ———— president's recommendation under article 117 of the constitution of india[copy of letter no 11012/9/2006-bmv/icp dated 382009 from shri p chidambaram, minister of home affairs to the secretary-general, lok sabha]the president, having been informed of the subject mater of the land ports authority of india bill, 2009 to provide for the establishment of the land ports authority of india for the development and management of facilities for cross border movement of passengers and goods at designated points along the international borders of india and for matters connnected therewith or incidental thereto, recommends the introduction of the bill under article 117(1) and its consideration under article 117(3) of the constitution, in lok sabha notes on clausesclause 1 provides for short title of the bill, its commencement and application it provides that the bill shall apply to all integrated check posts where facilities for cross border movement of passengers and goods at designated points along the international borders of india are operated or intended to be operatedclause 2 defines the various expressions used in the bill clause 3 seeks to constitute the land ports authority of india and provides for its compositionclause 4 provides for disqualification for being appointed as a member to the authority clause 5 provides for the term of office and conditions of service of members of the authorityclause 6 deals with the removal of members of the authority on the grounds mentioned in sub-clauses (a) to (d) of that clauseclause 7 deals with the eligibility condition for a member for his re-appointment to the authorityclause 8 seeks to make provisions for the meetings of the authority for transaction of its business and the quorum at such meetingsclause 9 lays down the circumstances, which shall not invalidate the proceedings of the authorityclause 10 seeks to provide for appointment of officers and other employees of the authorityclause 11 provides for the functions of the authority the authority shall, inter alia, plan, develop and manage the facilities for cross border movement of passengers and goods at designated points along the international borders of india sub-clause (2) of this clause enumerates in detail the various functions to be performed by the authorityclause 12 provides for the responsibilities and powers of other agencies such as the respective border guarding forces, customs, immigration, quarantine and other officials, etc, who shall coordinate with the authority for the effective discharge of its functions at the integrated check postclause 13 seeks to make provisions for vesting in the authority such undertakings as may be notified by the central government in the official gazette sub-clause (2) of this clause provides that the concurrence of concerned ministries and departments of the government of india shall be obtained before issuing the notification under sub-clause (1) in case where such properties are owned or controlled by such ministries or departmentsclause 14 provides for the general effect of vesting of the undertakings as regards the authority, before the date of notification issued under sub-clause (d) of clause 2clause 15 lays down that any guarantee given for or in favour of land customs stations or immigration check posts with respect to a loan, lease or finance shall continue to be operative in relation to such stations or check posts which have been vested in the authorityclause 16 provides that any land acquired by the authority for discharge of its functions under the bill shall be deemed to be needed for a public purpose and the same may be acquired for the authority under the provisions of the national highways act, 1956 (48 of 1956) or any other law for the time being in forceclause 17 empowers the authority to enter into and perform any contract necessary for the discharge of its functions under the billclause 18 seeks to provide for the mode of executing contracts on behalf of the authorityclause 19 seeks to empower the authority with the previous approval of the central government, to charge such fees or rent other than a statutory levy being charged under any other act by providing in the regulations separately for each integrated check postclause 20 empowers the central government to provide additional capital to the authority for the discharge of its functions on such terms and conditions as the central government may determine and also to pay to the authority by way of loans or grants such sums of money as the central government may consider necessaryclause 21 provides that the authority shall have its own fund, and all its receipts shall be credited thereto and all the payments shall be made therefrom sub-clause (3) of this clause also provides that all moneys standing at the credit of the authority which cannot immediately be applied shall be deposited in the state bank of india or any such scheduled bank or other public financial institution as may be specified by the central governmentclause 22 seeks to provide for reserve fund or funds for purposes of expanding existing facilities or services or creating new facilities or services at any integrated check post or increase of expenditure from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage due to any natural calamity or accident or meeting any liability arising out of any act of omission or commission in the discharge of functions of the authority under the bill it also empowers the authority to establish specific reserves for specific purposesclause 23 seeks to provide that the authority shall prepare and submit to the central government before the commencement of each financial year, a statement of the programme of its activities during the forthcoming financial year as well as financial estimates in respect thereof for approvalclause 24 seeks to empower the authority to borrow with the consent of the central government, money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this bill the clause also lays down that the loans borrowed by the authority may be guaranteed by the central government for the repayment of principal and payment of interest thereonclause 25 provides for the audit of the accounts of the authority annually by the comptroller and auditor-general of indiaclause 26 seeks to provide that the authority shall prepare and submit to the central government after the end of each financial year, a report giving an account of its activities during that financial year and the report shall also give an account of the activities which are likely to be undertaken by the authority during the next financial year the report so submitted by the authority to the central government shall be laid before both houses of parliamentclause 27 seeks to empower the authority to delegate to the chairperson or to any other member or to any officer of the authority such of its powers and functions under the bill, except the power to make regulations, as it may deem necessaryclause 28 seeks to provide for authentication of the orders and other instruments of the authorityclause 29 provides that the officers and employees of the authority while acting or purporting to act in pursuance of the provisions of the bill or of any rule or regulation made thereunder, shall be deemed to be public servants within the meaning of section 21 of the indian penal code (45 of 1860)clause 30 seeks to protect the authority or any member or any officer or other employee of the authority for anything done in good faith or intended to be done in pursuance of the billclause 31 seeks to provide for securing the safe custody and restoration of any property which while not in proper custody, is found on any premises belonging to the authority or under its overall control, subject to such regulations as the authority may make in this behalfclause 32 lays down the circumstances in which the authority may be superseded by the central government the clause further empowers the central government to extend the period of supersession for such further term not exceeding six months as it may consider necessaryclause 33 seeks to empower the central government to issue directions to the authority on questions of policy and the authority shall be bound to comply with such directionsclause 34 seeks to provide for making of rules for carrying out the provisions of the bill the matters in respect of which rules may be made by the central government are enumerated in detail in sub-clause (2) of this clauseclause 35 seeks to confer powers on the authority to make regulations not inconsistent with this bill and the rules made thereunder for giving effect to the provisions of this bill with the previous approval of the central government the particular matters with respect to which regulations may be made are enumerated in sub-clause (2) of this clauseclause 36 provides for laying of every rule, regulation and notification under the bill, before each house of parliamentclause 37 seeks to empower the central government to make orders, not inconsistent with the provisions of this bill, for removal of any difficulty in implementation of the provisions of the bill, within two years from the date of commencement of the bill it further provides that every such order made by the central government shall be laid before each house of parliament financial memorandumclause 3 of the bill provides for the constitution of the land ports authority of india for the development and management of facilities for cross border movement of passengers and goods at designated points along the international borders of india and to perform the functions specified in clause 112 clause 20 of the bill provides for the payment of additional capital and loans or grants to the authority by the central government payment of additional capital and loans or grants to the authority will depend on the future requirements of the authority in the context of its development plans the expenditure that may have to be incurred by the central government from the consolidated fund of india on this account cannot be estimated at present however, on the basis of proposals made in the 11th five year plan, an expenditure of rs 635 crores is likely to be incurred during the said period on capital projects to be executed by the authority3 clause 24 (2) provides that the central government may guarantee in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to loans taken by the authority under sub-section (1) while the quantum of liability likely to arise out of such guarantees cannot be estimated at this stage, the consideration of such guarantees shall be governed by the provisions of fiscal responsibility and budget management act and rules and other government rules relevant to the subject as applicable from time to time4 the bill, if enacted and brought into operation, will not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 34 of the bill empowers the central government to make rules for carrying out the provisions of the bill the matters, with respect to which rules may be made, have been detailed in sub-clause (2) the matters, inter alia, relate to the other conditions of service of members of the authority, period of notice required to be given by any member to resign his office, the manner in which the authority may invest its funds, the form in which the authority shall prepare the annual statement of accounts and also the form in which a report giving an account of its activities shall be prepared and submitted to the central government2 clause 35 of the bill empowers the authority to make regulations not inconsistent with the bill and the rules made thereunder, for the purpose of giving effect to the provisions of the bill, with the prior approval of the central government the matters with respect to which the authority may make regulations have been detailed in sub-clause (2) the matters, inter alia, relate to providing for the time and places of meetings of the authority and the procedure to be followed for the transaction of business including quorum at such meetings, the conditions of service and the remuneration of officers and other employees appointed by the authority, the contracts which are to be sealed with the common seal of the authority and the form and manner in which a contract may be made by the authority, the fees and rent to be charged by the authority for the services and facilities offered by it, the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto clause 36 provides that every rule and regulation made or notification issued under the bill shall be laid before each house of parliament3 the matters in respect of which rules and regulations may be made are essentially matters of detail or procedure the delegation of legislative power is, therefore, of a normal character————abillto provide for the establishment of the land ports authority of india for the developmentand management of facilities for cross border movement of passengers and goods atdesignated points along the international borders of india and for mattersconnected therewith or incidental thereto———— | Parliament_bills | 5ed95de9-e8e2-5fae-b5eb-678cdb54b2da |
bill no 122 of 2011 the enforcement of security interest and recovery of debts laws (amendment) bill, 2011 a billfurther to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 and the recovery of debts due to banks and financial institutions act, 1993be it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the enforcement of security interest and recovery ofdebts laws (amendment) act, 2011short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:10provided that different dates may be appointed for different provisions of this actand 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 provision chapter ii amendments to the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002amendment of section 254 of 200252 in section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereafter in this chapter referred to as the principal act), in clause (c), after sub-clause (iv), the following sub-clause shall be inserted, namely:—"(iva) a multi-state co-operative bank; or"amendment of section 9103 in section 9 of the principal act, after clause (f), the following clause shall be inserted, namely:—"(g) to convert any portion of debt into shares of a borrower company:provided that conversion of any part of debt into shares of a borrower company shall be deemed always to have been valid, as if the provisions of this clause were in force at all material times" 4 in section 13 of the principal act,—15amendment of section 13(a) in sub-section (3a), for the words "within one week", the words "within fifteen days" shall be substituted;(b) after sub-section (5), the following sub-sections shall be inserted, namely:—20"(5a) where the sale of an immovable property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less than such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured creditor in this behalf, to bid for the immovable property on behalf of the secured creditor at any subsequent sale25(5b) where the secured creditor, referred to in sub-section (5a), is declared to be the purchaser of the immovable property at any subsequent sale, the amount of the purchase price shall be adjusted towards the amount of the claim of the secured creditor for which the auction of enforcement of security interest is taken by the secured creditor, under sub-section (4) of section 1310 of 194930(5c) the provisions of section 9 of the banking regulation act, 1949shall, as far as may be, apply to the immovable property acquired by secured creditor under sub-section (5a)"5 in section 14 of the principal act,—amendment of section 14(a) in sub-section (1), the following provisos shall be inserted, namely:—35"provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that—(i) the aggregate amount of financial assistance granted and the total claim of the bank as on the date of filing the application;40(ii) the borrower has created security interest over various properties and that the bank or financial institution is holding a valid and subsisting security interest over such properties and the claim of the bank or financial institution is within the limitation period;(iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii)above;45(iv) the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount;(v) consequent upon such default in repayment of the financialassistance the account of the borrower has been classified as a nonperforming asset;5(vi) affirming that the period of sixty days notice as required by theprovisions of sub-section (2) of section 13, demanding payment of thedefaulted financial assistance has been served on the borrower;10(vii) the objection or representation in reply to the notice receivedfrom the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower;15(viii) the borrower has not made any repayment of the financialassistance in spite of the above notice and the authorised officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of the principal act;(ix) that the provisions of this act and the rules made thereunder had been complied with:20provided further that on receipt of the affidavit from the authorised officer, the district magistrate or the chief metropolitan magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets:25provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any district magistrate or the chief metropolitan magistrate, as the case may be, on the date of commencement of this act";(b) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) the district magistrate or the chief metropolitan magistrate may authorise any officer subordinate to him,—30(i) to take possession of such assets and documents relatingthereto; and(ii) to forward such assets and documents to the secured creditor";35(c) in sub-section (3), after the words "the district magistrate", the words "any officer authorised by the chief metropolitan magistrate or district magistrate" shall be inserted 6 after section 18b of the principal act, the following section shall be inserted, namely:—insertion of new section 18c right to lodge a caveat40"18c (1) where an application or an appeal is expected to be made or has been made under sub-section (1) of section 17 or section 17a or sub-section (1) of section18 or section 18b, the secured creditor or any person claiming a right to appear before the tribunal or the court of district judge or the appellate tribunal or the high court, as the case may be, on the hearing of such application or appeal, may lodge a caveat in respect thereof45(2) where a caveat has been lodged under sub-section (1),—(a) the secured creditor by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1);5(b) any person by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1)10(3) where after a caveat has been lodged under sub-section (1) any application or appeal is filed before the tribunal or the court of district judge or the appellate tribunal or the high court, as the case may be, the tribunal or the district judge or the appellate tribunal or the high court, as the case may be, shall serve a notice of application or appeal filed by the applicant or the appellant on the caveator15(4) where a notice of any caveat has been served on the applicant or the appellant, he shall periodically furnish the caveator with a copy of the application or the appeal made by him and also with copies of any paper or document which has been or may be filed by him in support of the application or the appeal(5) where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of the period of ninety days from the date on which it was lodged unless the application or appeal referred to in sub-section (1) has been made before the expiry of the said period"20amendment of section 237 in section 23 of the principal act, after the proviso, the following proviso shall be inserted, namely:—25"provided further that the central government may, by notification, require registration of all transactions of securitisation, or asset reconstruction or creation of security interest which are subsisting on or before the date of establishment of the central registry under sub-section (1) of section 20 within such period and on payment of such fees as may be prescribed" 8 after section 26 of the principal act, the following section shall be inserted, namely:—insertion of new section 26a"26a (1) the central government, on being satisfied—30rectification by central government in matters of registration, modification and satisfaction, etc35(a) that the omission to file with the registrar the particulars of anytransaction of securitisation, asset reconstruction or security interest or modification or satisfaction of such transaction or; the omission or mis-statement of any particular with respect to any such transaction or modification or with respect to any satisfaction or other entry made in pursuance of section 23 or section 24 or section 25 of the principal act was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors; or(b) that on other grounds, it is just and equitable to grant relief,40may, on the application of a secured creditor or securitisation company or reconstruction company or any other person interested on such terms and conditions as it may seem to the central government just and expedient, direct that the time for filing of the particulars of the transaction for registration or modification or satisfaction shall be extended or, as the case may require, the omission or mis-statement shall be rectified45(2) where the central government extends the time for the registration of transaction of security interest or securitisation or asset reconstruction or modification or satisfaction thereof, the order shall not prejudice any rights acquired in respect of the property concerned or financial asset before the transaction is actually registered"9 for section 30 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 30cognizance of offences5"30 (1) no court shall take cognizance of any offence punishable under section27 in relation to non-compliance with the provisions of section 23, section 24, or section 25 or under section 28 or section 29 or any other provisions of the act, except upon a complaint in writing made by an officer of the central registry or an officer of the reserve bank, generally or specially authorised in writing in this behalf by the central registrar or, as the case may be, the reserve bank10(2) no court inferior to that of a metropolitan magistrate or a judicial magistrateof the first class shall try any offence punishable under this act"10 after section 31 of the principal act, the following section shall be inserted, namely:—"31a (1) the central government may, by notification in the public interest, direct that any of the provisions of this act,—15(a) shall not apply to such class or classes of banks or financial institutions;orinsertion of new section 31a power to exempt a class or classes of banks or financial institutions(b) shall apply to the class or classes of banks or financial institutionswith such exceptions, modifications and adaptations as may be specified in the notification2025(2) a copy of every notification proposed to be issued under sub-section (1),shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses" chapter iii amendments to the recovery of debts due to banks and financial institutions act, 19933051 of 1993amendment of section 211 in the recovery of debts due to banks and financial institutions act, 1993,(hereafter in this chapter referred to as the principal act), in section 2, in clause (d), after sub-clause (v), the following sub-clause shall be inserted, namely:—"(vi) a multi-state co-operative bank;"| 12 ||------------------------------------------------------------------------------------|| 35 || amendment || of section 18 || 39 of 2002 || 40 || "provided that any proceedings in relation to the recovery of debts due to any || multi-state co-operative bank pending before the date of commencement of the || enforcement of security interest and recovery of debts laws (amendment) act, || 2011 under the multi-state co-operative societies act, 2002 shall be continued and || nothing contained in this section shall, after such commencement, apply to such || proceedings" |13 in section 19 of the principal act,—amendment of section 194539 of 2002(a) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) every bank being, multi-state co-operative bank referred to in subclause (vi) of clause (d) of section 2, may, at its option, opt to initiate proceedings under the multi-state co-operative societies act, 2002 to recover debts, whether due before or after the date of commencement of the enforcement of the security interest and recovery of debts laws (amendment) act, 2011 from any person instead of making an application under this chapter539 of 200210(1b) in case, a bank being, multi-state co-operative bank referred to in sub-clause (vi) of clause (d) of section 2 has filed an application under this chapter and subsequently opts to withdraw the application for the purpose of initiating proceeding under the multi-state co-operative societies act, 2002 to recover debts, it may do so with the permission of the tribunal and every such application seeking permission from the tribunal to withdraw the application made under sub-section (1a) shall be dealt with by it as expeditiously as possible and disposed off within thirty days from the date of such application:15provided that in case the tribunal refuses to grant permission for withdrawal of the application filed under this sub-section, it shall pass such orders after recording the reasons therefor"; (b) after sub-section (20), the following sub-section shall be inserted, namely:—20"(20a) where it is proved to the satisfaction of the tribunal that the claim of the applicant has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties or where the defendant has repaid or agreed to repay the claim of the applicant, the tribunal shall pass orders recording such agreement, compromise or satisfaction of the claim"amendment of section 3114 in section 31 of the principal act, after the proviso, the following proviso shall be inserted, namely:—2539 of 2002"provided further that any recovery proceedings in relation to the recovery of debts due to any multi-state co-operative bank pending before the date of commencement of the enforcement of security interest and recovery of debts laws (amendment) act, 2011 under the multi-state co-operative societies act, 2002, shall be continued and nothing contained in this section shall apply to such proceedings" statement of objects and reasonsthe securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 was enacted with a view to regulate securitisation and reconstruction of financial assets and enforcement of security interest and for matters connected therewith or incidental thereto the aforesaid act enables the banks and financial institutions to realise long-term assets, manage problems of liquidity, asset liability mis-match and improve recovery by exercising powers to take possession of securities, sell them and reduce non-performing assets by adopting measures for recovery or reconstruction the said act further provides for setting up of asset reconstruction companies which are empowered to take possession of secured assets of the borrower including the right to transfer by way of lease, assignment or sale and realise the secured assets and take over the management of the business of the borrower2 at present, under the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (a) the reconstruction companies or securitisation companies do not have the facility to convert their debt into equity in cases of business reconstruction or rehabilitation or revival as required under section 9 of the said act; (b) the banks and financial institutions find it difficult to meet the requirement of considering the representations from borrowers and communicate their response within a period of seven days as required under section 13 of the said act ; (c) even though the banks, as secured creditors, are empowered to sell the securities to realise the defaulted loans, they are not empowered to accept the property in full or partial satisfaction of the claim against the defaulted borrower, if no bidder comes to bid or banks are unable to find a buyer for such assets as per the provisions of section 13 of the said act ; (d) there is no provision enabling the banks or persons to file a caveat petition against the application filed by the defaulted borrower before the debts recovery tribunal under section 18 of the said act 3 it is proposed to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 , inter alia, provides for the following, namely:—(a) provide for conversion of any part of debt into shares of a borrower company and such conversion shall be deemed always to have been valid as if the provisions of said conversion were in force at all material times;(b) include the multi-state co-operative banks in the definition of 'bank' under clause (c) of section 2 of the said act; (c) increase the period of response to be sent by the banks or financial institutions to the representation of the borrower from seven days to fifteen days;(d) empower the banks or financial institutions to accept the immovable property in full or partial satisfaction of the claim of the bank against the defaulting borrower;(e) enable the banks or any person to file a caveat so that before granting any stay, the bank or such person is heard by the debts recovery tribunal;(f) provide for registration of transactions of securitisation, reconstruction or creation of security interest in the central registry, which are subsisting on or before the establishment of central registry and also to give powers to the central government to extend time for filing of such transaction with the central registry 4 the recovery of debts due to banks and financial institutions act, 1993 was enacted with a view to provide for the establishment of debts recovery tribunals for expeditious adjudication and recovery of debts due to banks and financial institutionsto ensure expeditious adjudication and recovery of dues of banks and financial institutions, remove legal anomalies and strengthen the recovery tribunals, the said act was amended in the years 1995, 2000 and 2004 the measures of recovery through the debts recovery tribunal are not available to multi-state co-operative banks in order to provide an additional and effective recovery mechanism to multi-state co-operative banks, it is considered necessary to give an option to the multi-state co-operative banks either to initiate proceedings for recovery of its debts under the multi-state co-operative societies act, 2002 or the debts recovery tribunal under the recovery of debts due to banks and financial institutions act, 19935 it is also proposed to amend the recovery of debts due to banks and financial institutions act, 1993 , inter alia, provides for the following, namely:—(a) to include the multi-state co-operative banks in the definition of 'bank'under clause (d) of section 2 of the said act;(b) to permit the multi state co-operative banks, with respect to debts due before or after the commencement of the proposed legislation, to opt either to initiate proceedings under the multi-state co-operative societies act, 2002 or to initiate the proceedings before the debts recovery tribunal;(c) to enable the banks and financial institutions to enter into settlement or compromise with the borrower and also to empower the debts recovery tribunal to pass an order acknowledging such settlement or compromise;(d) to provide that the recovery proceedings pending before the commencement of the enforcement of security interest and recovery of debts laws (amendment) act, 2011 in relation to recovery of debts due to any multi-state co-operative bank shall be continued in the same manner as the proposed amendments had not come into force 6 the bill seeks to achieve the above objects pranab mukherjeenew delhi;the 30th november, 2011 memorandum regarding delegated legislationclause 7 of the bill provides for amendment of section 23 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 empowering the central government to require, by notification, registration of all transactions of securitisation or asset reconstruction or creation of security interest which are subsisting on or before the 31st march, 2011 namely the date of establishment of central registry2 the matters in respect of which the notification may be issued by the central government is a matter of procedural and administrative detail and it is not practicable to provide for them under the bill itself the delegation of the legislative power is, therefore, of a normal character annexure extracts from the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002(54 of 2002) chapter iii enforcement of security interest13 (1)enforcement of security interest(3a) if, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate within one week of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower:provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the debts recovery tribunal under section 17 or the court of district judge under section 17a14 (1) (3) no act of the chief metro politan magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any authoritychief metropolitan magistrate or district magistrate to assist secured creditor in taking possession of secured asset cognizance of offence30 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act ———— extract from the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993)definitions2 in this act, unless the context otherwise requires,— (d) "bank" means—(v) a regional rural bank;————— abillfurther to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 and the recovery of debts due to banks and financial institutions act, 1993—————(shri pranab mukherjee, minister of finance) | Parliament_bills | 0d6c480a-ce6b-5aa4-b6d9-ae3ee852ceaa |
~)1 - 8 hay 1!8j bill no 72 of issi --• 7 ~ 'the cine-workers welfare fund bill, 1981 a billto provide jor the financing of activities to promote the welfare of certain cine-workers be it enacted by parliament in the thirty-second year of the republic of india as follows:-1 (1) this act may be called the cine-workers welfare fund act, 1981 {z) it extends tc the whole of india 5 ,(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 37 of 1952 10 short title, extent and commencement 2 in this act, unless the context otherwise requires,-deflnl-- --(0) "cinematograph film" has the same meaning as in the c'inetions matograph act, 1952; (b) "cine-worker" means an individual-(0 who has been employed, directly or through any contractor or in any other manner, in or in connection with the 15 20 proc\uctio~ of not less than five feature films to work as an artiste (including actor, musician or dancer) or to 'do any work, skilled, unskilled, manual, su/?ervisory, technical, artistic or otherwise; and (ii) whose remuneration with respect to such employment in or in connection with the production of each of any five feature fllids, has not exceeded, where such remuneration has been by way of monthly wages, a sum of one thousand rupees per month, and where euch remuneration has been by way of a lump sum, a sum of five thousand rupees; ! \)\:~:) "(c) "feature film" means a full length cinematograph film produced wholly or partly in india with a format and a story woven arounn a number of characters where the plot is revealed mainly through dialogues and not wholly through narration, animation or cartoon depiction and does not include an advertisement film; 5 (d) "f'und" means the cine-workers welfare fund formed under section 3; (e) "prescribecl" means prescribed by rules made under this i\ct; i (1) ''qroducer'' in relation to a feature film, means the person 10 by whom arrangements necessary for the making of such film (including the!! raising of fin::nce and engaging cine-workers for such film-making) are undertaken 3 there shall be formen a fund to be called the cine-workers welfare fund, and there shall be credited thereto-15 cineworkers welfare fund (a) such amoun'ts as the central government may, rlfter due appropriatiod made by parliament by law in this behalf, provide from out of the proceeds of the duty of excise credited under section 5 of 'the cine-workers welfare cess act, 1981, after deducting therefrom the cost of collection as determined by the central government under 20 this ad; (b) any grtlflts made to the fund by the central governmen~; any money received as donations for the purposes of this (c') i\ct; (d) any income from investment of the amounts in the fund 25 application of fund 4 (1) the fund shall be applied by the central government to meet the f' xpenditure incurred in connection with measures and facilities which, in tho opinion of that government, are necessary or expedient to promote the welfare of cine-workers; and, in particular,-(a) to defray the cost of such welfare measures or facilities for the 30 benefit of cine-workers as may be decided by the central government; (ib) to provide assistance in the form of grants or loans to indigent cine-workers; (c) to sanctioll any money in aid of any scheme for the welfare of the cine-workers which is approved by the central government; s~ (d) to meet the allowances, if any, of the memben ai the advisory committees and the central advisory committee contituted under sections 5 ar 6 respectively and the salaries and allowances, if any, of persons appointed under section 8; - " (e) any oth~r expenditu\"e which the central gol'ei'ilnit!nt may 40 direct to be defrayed from the fund (2) the central government shall have power to decide whether any particular expenditure is or is not debitable to the fund, and its decision shall be final 5 (1) the central govemment may constitute as many advisory com- 45 mitten as it thiaks fit to advise the central govel'ddlent on such matters arising out of the administration of this act as may be refened to it by that government includinj[ matters reiatinr to the ad_atiod rtf the fund (8) eech advisory committee shall cciiosist of such number of persons as may be appointed to it by the central goverdment and' the mf-mbcrs shall-be chosen in such manner as may be prescribed: - provided that each advisory committee shall include an equal num-5 ber of ' members representing the government, the cine-workers and the producers (3) the chairmrn of each advisory committee shall be appointed by the central government (4) the central government shall publish in the official gazette the 10 nqmes of the members of every advisory committee central advisory committee 6 (1) the central government may constitute a central advisory committee to co-ordinate the work of the advisory committees constituted under section 5 and to advise the central government on any matter arising out of the administration of this art 15 (2) the central arivisory committee shall consist of eleven membet's appointed by the central government and the members shall be chosen in such manner as may be prescribed: provided that the central arivisory committee shall 'inclurle at least three members representing the government, the cine-workers and the 20 producers (3) the chairman of the central advisory committee shall be appointed bv the central government (4) the central government shall publish in the official gazette the names of the members of the central advisory committee 25 '1 (1) i\n af1vi"ory cnmmittpe 01" flp {"~,tral ftdvisorv con'lmittee mav at any time and fo such nembd as it thinks fit, co-opt any llerson or persons to the advisory committee power to co-opt, etc (2) a person cc-opterl und<'r sub-sertion (1) ~hall exercise all the powers and functions of a member under this art but shall not he 30 entitled to vote (3) an advisory committee or the central advisorv committee may if it considers it necessary or expedient so to do, invite any person to attend its meeting and when surh person flttends anv meeting, he shall not be entitlerl t(' vote thereat 35 8 (1) the central nov-rnment mav anpoint a~ mal1v wf"lfare commi"ion~r"l w lfar admin,"tplltop'i jnsnpctl\r'l and '1urh otj,el' om rs and staff as it thinks necessary for the purposes or this ad and the cine-wo-kers we!fare cess act, 1981 (2) tit centrri government may hv ~eneral o· "me ial opder dired a 40 welfare commi~'oner to "ppoint such staff as is i)nside d np~es~ary for the purposes of this ad and the cine-workers welfat'e cess act, 1981 45 of 1860 appoint_ ment of welfare commissioners, etc, and their powers '(3) 'every person aopoin~d under this section sftau,be deemed to be a public servant within the meaning of section 21 of the indian penal code i 45 (4) any welfare commissioner may,-(0) 'with' such assistl'ln('e, if anv a~ he mav think flt enter at any ~asonable time anv u1ace which he consirters it nel"essarv to e'ltpr for·'cat'm'inq out the purpospr of this act and the cine-workers we!lfate ces~' act, 1981; (b) do within such place anything necessary for the proper discharge of his duties; and (c) exercise such other powers as may be prescribed 9 the central government shall, as soon as may be, after the end of each financial year, cause to be published in the official gazette, a report 5 giving an account of the activities financed under this act during tht!! financial year, together with a statement of acc<yuilts 1>0 the central government may require a producer to furnish, for the purposes of this act, such statistical and other information in such form and within such period as may be prescribed 10 11 (1) the central government may, by notification in the offioial gazette, make rules for carrying out the provisions of this act annual report of activities financed under the act power to call for intorma-j tion power to make rules (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 for the [5 measures and facilities specified in su~section (1) of section 4; (b) the conditions governing the grant of any loan under clause (b) of sub-section (1) of section 4; (c) the composition of the advisory committees and the central advisory committee constituted under sections 5 and 6 respec- lzo tively, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the advisory committees and the central advisory committee shall cond\lct their business; (d) the:' recruitment, conditions of service and the duties of all lz5 persons appointed under section 8; i (e) the powers that may be exercised by a welfare commissioner, a welfare administrator and an inspector appointec1 under section 8; (f) the furnishing to the central government by a producer of 30 !iluch statistical and other information as may be required to be ~ furnished under section 10; i (g) the fonn in which and the period within which the statistical and other information are to be furnished under clause (i>; (h) any other matter which has to be, or may be, pre,scribed 35 bv rules under this act (3) in making any rule under clause (f) or clause '(q) of sub-section -(2), the central government may direct that a breach thereot shall be punishable with fine which mav extend to two thouqand rupees, (4) every rule made under this section shall be laid, as soon as may 40 be after it is made, before each house of parliament, while it is in se~"fon" for ii total period of thirty days which mav be comprised in one session or in two ('r more successive sessions, and if, before the expiry of the session immediately followinll the session or the successive sessions aforemid both houses ajn'ee in maldnll any modification in the rule or 45 both houses agree that the rule should not be made, the rule shall thereafter have effect only in sueh modified form or be of no effect, as the case mav be; s6, however, that anv such modification or annulment shah be without prejudice to the validity of anything previously done undfl'l" that rul" ' 1 '- --',--, ~ ~ statement of objects and reasonswelfllre measur€'s' to· meet the needs of indigent cine-artistes are not av'tdla:ble cine-artistes, like artistes in other performing arts, wither owing to changes in styles and trends and due to ageing there are c88es where artistes who have won great fame and recognition for their creative talents have fallen into utter poverty and distress in order to provide assistance in cases of extreme hardsl,ip and for taking up related welfare measures for the persons employed in the film industry, it is proposed to establish a cine-workers welfare fund the duty of excise levied on feature films under the provisions of the cine-workers vlelf,re ces9 bill, 1001 after deducting the cost of co11eclion, would be credited to the proposed fund provision has also been made in th~ bill for the making of grants to the fund by the central government and for the receipt of donations to the fund 2 the fund is intended to provide assistance to cine-workers in need and to take up welfare schemes for the benefit of such workers the purposes for which money from the fund can be spent, have been mentioned in clawle 4: of the bill it is proposed to administer the fund in consultation with advisory committees which will be set up in the principal film production centres power is being taken by the central government to set up a central advisory committee to co-ordinate the activities of the state advisory committees to ensure their effective functioning :1 the bill is intended to achieve the above objects n e'\' delhi; the 30th april, 1981 vasa nt sathe president's recommendation under article 117 of the constitution of india[copy of letter no ~/3/74-fpc vol iv, dated the 30th april, 1981 from shri vasant sathe, minister of information and broadcasting to the secretary, lok sabha] the president having been infonned of the subject-matter of the cine-workers welfare fund bill, 1981 here"v recommends under article 117 (3) of the constitution, the consideration by lok sabha of the said bill • financial memorandumunder clause 3 of the bill, an amount equivalent to the ~ of the duty of excise collected under the cine-workers welfa1le cess bill, 19fh (reriuced by the cost of collectioil) shall, after due approprjatic'n made by parliament by law, be cl'edited to a fund, to be called the "cine-workers welfare fund" 2 clause 4 of the bill specifies the purposes for which the money from the cine-workers welfare fund can be spent clause 5 provides for the constitution of advisory committees, clause 6 provides for the constitution of a central advisory committee to co-ordinate the work of the advisory committees and clause 8 provides for the appointment of welfare commissioners, welfare administrators, inspectorlc; and such other officers and stfff for the purposes of this bill and the cine-workers welfare cess bill, 1981 allowances have to be paid to the members of the advisory committees and the central advisory committee, including co-opted members and special invitees and salaries and allowances have to be paid to the welfare commissioners, welfare administrators, lnspectors and other officers ~nd staff appointed under clause '8 it is estimated that the expenditure is not likely to exceed rs 1'25 lills per annum, being approximately 16 per cent of the total anticipated cess which has been estimated to be of the otder of rs 7:5 lakhs 3 the bill doef; not involve any other expenditure whether of a recurring or non-recurring nature memorandum r£garding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legislation the matters in respect of which such rules may be made are specified in that clause they, inter alia, relate to the manner in which the fund may be applied for the meas'ures and facilities specified in clause 4 of the bill, the conditions goventing the grant" of any loan from the fund, the compo:>ition of the advisory committees and the central advisory committee constituted under the provisions of the bill, the tenn of office of the members of such committees, the recruitment, conditions of service and the duties of a welfare commissioner, welfare administrator and inspectors appointed under the provisions of the legislation and certain other matters the matters with respect to which rules may be made are matters of procedure or detail 2 the delegation of legislative power is, therefore, of a normal character a bill to provide for the financing of activities to promote the welfare of certain cine-workers | Parliament_bills | 1e89ba0c-8176-5b30-b2a0-2fc7e9e98c4d |
the paramedical and physiotherapy central councils bill, 2007———— arrangement of clauses———— chapter ipreliminary clauses1short title, extent and commencement2definitions chapter ii the central council and their committees3constitution of central councils4term of office and casual vacancy5cessation of membership6resignation by member7removal and vacation of membership8meetings of central council9vacancy, etc, not to invalidate proceedings of central council10power to associate persons with central council for particular purposes11committees of central council12functions of central council13appointment of secretary, officers and other employees of central council14secretary to act as chief executive officer of central council15authentication of orders and other instruments of central council16approval of central government for imparting education17recognition of education18scheme of reciprocity for recognition of foreign qualifications19minimum standards of education20furnishing of information by university or institution to central council regarding education21appointment of inspectors22withdrawal of recognition chapter iii the register23register of paramedics and physiotherapist24entry of name in register clauses25professional conduct and removal of names from register26procedure in inquiries relating to misconduct27re-entry in register28appeal against order made by central council chapter iv finance, accounts and audit29payment by central government30fund of central council31budget32annual report33accounts and audit chapter v miscellaneous34prohibition in employment as paramedic or physiotherapist by clinical establishment 35penalty for violation of provisions of this act36penalty for practising as professional by non-professional37punishment for dishonest use of certificates, etc38cognizance of offences39directions by central government40protection of action taken in good faith41power to make rules42power to make regulations43rules and regulations to be laid before parliament44power to remove difficulties bill no 96 of 2007 the paramedical and physiotherapy central councils bill, 2007 a billto provide for the constitution of central councils of the paramedical (medical laboratory technology), paramedical (radiology technology) and the physiotherapy, the coordinated development in the education of paramedical and physiotherapy with a view to regulating and maintaining standards of such education, maintenance of register of paramedics and physiotherapists and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the paramedical and physiotherapy central councils act, 2007short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification, appoint; and different dates may be appointed for constitution of different central councils and for different provisions of this actdefinitions2 (1) in this act, unless the context otherwise requires,—(a) "central council" means the central council of, paramedical (medical laboratory technology) or paramedical (radiology technology) or physiotherapy, as the case may be, constituted under section 3;(b) "education" means programmes of education, research or training or such other programmes or areas as the central government may, in consultation with the paramedical (medical laboratory technology) central council or the paramedical (radiology technology) central council or the physiotherapy central council, as the case may be, by notification, declare in the discipline of medical laboratory technology, or radio diagnosis or radiotherapy or nuclear medicine or physiotherapy;(c) "fund" means the fund of a central council established under section 30; (d) "institution" means any institution, by whatever name called, established by law for imparting education under this act;(e) "medical laboratory technician" means a person whose name has been entered in the register of the paramedical (medical laboratory technology) central council;(f) "medical laboratory" means a laboratory for diagnostic, therapeutic and research purposes being manned by qualified technical personnel;(g) "member" means a member, of the paramedical (medical laboratory technology) central council or the paramedical (radiology technology) central council or the physiotherapy central council, as the case may be, and includes its chairperson and the vice-chairperson;(h) "notification" means a notification published in the official gazette; (i) "nuclear medicine" means any kind of diagnostic and therapetutic procedure involving unsealed ionising radiation source;(j) "occupational therapist" means a person whose name has been entered in the register of the physiotherapy central council;(k) "occupational therapy" means medically directed application of diagnosis, or treatment, or both, of persons with the aim of preventing disability and maintaining health;(l) "paramedic" means a person whose name has been entered in the registers of the paramedical (medical laboratory technology) central council and paramedical (radiology technology) central council;(m) "paramedical" means the medical laboratory technology and the radiology technology;(n) "physiotherapist" means a person whose name has been entered in the register of the physiotherapy central council;(o)"physiotherapy" means medically directed therapy through physical agents including heat, cold, light, water, massage, electricity or manual exercises to persons with the aim of preventing or correcting any disability and includes occupational therapy;(p) "prescribed" means prescribed by rules made under this act; (q) "radiodiagnosis" means any kind of diagnostic procedures involving ionising radiation (x-rays);(r) "radiology technician" means a person whose name has been entered in the register of the paramedical (radiology technology) central council;(s) "radiotherapy" means any kind of thereapeutic procedure involving sealed ionising radiation sources;(t) "register" means the register maintained under sub-section (1) of section 23;(u) "regulations" means regulations made under this act;3 of 1956(v) "university" means a university defined under clause (f) of section 2 of the university grants commission act, 1956 and includes an institution declared to be a deemed university under section 3 of the said act (2) any reference in this act of 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 the central councils and their committees3 (1) the central government shall, by notification, constitute, for the purposes of this act—constitution of central councils(a) the physiotherapy central council,(b) the paramedical (medical laboratory technology) central council, and (c) the paramedical (radiology technology) central council(2) each central council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued(3) the head office of each central council shall be at such place as may be determined, by notification, by the central government and a central council may, with the previous approval of the central government, establish regional offices at other places in india(4) every central council shall consist of the following members, namely:—(a) the chairperson, to be appointed by the central government from amongst the members of the concerned central council;(b) the vice-chairperson, to be appointed by the central government from amongst the members of the concerned central council;(c) one officer not below the rank of an assistant director general of the directorate general of health services in the ministry of health and family welfare dealing with the physiotherapy or medical laboratory technology or radiology technology, as the case may be;(d) one officer of the ministry or the department of the central government having administrative control of health not below the rank of a deputy secretary to the government of india, dealing with the physiotherapy or medical laboratory technology or rediology technology, as the case may be;(e) one member not below the rank of a deputy secretary to the government of india to be appointed by the central government to represent the ministry of finance;(f) one member not below the rank of a deputy secretary to the government of india to be appointed by the central government to represent the ministry of science and technology;(g) one member not below the rank of a deputy secretary to the government of india to be appointed by the director general, armed forces medical services to represent the ministry of defence;(h) four members not below the rank of a deputy secretary to the government of india to be appointed by the central government to represent,—(i) the central board of secondary education; (ii) the university grants commission;(iii) all india council of technical education; and (iv) the medical council of india;(i) four members to be appointed by the central government from amongst the teachers of the recognised institutions imparting education in physiotherapy or medical laboratory technology or radiology technology, as the case may be;(j) not less than three members to be appointed by the central government by rotation in the alphabetical order to represent the states and one member to represent the union territories:provided that an appointment under this clause shall be made on the recommendation of the government of the state, or as the case may be, the union territory concerned;(k) four members to be appointed by the central government, respectively, from amongst the practitioners in physiotherapy, occupational therapy, medical laboratory technology and radiology technology;(l) four members to be appointed by the central government to represent such organisations which can represent the interest of physiotherapy, occupational therapy, medical laboratory technology and radiology technology4 (1) a member of a central council shall hold office for a term of five years from the date of his appointmentterm of office and casual vacancy(2) a member shall be deemed to have vacated his office if, in the opinion of thecentral council, he is absent without sufficient excuse, from three consecutive ordinary meetings of the central council, or he ceases to be a member under section 5(3) a casual vacancy in the central council shall be filled by fresh appointment and the person so appointed to fill the vacancy shall hold office only for the remainder of the term of the member in whose place he has been appointed(4) a member of the central council shall be eligible for reappointmentcessation of membership5 (1) a member appointed by the central government under clauses (c) to (i) of subsection (4) of section 3 shall cease to be a member of the central council on his cessation to the service by virtue of which he was appointed as a member of the central council(2) a member appointed by the central government under clause (k) of sub-section(4) of section 3 shall cease to be a member of the central council on removal of his name from the register of said councilresignation by member6 a member appointed by the central government under clauses (a), (b) and (h) to (l)of sub-section (4) of section 3 may at any time resign his membership by writing under his hand addressed to the central government:provided that a member who has submitted his registration under this section shallcontinue to hold office of the central council until his resignation has been accepted by the central governmentremoval and vacation of membership7 (1) a central council may, without prejudice to the provisions of sub-section (2),by a majority of its total membership and a majority of not less than two-thirds of its members present and voting, at any time recommend removal of a member to the central government, if it is satisfied that for any reason the continuance of that member in that council is not in the public interest or is prejudicial to the interest of said council and the decision of the central government in this regard shall be final(2) the central government shall remove a member of the central council, if he—(a) has been convicted for an offence involving moral turpitude; or(b) is declared an undischarged insolvent by the competent court; or (c) becomes of unsound mind and is declared so by the competent court; or (d) refuses to act or becomes incapable of acting as a member; or (e) has absented without intimation for three consecutive meetings of said council; or(f) has abused the position of the chairperson, the vice-chairperson or a member, as the case may be, as to render his or her continuance in the office detrimental to the public interest: provided that no person shall be removed under clauses (a), (d), (e) and (f) unless he has been given an opportunity of being heardmeetings of central council8 (1) each central council shall meet at such time and place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum at such meetings, as may be determined by regulations:provided that the central council shall meet at least once every year (2) the chairperson and in his absence the vice-chairperson shall preside at the meetings of the central council(3) if for any reason the chairperson and the vice-chairperson both are unable to attend any meeting of the central council, any other member chosen by the members present at the meeting shall preside over the sittings of that meeting(4) all questions which come up before any meeting of the central council shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the person presiding shall have and exercise a second or casting vote9 no act or proceeding of the central council shall be invalidated merely by reason of—(a) any vacancy in, or any defect in the constitution of, said council; orvacancy, etc, not to invalidate proceedings of central council(b) any defect in the appointment of a person acting as a member of said council;or(c) any irregularity in the procedure of that central council not affecting the merits of the case10 (1) each central council may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may require in carrying out any of the provisions of this actpower to associate persons with central council for particular purposes(2) a person associated with the central council under sub-section (1) for any purpose shall have a right to take part in the discussion relevant to that purpose, but shall have no right to vote at a meeting of said council, and shall not be a member for any other purposecommittees of central council11 (1) each central council shall, as soon as may be, constitute from among its members an executive committee, disciplinary committee, or any other committee as may be determined by regulations, for such general or specific purposes as it consider necessary, for carrying out its functions under this act(2) the composition, tenure and functions of a committee shall be such as may be determined by regulations(3) every committee constituted under this section shall chose its own chairperson:provided that—(a) where the chairperson is a member of such committee, he shall be the chairperson of such committee, and in his absence, the vice-chairperson, if he is a member of such committee, shall be its chairperson; and in the absence of both, any member chosen by the members of that committee shall be its chairperson;(b) where the chairperson is not a member of such committee but the vice-chairperson is a member, he shall be its chairperson, and in his absence any member chosen by the members of the committee shall be its chairpersonfunctions of central council12 (1) it shall be the duty of each central council to take such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of its standards(2) in particular and without prejudice to the generality of the foregoing power, the functions of the central council shall include—(a) entry, removal or re-entry of names in the register; (b) maintenance of a register of persons qualified to practise in the respective discipline;(c) determination of standards of education, training, research, professional conduct or ethics of paramedics or physiotherapists, as the case may be;(d) to receive gifts, grants, donations or benefactions from the central government or a state government and to receive bequests, donations and transfer of movable or immovable properties from testators, donors or transferors, as the case may be;(e) exercise of disciplinary powers conferred by this act; and (f) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the said council13 (1) for the purpose of discharging its functions efficiently under this act, each central council shall, subject to such regulations as may be made in this behalf, appoint a secretary, officers and other employees, as it may consider necessary:appointment of secretary, officers and other employees of central councilprovided that the first secretary of each central council shall be appointed by the central government on such terms and conditions as that government may deem fit and each such secretary shall hold office for a period of three years(2) the secretary, officers, or other employees appointed by the central council shall be subject to such conditions of service and entitled to such remunerations as may be determined by regulations14 the secretary appointed under sub-section (1) of section 13 shall be the chief executive officer of a central councilsecretary to act as chief executive officer of central councilauthentication of orders and other instruments of central council15 all orders and decisions of a central council shall be authenticated by the signature of the chairperson, or any other member authorised by the said council in this behalf, and all other instruments issued by the said council shall be authenticated by the signature of the chief executive officer or any other officer of the said council authorised by the said council in this behalf16 on and from the date specified in the notificaiton, as may be issued by the central government, no unviersity or institution shall impart educaiton for the purposes of this act without seeking prior approval of the said governmentapproval of central government for imparting educationrecognition of education17 (1) the central government, after consulting the central council, may, by notification, from time to time, declare the education granted by any university or institution to be the recognised qualifications for the purposes of this act(2) the university or institution whose education has not been notified by the central government under sub-section (1), may apply to the said government for reviewing its decision:provided that the central government may reject the application made under subsection (2) for reasons to be recorded in writing(3) the central government, after consulting the central council, may, by notification, relax education for persons who are practising as paramedics or physiotherapist, including occupational therapists on or before the date specified under section 1618 the central government, after consulting the central council, may, by notification make a scheme of reciprocity for the purpose of recognition of foreign qualifications in the relevant discipline for the purposes of this actscheme ofreciprocity for recognition of foreign qualifications19 each central council may, determine by regulations, the minimum standards of education required for granting recognised qualifications by the universities or institutionsminimum standards of education20 any university or institution imparting education shall furnish information to the central council regarding course of study, duration of course, scheme of examination and other eligibility conditions as the respective central council may, from time to time requirefurnishing of information by university or institution to central council regarding education21 (1) each central council may appoint such number of inspectors as it may deem fit to deal with recognition of its education in any university or institutionappointment of inspectors(2) an inspector may—(a) inspect any university or institution which imparts education;(b) attend at any approved examination; and (c) inspect any university or institution which has applied for the recognition of its course of study or examination under this act, and attend at any examination of such university or institution (3) an inspector while performing his functions under sub-section (2) shall not interfere with the conduct of the examination but he shall report to the central council on the adequacy of standards of education including staff, equipment, accommodation, training and other facilities for giving such education or the sufficiency of every examination which he attends and on any of the matters in regard to which the said council may require him to report(4) the central council shall forward a copy of every such report to the university or institution, as the case may be, and shall also forward a copy together with any comments thereon which the said university or institution may have made, to the central governmentwithdrawal of recognition22 (1) where a central council reports to the central government that an approved course of study or an approved examination does not continue to be in conformity with the regulations, the central government shall give notice to the concerned university or institution of its intention to take into consideration the question of withdrawing of recognition accorded to the course of study or examination, as the case may be, and the said university or institution, as the case may be, shall within three months from the receipt of such notice forward to the central government such representation in the matter as it may deem proper chapter iii the register23 (1) each central council shall maintain a register and enter names in it of paramedics or physiotherapists, as the case may be, in the manner determined by regulationsregister of paramedics and physiotherapist(2) subject to the other provisions of this act, any person possessing educaiton asnotified by the central government under section 17 or section 18, shall be eligible to have his name entered in the register of the central council and to obtain certificate of practice from it(3) no person shall be entitled to practise under this act unless his name is entered in the register of respective central councils:provided that the name of any person possessing the education as notified under section 17 by the central government shall be deemed to have been entered in the register from the date of such notification if he has made an application for entering his name in the register within six months from the coming into force of such notification or till his application is disposed of by the said councilentry of name in register24 (1) each central council may, on receipt of an application made by any person inthe manner and on payment of such fee, not exceeding one thousand rupees, as may be determined by regulations, enter his name in the register if the said council is satisfied that such person possesses the education(2) any person whose name has been entered in the register shall be entitled to be called the physiotherapist or occupational therapist, or the medical laboratory technician, or the radiology technician, as the case may be(3) the central council may refuse to enter the name of any person in the register for reasons to be recorded in writing and in the manner determined by regulations25 (1) each central council shall determine by regulations the standards of professional conduct and etiquette and a code of ethics for the practitioners under this actprofessional conduct and removal of names from register(2) the regulations made by the central council under sub-section (1) may specify asto which violations thereof shall constitute professional misconduct, and such provisions shall have effect notwithstanding anything contained in any other law for the time being in force(3) the central council may by order remove the name of a person from the register, maintained under sub-section (1) of section 23, where it is satisfied, after giving that person a reasonable opportunity of being heard, and after such further inquiry, if any, as it may deem fit to make,—(i) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact;(ii) that he has been convicted of any offence or has been guilty of misconduct in any professional respect, or has violated the standards of professional conduct and etiquette or the code of ethics determined under sub-section (1) which, in the opinion of the said council, renders him unfit to be kept in the register (4) an order under sub-section (3) may specify that any person whose name is ordered to be removed from the register shall be ineligible for registration under this act either permanently or for such period, as may be specifiedprocedure in inquiries relating to misconduct26 (1) where on receipt of information by, or on a complaint made to it, the central counicl is prima facie of opinion that any paramedic or physiotherapist has been guilty of any professional or other misconduct, the said council shall refer the case to the disciplinary committee constituted under section 11, and the disciplinary committee shall thereupon hold such inquiry and in such manner as may be determined by regulations and shall report the result of its inquiry to the said council(2) if on receipt of such report, the central council finds that a paramedic or physiotherapist, as the case may be, is not guilty of any professional or other misconduct, it shall record its finding accordingly and direct that the proceedings shall be filed, or the complaint shall be dismissed, as the case may be(3) if on receipt of such report the central council finds that a paramedic or physiotherapist, as the case may be, is guilty of any misconduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics prescribed under this act, it shall proceed against such person in accordance with the provisions of sub-sections (3) and (4) of section 25explanation—for the purposes of this section, "paramedic" or "physiotherapist"includes the person who was a paramedic or a physiotherapist on the date of the alleged misconduct, although he has ceased to be so at the time of inquiry5 of 1908(4) for the purposes of any inquiry under this section, the central council and its disciplinary committee shall have 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 himon oath;(b) the discovery and production of any document; and (c) receiving evidence on affidavitsre-entry in register27 the central council may re-enter the name of a person whose name has not been removed permanently from the register under sub-section (4) of section 25, by an order, in such manner and on payment of such fee, not exceeding one thousand rupees, and after satisfying such conditions and requirements as may be determined by regulations28 (1) where a central council under this act has,—(a) refused to enter the name of any person in the register; or(b) ordered to remove the name of any person from the register,appeal against order made by central councilsuch person may appeal to the central government within thirty days from the date of receipt of the order of the said council by him in the manner as may be prescribed:provided that the central government may entertain such appeal after the expiry of said period of thirty days if it is satisfied that for sufficient reasons such person could not file the appeal(2) the central government shall dispose of the appeal preferred under sub-section(1) according to procedure as may be prescribed(3) the decision of the central government under sub-section (2) shall be final chapter iv finance, accounts and auditpayment by central government29 the central government may, after due appropriation made by the parliament by law in this behalf, pay to each central council in each financial year such sums as may be considered necessary for the performance of functions of each central council under this actfund of central council30 (1) each central council shall have its own fund, and all sums which may, fromtime to time, be paid to it by the central government and all the receipts of a central council (including any sum which any state government or any other authority or person may handover to a central council) shall be credited to the fund and all payments by a central council shall be made therefrom(2) all money belonging to the fund shall be deposited in such banks or invested insuch manner as may, subject to the approval of the central government, be decided by the central council(3) each central council may spend such sums as it thinks fit for performing itsfunctions under this act, and such sums shall be treated as expenditure payable out of the fund of the central councilbudget31 each central council shall prepare, in such form and at such time each year as maybe prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central governmentannual report32 each central council shall prepare once every year, in such form and at such timeas may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before both houses of parliamentaccounts and audit33 (1) each central council shall cause to be maintained such books of account andother books in relation to its accounts in such form and in such manner as may, in consultation with the comptroller and auditor-general of india, be prescribed(2) each central council shall, as soon as may be, after closing its annual accounts prepare a statement of accounts in such form, and forward the same to the comptroller and auditor-general of india by such date, as the central government may, in consultation with the comptroller and auditor-general, determine(3) the accounts of each central council shall be audited by the comptroller and auditor-general of india at such times and in such manner as he thinks fit(4) the accounts of each central council as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament chapter v miscellaneous34 no clinical establishment, such as hospital, nursing home and other institutions of health care, shall appoint any person as paramedic or physiotherapist unless his name has been entered in the register of the concerned central councilprohibition in employment as paramedic or physiotherapist by clinical establishment35 any person who acts in contravention of the provisions of this act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one lakh rupees, or with bothpenalty for violation of provisions of this act penalty for practising as professional by nonprofessional36 any person whose name has not been entered or whose name is not deemed to have been entered in the register of the central council under this act and is practising as a paramedic or physiotherapist, as the case may be, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to twenty thousand rupees, or with both37 any person—(i) who dishonestly makes use of his entry in the register under the provisionsof this act; orpunishment for dishonest use of certificates, etc(ii) who dishonestly attempts to practise under provisions of this act by makingor producing or causing to be made or produced any false or fraudulent declaration or representation whether in writing or otherwise; or(iii) who wilfully makes false representation in any matter relating to the registerunder the provisions of this act; or(iv) whose name has been removed from the register wilfully practises as aparamedic or physiotherapist, as the case may be,shall be punishable with simple imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or both; and for any subsequent offence, with imprisonment which may extend to three years, or with fine which may extend to twenty thousand rupees, or with bothcognizance of offences38 no court shall take cognizance of any offence under this act unless upon complaint made by order of, or under authority from the central government or the central councildirections by the central government39 (1) the central government may, from time to time, issue such directions to a central council as in the opinion of said government are conducive for the fulfilment of the objects of this act and in the discharge of its functions, that central council shall be bound to carry out any such directions(2) directions issued under sub-section (1) may include directions to a central council to make any regulations or to amend or revoke any regulations already made(3) if, in the opinion of the central government, a central council has persistently committed default in giving effect to the directions issued under this section, the central government may, after giving an opportunity to the said central council to state its case, by order, dissolve the central council whereafter a new central council shall be constituted in accordance with the provisions of this act with effect from such date as may be notified by the central government(4) where the central government passes an order under sub-section (3) dissolving the central council, it may, pending the constitution of a new central council in accordance with the provisions of this act, authorise any person or body of persons to take over the management of the affairs of the said council and to exercise such functions as may be specified in this behalf by the central governmentprotection of action taken in good faith40 no suit, prosecution or other legal proceeding shall lie against the central government, central council, or the chairperson, vice-chairperson, members, secretary or any officer or other employees of the central council in respect of anything which is in good faith done or intended to be done in pursuance of this actpower to make rules41 (1) the central government may, by notification, make rules to carry out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner of filing an appeal under sub-section (1) of section 28;(b) the procedure to dispose of appeal under sub-section (2) of section 28; (c) the form and the time for preparation of budget of the central council undersection 31;(d) the form and the time for preparation of annual report of the central councilunder section 32;(e) the form and the manner of maintenance of books of account under section 33; and(f) any other matter which is required to be or may be prescribedpower to make regulations42 (1) each central council may, with the previous approval of the central government, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the time, place, procedure and quorum of the meeting of the central council under sub-section (1) of section 8;(b) the manner and purpose for associating persons with the central council under sub-section (1) of section 10;(c) the composition, tenure and function of committees under section 11;(d) the appointment, conditions of service and remuneration of the secretary, officer and other employees under section 13;(e) the minimum standards of education required for granting recognised qualifications under section 19;(f) the maintenance of register under sub-section (1) of section 23; (g) the manner and payment for fee for entry of name in the register under subsection (1) of section 24;(h) the manner for refusing to enter the name in the register under sub-section (3)of section 24;(i) the standards of professional conduct and etiquette and code of ethics under sub-section (1) of section 25;(j) the manner to hold inquiry by the disciplinary committee under sub-section (1)of section 26; and(k) the manner, payment of fee, conditions and requirement of re-entry of the name in the register under section 27rules and regulations to be laid before parliament43 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationpower to remove difficulties44 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, may make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament statement of objects and reasonsin order to keep pace with the advancement of medical science and development of new diagnostic and therapeutic techniques, there has been a quantum jump in the demand for paramedical personnel and physiotherapists/occupational therapists this has resulted in the establishment of a large number of institutions and centres for the training of these professionals, many of which are run without any supervision and control as to the quality and standard of education2 maintenance of proper standards in the training and education of paramedical professions is considered essential as these personnel play a crucial role in healthcare delivery with a view to regulating these professions, it is considered necessary to set up councils on the lines already existing for pharmacy, nursing, etc to begin with, it is proposed to set up separate councils for medical laboratory technicians, radiology technicians and physiotherapists/occupational therapists these councils will be responsible, inter alia, for maintenance of uniform standards of education in the respective disciplines and registration of qualified personnel for practising the profession3 the bill seeks to achieve the above objectsnew delhi;anbumani ramadossthe 9th august, 2007 ———— president's recommendation under article 117 of the constitution of india ————[copy of letter no z 28016/1/97-pms, dated the 22nd august, 2007 from dr anbumani ramadoss, minister of health and family welfare to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed paramedical and physiotherapy central councils bill, 2007, recommends to the house the consideration of the bill under article 117(3) of the constitution notes on clausesclause 2 seeks to define various words and expressions used in the bill clause 3 provides for the constitution of three central councils as bodies corporate with perpetual succession and a common seal and also for the appointment of members to those councilsclause 4 proviees for terms of office of members of the central councils and also for filling up their casual vacanciesclause 5 seeks to provode for the cessation of membership of central councils clause 6 seeks to provide for resignation by a member of a central council clause 7 seeks to provide for the manner of removal of a member of a central council clause 8 seeks to provide for the time, place and the procedure to be followed in the meeting of a central councilclause 9 seeks to provide that the acts and proceedings of central councils shall not be invalidated by reason of any vacancies, defect in the constitution of the central council, defect in the appointment of a member or any irregularity in its procedureclause 10 seeks to empower the central councils to associate with it persons for particular purposes who shall have a right to take part in discussin but no right to voteclause 11 seeks to empower central councils to constitute committees for general or specific purposes and also provide for the composition, term and the functions of such committeesclause 12 seeks to provide for functions of a central council clause 13 seeks to provide for appointment of the secretary, officers and other employees of the central council and also for remunerations and conditions of service of the secretary, officers and other employeesclause 14 seeks to provide that the secretary shall act as the chief executive officer of a central councilclause 15 seeks to provide that all orders and decisions of a central council shall be authenticated by the chairperson and all other instruments shall be authenticated by the chief executive officerclause 16 seeks to provide that prior approval of the central government shall be obtained by each university or institution for imparting education in physiotherapy, medical laboratory technology and radiology technologyclause 17 seeks to empower the central government to notify recognised qualificationsclause 18 seeks to empower the central government for making a scheme of reciprocity for the purposes of recognition of foreign qualificationsclause 19 seeks to empower each central council to determine minimum standards of education for granting recognised qualifications by university or institutionsclause 20 seeks to empower the central government to seek information from universities or institutions regarding imparting education in physiotherapy, medical laboratory technology and rediology technologyclause 21 seeks to provide for appointment of inspectors and also their powers and functionsclause 22 seeks to provide for the manner of withdrawal of recognition under certain circumstancesclause 23 seeks to provide for the maintenance of register and the manner of making entry in the register of such persons who are entitled to practiceclause 24 seeks to provide for the manner of receiving applications and the fee for entering the name of a person in the register and the manner of refusing such applicationsclause 25 seeks to provide for the code of ethics for the practitioners and the manner for removal of name from the registerclause 26 seeks to provide for referrring the cases relating to professional or other misconduct to disciplinary committee for enquiry and lays down the proceduce in inquiries relating to misconductclause 27 seeks to provide the manner for re-entering the name of a person in the registerclause 28 seeks to provide for appeal against an order made by the central council and the manner of its disposalclause 29 seeks to provide for appropriation of money to the central council clause 30 seeks to make provisions for establishment of fund by each central council clause 31 seeks to provide for the form, the time and the manner of preparation of the budgetclause 32 seeks to provide for the form, the time and the manner of preparation of annual reportsclause 33 seeks to provide for the form and the manner of maintenance of the books of accounts and other booksclause 34 seeks to prohibit clinical establishment from employing unregistered paramedics or physiotherapistsclause 35 seeks to provide penalty for the violation of the provisions of the actclause 36 seeks to provide penalty for practicing as a professional by persons whose names have not been entered in the register of the central councilclause 37 seeks to provide punishment for dishonest use of certificates by a paramedic or physiotherapistclause 38 seeks to provide that no court shall take cognizance of any offence unless a complaint has been made by order of or under the authority of the central government or the central councilclause 39 seeks to provide that the central government may, from time to time, issue such directions to the central council which are conducive for fulfilling the objects of the act and also for making regulations and on default to give effect to its directions, the central government may dissolve of the central council and constitute a new central councilclause 40 seeks to provide for protection of action taken in good faith by the central government, the central council, the members, secretary, officers and other employees of the central council from suit, prosecution or other legal proceedingsclause 41 seeks to empower the central government to make rules to provide for the filing and disposal of appeal and the form, the time and the manner of preparation of budget and annual reports and the form and the manner of maintenance of books of accountsclause 42 empowers the central council to make regulations to provide amongst other things for time, place, procedure and quorum for the meeting of the central council, the composition, tenure and functions of the committees, the appointment, remuneration and conditions of service of secretary, officers and other employees, etcclause 43 seeks to provide for laying of the rules and the regulations made, before each house of parliamentclause 44 seeks to empower the central government to remove difficulties which may arise in giving effect to the provisions of the act financial memorandumsub-clause (1) of clause 3 of the bill provides for establishment of three central councils namely, the physiotherapy central council, the paramedical (medical laboratory technology) central council and the paramedical (radiology technology) central council2 clause 13 of the bill provides for appointment of secretaries, officers and other employees of three central councils3 sub-clause (1) of clause 21 of the bill provides for appointment of inspectors for all the three central councils4 sub-clause (1) of clause 30 of the bill provides for establishment of funds of all the three central councilsthe bill as and when enacted and brought into operation, will involve every year, a recurring expenditure of rupees one crore and ninety lakhs from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 8 of the bill empowers each central council to make regulations to provide for the time, place, procedure and quorum for the meeting of each central councilsub-clause (1) of clause 10 of the bill empower each central council to make regulations to provide for the manner and the purposes for associating persons with itself whose assistance or advice it may requiresub-clause (1) of clause 11 of the bill empowers each central council to make regulations to provide for the constitution of committees sub-clause (2) thereof also empowers each central council to provide for the composition, tenure and functions of each such committeesub-clause (1) of clause 13 of the bill empowers each central council to make regulations to provide for the appointment of a secretary, officers and other employeessub-clause (2) thereof also empowers each central council to determine the conditions of service and entitlement to remunerations of the secretary, officers and other employeesclause 19 of the bill empowers each central council to determine by regulations the minimum standards of education required for granting recognised qualifications by the universities or institutionssub-clause (1) of cluase 23 of the bill empowers each central council to make regulations to provide for the manner of maintaining and entering the names in the register of each central councilsub-clause (1) of cluase 24 of the bill empowers each central council to make regulations to provide for the manner of, and the fee for, making application for entering the name in the register sub-clause (3) thereof also empowers the central council to determine the manner of refusing to enter the name in the registersub-clause (1) of cluase 25 of the bill empowers each central council to determine by regulations the standards of professional conduct and etiquette and the code of ethics for the practitionerssub-clause (1) of cluase 26 of the bill empowers each central council to determine by regulations the manner of holding inquiry by the disciplinary committeeclause 27 of the bill empowers each central council to make regulations to provide for the manner of, the fee for, and the conditions and requirement for, re-entering the name in the central registersub-clause (1) of cluase 28 of the bill empowers the central government to make rules to provide for the manner of filing appeal from the order of the central council relating to refusal to enter the name in, or removal of the name from, the register sub-clause (2)thereof also empowers the central government to provide for the procedure for disposal of such appealclause 31 of the bill empowers the central government to make rules to provide for the form and the time for preparation of the annual budget of each central councilclause 32 of the bill empowers the central government to make rules to provide for the form and the time for preparation of annual report of each central councilclause 33 of the bill empowers the central government to make rules to provide for the form and the manner of maintenance of books of accounts of each central councilthe matters for which the rules and regulations may be made pertain to matters of procedure or detail and it is not possible to provide for them in the bill the delegation of legislative power is, therefore, of normal character ———— a billto provide for the constitution of central councils of the paramedical (medical laboratorytechnology), paramedical (radiology technology) and the physiotherapy, the coordinated development in the education of paramedical and physiotherapy with a view to regulating and maintaining standards of such education, maintenance of register of paramedics and physiotherapists and for matters connected therewith or incidental thereto———— | Parliament_bills | bd43372e-89e5-517a-8ec1-d3c2b413f8cb |
the code on social security, 2020—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent, commencement and application 2 definitions3 registration and cancellation of an establishment chapter ii social security organisations4 constitution of board of trustees of employees' provident fund 5 constitution of employees' state insurance corporation 6 national social security board and state unorganised workers' board 7 constitution of state building workers welfare boards 8 disqualification and removal of a member of any social security organisation 9 procedure for transaction of business of social security organisation, etc10 executive heads of central board and corporation 11 supersession of corporation, central board , national social security board or stateunorganised workers' board or the building workers' welfare board12 state board, regional boards, local committees, etc 13 entrustment of additional functions to social security organisations chapter iii employees provident fund14 appointment of officers of central board 15 schemes 16 funds 17 contribution in respect of employees and contractors 18 fund to be recognised under act 43 of 1961 19 priority of payment of contributions over other debts 20 chapter not to apply to certain establishment 21 authorising certain employers to maintain provident fund accounts 22 transfer of accounts 23 appeal to tribunal chapter iv employees state insurance corporation clauses24 principal officers and other staff 25 employees' state insurance fund 26 purposes for which employees' state insurance fund may be expended 27 holding of property, etc 28 all employees to be insured 29 contributions 30 administrative expenses 31 provisions as to payment of contributions by employer, etc 32 benefits 33 corporation's power to promote measures for health, etc, of insured persons 34 presumption as to accident arising in course of employment 35 accidents happening while acting in breach of law, etc 36 occupational disease 37 references to medical board 38 dependants' benefit 39 medical benefit 40 provision of medical treatment by state government or by corporation 41 general provisions as to benefits 42 corporation's rights when an employer fails to register, etc 43 liability of owner or occupier of factories, etc, for excessive sickness benefit 44 scheme for other beneficiaries 45 schemes for unorganised workers, gig workers and platform workers 46 exemption of factories or other establishments belonging to government or any localauthority47 contributions, etc, due to corporation to have priority over other debts 48 constitution of employees' insurance court 49 matters to be decided by employees' insurance court 50 powers of employees' insurance court 51 proceedings of employees' insurance courts 52 appeal to high court chapter v gratuity53 payment of gratuity 54 continuous service 55 nomination56 determination of amount of gratuity 57 compulsory insurance 58 competent authority chapter vi maternity benefit59 employment of, or work by, women prohibited during certain period 60 right to payment of maternity benefit 61 continuance of payment of maternity benefit in certain cases 62 notice of claim for maternity benefit and payment thereof 63 payment of maternity benefit in case of death of a woman 64 payment of medical bonus 65 leave for miscarriage, etc 66 nursing breaks 67 creche facility 68 dismissal for absence during pregnancy 69 no deduction of wages in certain cases 70 forfeiture of maternity benefit 71 duties of employer 72 power of inspector-cum-facilitator to direct payments to be made chapter vii employee's compensation73 reports of fatal accidents and serious bodily injuries 74 employer's liability for compensation 75 compensation in case of death of or injury in plantation 76 amount of compensation 77 compensation to be paid when due and damages for default 78 method of calculating monthly wages for purposes of compensation 79 review 80 commutation of half-monthly payments 81 distribution of compensation 82 notice and claim 83 special provisions relating to accidents occurring outside indian territory 84 medical examination 85 contracting 86 remedies of employer against stranger 87 insolvency of employer88 power to require from employers statements regarding fatal accidents 89 registration of agreements 90 reference to competent authority 91 appointment of competent authority 92 venue of proceedings and transfer 93 form of application 94 power of competent authority to require further deposit in cases of fatal accident 95 powers and procedure of competent authority 96 appearance of parties 97 method of recording evidence 98 power to submit cases 99 appeal against order of competent authority chapter viiisocial security and cess in respect of building and other construction workers100 levy and collection of cess 101 interest payable on delay in payment of cess 102 power to exempt from cess 103 self-assessment of cess 104 penalty for non-payment of cess within the specified time 105 appeal to appellate authority 106 registration of building workers as beneficiaries 107 cessation as a beneficiary 108 building and other construction workers' welfare fund and its application chapter ix social security for unorganised workers, gig workers and platform workers109 framing of schemes for unorganised workers 110 funding of state government schemes 111 record keeping 112 helpline, facilitation centre, etc, for unorganised workers, gig workers and platformworkers113 registration of unorganised workers, gig workers and platform workers 114 schemes for gig workers and platform workers chapter x finance and accounts115 accounts 116 audit 117 budget estimates 118 annual report119 valuation of assets and liabilities 120 holding of property, etc 121 writing off of losses chapter xi authorities, assessment, compliance and recovery122 appointment of inspector-cum-facilitators and their powers 123 maintenance of records, registers, returns, etc 124 employer not to reduce wages, etc 125 assessment and determination of dues from employer 126 appeal against order of authorised officer relating to chapter iv 127 interest on amount due 128 power to recover damages 129 recovery of amount due 130 validity of certificate and amendment thereof 131 other modes of recovery 132 application of certain provisions of income-tax act chapter xii offences and penalties133 penalty for failure to pay contributions, etc 134 enhanced punishment in certain cases after previous conviction 135 offences by companies 136 cognizance of offences 137 prior opportunity before prosecution 138 compounding of offences chapter xiii employment information and monitoring139 reporting of vacancies to career centres 140 exclusions from application of this chapter chapter xiv miscellaneous141 social security fund 142 application of aadhaar 143 power to exempt establishment 144 power to defer or reduce 145 liability in case of transfer of establishment 146 the members, officers and staff to be public servants 147 protection of action taken in good faith 148 misuse of benefits149 power of central government to give directions to state government, and socialsecurity organisations150 power to frame schemes 151 protection against attachment, etc 152 power to amend schedule 153 transitional provisions 154 power of appropriate government to make rules 155 power of central government to make rules 156 power of state government to make rules 157 power of corporation to make regulations 158 prior publication of rules, regulations, etc 159 rules to give effect to arrangements with other countries for the transfer of money paidas compensation160 laying of rules, regulations and schemes, etc 161 effect of laws and agreements inconsistent with this code 162 delegation of powers 163 power to remove difficulties 164 repeal and savingsthe first schedule the second schedule the third schedule the fourth schedule the fifth schedule the sixth schedule the seventh schedulebill no 121 of 2020 the code on social security, 2020 a billto amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected therewith or incidental thereto be it enacted by parliament in the seventy-first year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the code on social security, 2020 (2) it extends to the whole of indiashort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this code and any reference in any such provision to the commencement of this code shall be construed as a reference to the coming into force of that provision(4) the applicability of the chapters specified in columns (1) and (2) of the first schedule shall, without prejudice to the applicability of the other provisions of this code, be such as is specified in corresponding entry in column (3) of that schedule5 10(5) notwithstanding anything contained in sub-section (4), where it appears to the central provident fund commissioner, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iii should be made applicable to that establishment, the central provident fund commissioner, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement:15provided that where the employer of an establishment to which the provisions of chapter iii applied under this sub-section desires to come out of such applicability, he may make an application to the central provident fund commissioner and the central provident fund commissioner shall, if satisfied that there is an agreement between the employer and majority of the employees to this effect, make the provisions of that chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the central government20(6) the central government may, after giving not less than two months' notice of its intention so to do, by notification, apply the provisions of this code to any establishment employing not less than such number of persons as may be specified in the notification25(7) notwithstanding anything contained in sub-section (4), where it appears to the director general of the corporation, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iv should be made applicable to that establishment, the director general of the corporation, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement:30provided that where the employer of an establishment to which the provisions of chapter iv applied under this sub-section desires to come out of such applicability, he may make an application to the director general of the corporation and director general of the corporation shall, if satisfied that there is an agreement between the employer and majority of the employees to this effect, make the provisions of that chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the central government35(8) notwithstanding anything contained in sub-section (4), an establishment to which any chapter applies at the first instance shall continue to be applied thereafter even if the number of employees therein at any subsequent time falls below the threshold specified in the first schedule in respect of that chapterdefinitions2 in this code, unless the context otherwise requires,—40(1) "agent" when used in relation to an establishment, means every person, whether appointed as such or not, who acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of such establishment or part thereof;45(2) "aggregator" means a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider;(3) "appropriate government" means—50(a) in relation to, an establishment carried on by or under the authorityof the central government or concerning any such controlled industry as may be specified by notification in this behalf, by the central government or the establishment of railways including metro railways, mines, oil field, major510ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or the central public sector undertaking or subsidiary companies set up by the central public sector undertakings, subsidiary companies set up by the principal undertakings or autonomous bodies owned or controlled by the central government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies or any company in which not less than fiftyone per cent of the paid up share capital is held by the central government, as the case may be, or in relation to an establishment having departments or branches in more than one state, as the case may be, the central government; and (b) in relation to any other establishment, the state government1560 of 2002explanation 1—for the purposes of this clause, the expression "metro railway"means the metro railway as defined in sub-clause (i) of clause (1) of section 2 of the metro railways (operation and maintenance ) act, 2002explanation 2—for the purposes of this clause, the central government shall continue to be the appropriate government for the central public sector undertakings even if the holding of the central government reduces to less than fifty per cent equity in that public sector undertaking after the commencement of this code;20(4) "audio-visual production" means audio-visual produced wholly or partly in india and includes—(i) animation, cartoon depiction, audio-visual advertisement; (ii) digital production or any of the activities in respect of making thereof; and25(iii) features films, non-feature films, television, web-based serials, talk shows,reality shows and sport shows;(5) "authorised officer" means such officer of the central board, or as the case may be, of the corporation notified by the central government;30 35 40(6) "building or other construction work" means the construction, alteration, repairs,maintenance or demolition in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, internet towers, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the central government, by notification, but does not include any building or other construction work which is related to any factory or mine or any building or other construction work employing less than ten workers or where such work is related to own residential purposes of an individual or group of individuals for their own residence and the total cost of such work does not exceed fifty lakhs rupees or such higher amount and employing more than such number of workers as may be notified by the appropriate government;(7) "building worker" means a person who is employed to do any skilled, semi-5(9) "career centre" means any office (including employment exchange, place or portal)established and maintained in the manner prescribed by the central government for providing such career services (including registration, collection and furnishing of information, either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode) as may be prescribed by the central government, which may, inter alia, relate generally or specifically to—(i) persons who seek to employ employees; (ii) persons who seek employment; (iii) occurrence of vacancies; and10(iv) persons who seek vocational guidance and career counselling or guidance to start self-employment; (10) "central board" means the board of trustees of the employees' provident fund constituted under section 4;15(11) "central provident fund commissioner" means the central provident fund commissioner of the central board appointed under sub-section (1) of section 14;(12) "child", for the purposes of chapter vi, includes a stillborn child; (13) "commissioning mother" means a biological mother who uses her egg to create an embryo implanted in any other woman;2018 of 2013(14) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;(15) "compensation" means compensation as provided under chapter vii; (16) "competent authority" means any authority appointed under section 58 for the purposes of chapter v or notified for the purposes of chapter vi or appointed under section 91 for the purposes of chapter vii, as the case may be, as competent authority by the appropriate government or the state government;25(17) "completed year of service" means continuous service for twelve months; (18) "confinement" means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead;30 35(19) "contract labour" means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-state migrant worker but does not include an employee (other than part time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment;(20) "contractor", in relation to an establishment means a person, who—40(i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment through contract labour; or(ii) supplies contract labour for any work of the establishment as mere human resource, and includes a sub-contractor;45(21) "contribution" means the sum of money payable by the employer, under this code, to the central board and to the corporation, as the case may be, and includes any amount payable by or on behalf of the employee in accordance with the provisions of this code;(22) "corporation" means the employees' state insurance corporation constituted under section 5;(23) "delivery" means the birth of a child; (24) "dependant" means any of the following relatives of deceased employee, namely:—5(a) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother:provided that for the purposes of chapter iv, a legitimate adopted son, who has not attained the age of twenty-five years, shall be dependant of the deceased employee;10(b) if wholly dependant on the earnings of the employee at the time of his death, a legitimate or adopted son or a daughter who has attained the age of eighteen years and who is infirm; except for the purposes of chapter iv wherein the word "eighteen" occurring in this sub-clause shall be deemed to have been substituted by the word "twenty-five";15(c) if wholly or in part dependent on the earnings of the employee at the time of his death,—(i) a widower; (ii) a parent other than a widowed mother;20(iii) a minor illegitimate son, an unmarried illegitimate daughter or adaughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor;(iv) a minor brother or an unmarried sister or a widowed sister if a minor; (v) a widowed daughter-in-law; (vi) a minor child of a pre-deceased son;25(vii) a minor child of a pre-deceased daughter where no parent of the child is alive, or;(viii) a grandparent if no parent of the employee is alive30explanation—for the purposes of sub-clause (b) and items (vi) and (vii) of sub-clause (c), references to a son, daughter or child include an adopted son, daughter or child, respectively; (25) "dock work" means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes—35(i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port;40(ii) all repairing and maintenance processes connected with any hold, tank structure or lifting machinery or any other storage area on board the ship or in the docks; and(iii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area in board the ship or in the docks; (26) "employee" means any person (other than an apprentice engaged under the apprentices act, 1961) employed on wages by an establishment, either directly or through a contractor, to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate government, but does not include any member of the armed forces of the union:5provided that for the purposes of chapter iii, except in case of the employees' provident fund scheme and chapter iv, the term "employee" shall mean such employee drawing wages less than or equal to the wage ceiling notified by the central government and includes such other persons or class of persons as the central government may by notification, specify to be employee, for the purposes of those chapters:10provided further that for the purposes of counting of employees for the coverage of an establishment under chapter iii and chapter iv, as the case may be, the employees, whose wages are more than the wage ceiling so notified by the central government, shall also be taken into account:15provided also that for the purposes of chapter vii, the term "employee" shall mean only such persons as specified in the second schedule and such other persons or class of persons as the central government, or as the case may be, the state government may add to the said schedule, by notification, for the purposes of that government;20(27) "employer" means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the central government or the state government, the authority specified, by the head of such department, in this behalf or where no authority is so specified, the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—25(a) in relation to an establishment which is a factory, the occupier of the factory; (b) in relation to mine, the owner of the mine or agent or manager having requisite qualification under the law for the time being in force and appointed by the owner or agent of the mine as such;30(c) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director;(d) contractor; and (e) legal representative of a deceased employer;35(28) "employment injury" means a personal injury to an employee, caused by accident or an occupational disease, as the case may be, arising out of and in the course of his employment,—40(i) for the purposes of chapter iv, if the employee is an insured or insurable employee under section 28 whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of india; and(ii) for the purposes of chapter vii, whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of india; (29) "establishment" means—45(a) a place where any industry, trade, business, manufacture or occupation is carried on; or(b) a factory, motor transport undertaking, newspaper establishment, audiovisual production, building and other construction work or plantation; or(c) a mine, port or vicinity of port where dock work is carried outexplanation—for the purposes of chapter iii, where an establishment consists of different departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment;5(30) "executive officer" means such officer of the appropriate government as may be notified by that government for the purposes of chapter xiii or an officer authorised in writing by such executive officer to discharge his duties under that chapter;10(31) "exempted employee" for the purposes of chapter iii, means an employee to whom any of the schemes referred to in section 15, but for the exemption granted under this code, would have applied and for the purposes of chapter iv, means an employee, whose wage is specified in the notification by the central government and who is not liable to pay employee's contribution;(32) "factory" means any premises including the precincts thereof—15(a) whereon ten or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or(b) whereon twenty or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,20but does not include a mine, or a mobile unit belonging to the armed forces of the union, railways running shed or a hotel, restaurant or eating placeexplanation 1—for computing the number of employees for the purposes of this clause, all the employees in (different groups and relays) a day shall be taken into account25explanation 2—for the purposes of this clause, the mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof;(33) "family" means all or any of the following relatives of an employee or an unorganised worker, as the case may be, namely:—(a) a spouse;30(b) a minor legitimate or adopted child dependent upon the employee or anunorganised worker, as the case may be;(c) a child who is wholly dependent on the earnings of the employee or anunorganised worker, as the case may be, and who is—(i) receiving education, till he attains the age of twenty-one years; and (ii) an unmarried daughter;35(d) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, so long as the infirmity continues;40(e) dependent parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be prescribed by the central government;(f) in case the employee or an unorganised worker, as the case may be, is unmarried and his parents are not alive, a minor brother or sister wholly dependent upon the earnings of the insured person;(34) "fixed term employment" means the engagement of an employee on the basis of a written contract of employment for a fixed period:provided that—5(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent employee doing the same work or work of a similar nature; and(b) he shall be eligible for all benefits, under any law for the time being in force, available to a permanent employee proportionately according to the period of service rendered by him even if his period of employment does not extend to the required qualifying period of employment;10(35) "gig worker" means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship;15(36) "home-based worker" means a person engaged in the production of goods or services for an employer in his home or other premises of his choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs;(37) "inspector-cum-facilitator" means an inspector-cum-facilitator appointed under section 122;20(38) "insured person" means the insured person referred to in section 28; (39) "insurance fund" means the deposit-linked insurance fund established under clause (c) of sub-section (1) of section 16;(40) "insurance scheme" means the deposit-linked insurance scheme framed under clause (c) of sub-section (1) of section 15;25(41) "inter-state migrant worker" means a person who is employed in an establishment and who—(i) has been recruited directly by the employer or indirectly through contractor in one state for employment in such establishment situated in another state; or30(ii) has come on his own from one state and obtained employment in an establishment of another state (hereinafter called destination state) or has subsequently changed the establishment within the destination state, under an agreement or other arrangement for such employment and drawing wages not exceeding eighteen thousand rupees per month or such higher amount as may be notified by the central government from time to time;(42) "manufacturing process" means any process for—35(i) making, altering, repairing, ornamenting, finishing, oiling, washing, cleaning, breaking up, demolishing, refining, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or(ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or40(iv) composing, offset printing, printing by letter press, lithography, photogravure screen printing, three or four dimensional printing, prototyping, flexography or other types of printing process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or45(vi) preserving or storing any article in cold storage; or (vii) such other activities as the central government may notify;(43) "maternity benefit", in respect of chapter vi, means the payment referred to in sub-section (1) of section 60;5(44) "medical practitioner" means a person registered under any law for the time being in force, or, any person declared by the state government, by notification, to be qualified as medical practitioner for the purposes of this code:10provided that different class or classes of medical practitioner having specific qualification may be notified by the central government for the purposes of chapter iv and by the appropriate government for other chapters of this code;34 of 1971(45) "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the medical termination of pregnancy act, 1971;35 of 1952(46) "mine" shall have the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the mines act, 1952;15(47) "minor" means a person who has not attained the age of eighteen years;45 of 1860(48) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy, but does not include any miscarriage, the causing of which is punishable under the indian penal code;20(49) "national social security board" means the national social security board for unorganised workers constituted under sub-section (1) of section 6;(50) "notification" means a notification published in the gazette of india or the official gazette of a state, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly;25(51) "occupational disease" means a disease specified in the third schedule as a disease peculiar to the employment of the employee;(52) "occupier" in respect of a factory means the person who has ultimate control over the affairs of the factory:provided that—30(a) in the case of a firm or other association of individuals, any one of the individual partners or members thereof;(b) in the case of a company, any one of the directors, except any independent director within the meaning of sub-section (6) of section 149 of the companies act, 2013;18 of 201335(c) in the case of a factory owned or controlled by the central government orany state government, or any local authority, the person or persons appointed to manage the affairs of the factory by the central government, the state government or the local authority or such other authority as may be prescribed by the central government,shall be deemed to be the occupier:40provided further that in the case of a ship which is being repaired, or on whichmaintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the central government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier;(53) "oilfield" shall have the meaning assigned to it in clause (e) of section 3 of theoilfields (regulation and development) act, 1948;(54) "organised sector" means an enterprise which is not an unorganised sector;5(55) "permanent partial disablement" means, where the disablement is of a permanent nature, such disablement as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement:provided that every injury specified in part ii of the fourth schedule shall be deemed to result in permanent partial disablement;10(56) "permanent total disablement" means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement:provided that permanent total disablement shall be deemed to result from every injury specified in part i of the fourth schedule or from any combination of injuries specified in part ii thereof where the aggregate percentage of the loss of earning capacity, as specified in the said part ii against those injuries, amounts to one hundred per cent;15(57) "pension fund" means the pension fund established under clause (b) of subsection (1) of section 16;(58) "pension scheme" means the employees' pension scheme framed under clause(b) of sub-section (1) of section 15;(59) "plantation" means—20(a) any land used or intended to be used for—(i) growing tea, coffee, rubber, cinchona or cardamom which admeasures five hectares or more;25(ii) growing any other plant, which admeasures five hectares or more and in which ten or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the central government, the state government, by notification, so directs30explanation—where any piece of land used for growing any plant referred to in this sub-clause admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more;35(b) any land which the state government may, by notification, declare and which is used or intended to be used for growing any plant referred to in sub-clause (a), notwithstanding that it admeasures less than five hectares:provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this code; and40(c) offices, hospitals, dispensaries, schools and any other premises used for any purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises;45(60) "platform work" means a work arrangement outside of a traditional employeremployee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the central government, in exchange for payment;(61) "platform worker" means a person engaged in or undertaking platform work;15 of 1908(62) "port" shall have the meaning assigned to it in clause (4) of section 3 of the indian ports act, 1908;(63) "provident fund" means the employees' provident fund established under clause(a) of sub-section (1) of section 16;5(64) "provident fund scheme" means the employees' provident fund scheme framedunder clause (a) of sub-section (1) of section 15;(65) "prescribed" means prescribed by rules made under this code;24 of 1989(66) "railway" shall have the meaning assigned to it in clause (31) of section 2 of the railways act, 1989;10(67) "railway company" includes any persons whether incorporated or not, who areowners or lessees of a railway or parties to an agreement for working a railway;15(68) "recovery officer" means any officer of the central government, state government, central board or the corporation, who may be authorised by the central government or the state government, as the case may be, by notification, to discharge the functions and to exercise the powers of a recovery officer under this code;(69) "regulations" means regulations made by the corporation under this code; (70) "retirement" means termination of the service of an employee otherwise than on superannuation;2011 of 1976(71) "sales promotion employees" means the sales promotion employees as defined in clause (d) of section 2 of the sales promotion employees (conditions of service) act, 1976;(72) "schedule" means a schedule to this code; (73) "seamen" means any person forming part of the crew of any ship, but does not include the master of the ship;25 30(74) " seasonal factory " means a factory which is exclusively engaged in one or moreof the following manufacturing processes, namely, cotton ginning, cotton or jute pressing,decortication of ground-nuts, the manufacture of indigo, lac, sugar (including gur) or anymanufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year in a manufacturing process as the central government may, by notification, specify;35(75) self-employed worker" means any person who is not employed by an employer,but engages himself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the central government or the state government, as the case may be, from time to time or holds cultivable land subject to such ceiling as may be notified by the state government;(76)"shop", in respect of a state, means a shop as defined in any law for the time being in force dealing with the shop in that state;(77) 'sickness" means a condition which requires medical treatment and attendance and necessitates abstention from work on medical ground;40(78) "social security" means the measures of protection afforded to employees,unorganised workers, gig workers and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights conferred on them and schemes framed, under this code;(79) "social security organisation" means any of the following organisations established under this code, namely:—(a) the central board of trustees of employees provident fund constitutedunder section 4;5(b) the employees' state insurance corporation constituted under section 5; (c) the national social security board for unorganised workers constitutedunder section 6;(d) the state unorganised workers' social security board constituted undersection 6;10(e) the state building and other construction workers' welfare boardsconstituted under section 7; and(f) any other organisation or special purpose vehicle declared to be the social security organisation by the central government; (80) "state government" includes—15(a) in relation to a union territory with legislature, the government of the union territory; and(b) in relation to a union territory without legislature, the administrator appointed under article 239 of the constitution as an administrator thereof;20(81) "state unorganised workers' board" means the state unorganised workers'social security board constituted under sub-section (9) of section 6;(82) "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service, as the age on the attainment of which the employee shall vacate the employment:25provided that for the purposes of chapter iii, the age of superannuation shall be fifty-eight years;(83) "temporary disablement" means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury;30 14 of 1947(84) "tribunal" means the industrial tribunal constituted by the appropriate government under section 7a of the industrial disputes act, 1947;35(85) "unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten14 of 1947(86) "unorganised worker" means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by the industrial disputes act, 1947 or chapters iii to vii of this code;40(87) "vacancy", for the purposes of chapter xiii, means an unoccupied post (including newly created post, post of trainee, post to be filled through apprentice or any unoccupied post created in an establishment by any other means) in a cadre or occupation for the purpose of employing a person and carrying remuneration;45(88) "wages" means all remuneration, whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—(a) basic pay;(b) dearness allowance; and (c) retaining allowance, if any,but does not include—5(a) any bonus payable under any law for the time being in force, which does notform part of the remuneration payable under the terms of employment;(b) the value of any house-accommodation, or of the supply of light, water,medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate government;10(c) any contribution paid by the employer to any pension or provident fund,and the interest which may have accrued thereon;(d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailedon him by the nature of his employment;(f) house rent allowance;15(g) remuneration payable under any award or settlement between the partiesor order of a court or tribunal;(h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment;20(k) any retrenchment compensation or other retirement benefit payable to theemployee or any ex gratia payment made to him on the termination of employment, under any law for the time being in force:25provided that for calculating the wages under this clause, if payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one half, or such other per cent as may be notified by the central government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:30provided further that for the purpose of equal wages to all genders and for the purposeof payment of wages, the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wageexplanation—where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent of the total wages payable to him, shall be deemed to form part of the wages of such employee;35(89) "wage ceiling" means such amount of wages as may be notified by the centralgovernment, for the purposes of becoming a member under chapter iii and chapter iv;40(90) "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the central government and the state government, as the case may be;45(91) "woman" means a woman employed, whether directly or through any contractor, for wages in any establishment:provided that for the purposes of chapter iv, a woman who is or was an employee in respect of whom contribution is or were payable under the said chapter and who is by reason thereof, entitled to any of the benefits provided under the said chapter shall be called 'insured woman' and shall include—| ( | i | ) a commissioning mother who as biological mother wishes to have a child and ||-----------------------------------------------------|-----|--------------------------------------------------------------------------------|| prefers to get embryo implanted in any other woman; | | || ( | ii | ) a woman who legally adopts a child of up to three months of age || 5 | | |3 (1) every establishment to which this code applies shall be electronically or otherwise, registered within such time and in such manner as may be prescribed by the central government:registration and cancellation of an establishment10provided that the establishment which is already registered under any other centrallabour law for the time being in force shall not be required to obtain registration again under this code and such registration shall be deemed to be registration for the purposes of this code:(2) any establishment to which chapter iii or chapter iv applies, and whose business activities are in the process of closure, my may make an application for cancellation of registration granted under this section15(3) the manner of making application for cancellation of the registration, under sub-section (2), the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto, shall be such as may be prescribed by the central government20 chapter ii social security organisations25constitution of board of trustees of employees' provident fund4 (1) the central government may, by notification, constitute, with effect from such date as may be specified therein, a board of trustees of the employees' provident fund to be called the central board, for the purposes of chapter iii and the provisions of this code relating to that chapter, for the administration of the funds vested in it in such manner as may be prescribed by the central government, consisting of the following members, namely:—| ( | a | ) a chairperson and a vice-chairperson to be appointed by the central ||-----------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| government; | | || 30 | | || ( | b | ) not more than five persons appointed by the central government from || amongst its officials; | | || ( | c | ) not more than fifteen persons representing governments of such states as || the central government may specify in this behalf, to be appointed by the central | | || government; | | || 35 | | || ( | d | ) ten persons representing employers of the establishments to which the || schemes referred to in sub section ( | 1 | ) of section 15 applies, to be appointed by the || central government after consultation with such organisations of employers as may | | || be recognised by the central government in this behalf; | | || 40 | | |(e) ten persons representing employees in the establishments to which schemes referred to in sub section (1) of section 15 applies, who shall be appointed by the central government after consultation with such organisations of employees as may be recognised by that government in this behalf; and(f) the central provident fund commissioner, ex officio45(2) the central board shall be a body corporate by the name of board of trustees of the employees' provident fund, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, an executive committee from amongst the members of the central board to assist the central board in performance of its functions in such manner as may be prescribed by the central government(4) the central board may, by order, constitute one or more committees of such composition as may be specified in the order to assist it in the discharge of its functions5(5) the central board may, by order, delegate to its chairperson or to its executive committee or to any of its officers and a state board constituted under section 12 may, by order, delegate to its chairperson or to any of its officers, subject to such conditions and limitations, if any, as it may specify in such order, such of its powers and functions under this code as it may deem necessary for efficient administration of the schemes referred to in sub-section (1) of section 1510(6) the terms and conditions, including tenure of office, subject to which a member of the central board and executive committee shall discharge their respective duties may be such as may be prescribed by the central government:provided that a member of the central board shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed15(7) the central board, apart from the functions specified in this code, shall also perform such other functions in such manner as may be prescribed by the central governmentconstitution of employees' state insurance corporation205 (1) the central government may, by notification, constitute with effect from such date as may be specified therein, the employees' state insurance corporation to be called the corporation, for the purposes of chapter iv and the provisions of this code relating to that chapter and the administration thereof, in such manner as may be prescribed by the central government, consisting of the following members, namely:—(a) a chairperson to be appointed by the central government; (b) a vice-chairperson to be appointed by the central government;25(c) not more than five persons to be appointed by the central governmentfrom amongst its officials;(d) one person representing each of such states in such manner, as may beprescribed by the central government;(e) one person to be appointed by the central government to represent the union territories;30(f) ten persons representing employers to be appointed by the centralgovernment in consultation with such organisations of employers as may be recognised for the purpose by the central government;(g) ten persons representing employees to be appointed by the centralgovernment in consultation with such organisations of employees as may be recognised for the purpose by the central government;35(h) two persons representing the medical profession to be appointed by thecentral government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the central government;40(i) three members of parliament of whom two shall be members of the house of the people (lok sabha) and one shall be a member of the council of states (rajya sabha) elected respectively by the members of the house of the people and the members of the council of states; and(j) the director general of the corporation, ex officio45(2) the corporation shall be a body corporate by the name of employees' state insurance corporation, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, a standing committee from amongst the members of the corporation, in such manner as may be prescribed by the central government(4) subject to the general superintendence and control of the corporation, the standing committee—5(a) shall administer the affairs of the corporation and may exercise any of the powers and perform any of the functions of the corporation in such manner as may be prescribed by the central government;(b) shall submit for the consideration and decision of the corporation all such cases and matters as may be specified in the regulations made in this behalf; and(c) may, in its discretion, submit any other case or matter for the decision of the corporation10(5) (a) the central government may, by notification, constitute, with effect from such date as may be specified therein, a medical benefit committee of such composition as may be specified therein, to assist the corporation and the standing committee in performance of its functions relating to administration of medical benefits15(b) the medical benefit committee shall perform such duties and exercise such powers as may be prescribed by the central government(6) the corporation may, by order, constitute one or more committees of such composition as may be specified in the regulations to assist it in the discharge of its functions(7) the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties may be such as may be prescribed by the central government:20provided that a member of the corporation shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed256 (1) the central government shall, by notification, constitute a national social security board for unorganised workers to exercise the powers conferred on, and to perform the functions assigned to, it under this code, in such manner as may be prescribed by the central government(2) the national social security board shall consist of the following members, namely:—(a) union minister for labour and employment as chairperson;30(b) secretary, ministry of labour and employment as vice-chairperson; (c) forty members to be nominated by the central government, out of whom—(i) seven members representing unorganised sector workers; (ii) seven members representing employers of unorganised sector; (iii) seven members representing eminent persons from civil society;35(iv) two members representing the lok sabha and one from the rajya sabha;(v) ten members representing central government ministries and departments concerned;(vi) five members representing state governments;40(vii) one member representing the union territories; and(d) the director general labour welfare, as member secretary, ex officio(3) all members except chairperson of the national social security board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration5(4) the manner in which members shall be nominated from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the national social security board shall be such as may be prescribed by the central government:provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(5) the term of the national social security board shall be three years10(6) the national social security board shall meet at least thrice a year, at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the central government15(7) the national social security board shall perform the following functions, namely:—(a) recommend to the central government for formulating suitable schemes for different sections of unorganised workers, gig workers and platform workers;(b) advise the central government on such matters arising out of the administration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers, gig workers and platform workers as are administered by the central government;20(d) review the record keeping functions performed at the state level; (e) review the expenditure from the fund and account; and(f) undertake such other functions as are assigned to it by the central government from time to time25(8) the central government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the central government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the central government may refer to it for advice30(9) every state government shall, by notification, constitute a state board to be known as (name of the state) unorganised workers' social security board to exercise the powers conferred on, and to perform the functions assigned to, it under this code, in such manner as may be prescribed by the state government35 40 45(10) every state unorganised workers' board shall consist of the following members, namely:—(a) minister of labour and employment of the concerned state as chairperson, ex officio;(b) principal secretary or secretary (labour) as vice-chairperson; (c) one member representing the central government in the ministry of labour and employment;(d) thirty-one members to be nominated by the state government, out of whom—(i) seven representing the unorganised workers; (ii) seven representing employers of unorganised workers; (iii) two members representing the legislative assembly of the concerned state;(iv) five members representing eminent persons from civil society; (v) ten members representing the state government departments concerned; and(e) member secretary as notified by the state government(11) all members except chairperson of the state unorganised workers' board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration5(12) the manner in which members shall be nominated from each of the categories specified in clause (d) of sub-section (10), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board shall be such as may be prescribed by the state government:10provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(13) the term of the state unorganised workers' board shall be three years (14) the state unorganised workers' board shall meet at least once in a quarter at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the state government15(15) the state board shall perform the following functions, namely:—(a) recommend the state government in formulating suitable schemes for different sections of the unorganised sector workers;20(b) advise the state government on such matters arising out of the administration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers as are administered by the state government;(d) review the record keeping functions performed at the district level; (e) review the progress of registration and issue of cards to unorganised sector workers;25(f) review the expenditure from the funds under various schemes; and (g) undertake such other functions as are assigned to it by the state government from time to time30(16) the state government may, by notification, constitute with effect from such date as may be specified therein, one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the state government may refer to it for advice35constitution of state building workers' welfare boards7 (1) every state government shall, with effect from such date as it may, by notification, appoint, constitute a board to be known as the(name of the state) building and other construction workers' welfare board to exercise the powers conferred on, and perform the functions assigned to, it under this section and chapter viii(2) the building workers' welfare board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued40(3) the building workers' welfare board shall consist of a chairperson to be nominated by the state government, one member to be nominated by the central government and such number of other members, not exceeding fifteen, as may be appointed to it by the state government:45provided that the building workers' welfare board shall include an equal number of members representing the state government, the employers and the building workers and that at least one member of the board shall be a woman50(4) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board, and the manner of filling of casual vacancies of the members of the building workers' welfare board, shall be such as may be prescribed by the state government(5) (a) the building workers' welfare board shall appoint a secretary and such officers and employees as it considers necessary for the efficient discharge of its functions under this code5(b) the secretary of the building workers' welfare board shall be its chief executive officer(c) the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the building workers' welfare board shall be such as may be prescribed by the state government10(6) the building workers' welfare board shall perform the following functions, namely:—(a) provide death and disability benefits to a beneficiary or his dependants; (b) make payment of pension to the beneficiaries who have completed the ageof sixty years;15(c) pay such amount in connection with premium for group insurance schemeof the beneficiaries as may be prescribed by the appropriate government;(d) frame educational schemes for the benefit of children of the beneficiariesas may be prescribed by the appropriate government;(e) meet such medical expenses for treatment of major ailments of a beneficiaryor, such dependant, as may be prescribed by the appropriate government;20(f) make payment of maternity benefit to the beneficiaries; (g) frame skill development and awareness schemes for the beneficiaries; (h) provide transit accommodation or hostel facility to the beneficiaries; (i) formulation of any other welfare scheme for the building worker beneficiariesby state government in concurrence with the central government; and25(j) make provision and improvement of such other welfare measures andfacilities as may be prescribed by the central government30(7) the state government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to building workers and such other matters as the state government may refer to it for advice8 (1) no person shall be chosen as, or continue to be, a member of a social security organisation, or any committee thereof who,—(a) is or at any time has been adjudged an insolvent; or (b) is found to be a lunatic or becomes of unsound mind; ordisqualification and removal of a member of any social security organisation35(c) is or has been convicted of any offence involving moral turpitude; or (d) is an employer in an establishment and has defaulted in the payment of anydues under this code;40(e) is a member of a social security organisation being a member of the parliament or a member of a state legislative assembly, when he ceases to be such member of the parliament or state legislative assembly, as the case may be; or(f) is a member of social security organisation being a member of the parliament or a member of a state legislative assembly, and he becomes a—45(i) minister of central or state government; or (ii) speaker or deputy speaker of house of the people or a state legislative assembly; or(iii) deputy chairman of the council of statesexplanation 1—if any question arises whether any person is disqualified under clause (d), it shall be referred to the appropriate government and the decision of the appropriate government on any such question shall be final5explanation 2—clause (f) shall not apply in case of persons who are members of the social security organisation ex officio, by virtue of being a minister(2) the central government, in case of the central board, the corporation and the national social security board and the state government in case of the state unorganised workers' board and the building workers' welfare board, may remove any member of such social security organisation from his office, who,—10(a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or(b) is absent without leave of the social security organisation of which he is a member for more than three consecutive meetings of the social security organisation or a committee thereof;15 20(c) in the opinion of such government, has so abused the position of his office as to render that member's continuation in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member in the opinion of such government: provided that no person shall be removed under clauses (b) and (c), unless that person has been given an opportunity to show cause as to why he should not be removed:25provided further that a member of the executive committee of the central board or the standing committee of the corporation shall cease to hold office if he ceases to be a member of the central board or the corporation, as the case may be(3) any member of a social security organisation or a committee thereof may at any time resign from his office in writing under his hand addressed to the central government or the state government, as the case may be, which had made his appointment and on acceptance of such resignation, his office shall become vacant30(4) if in a social security organisation or a committee thereof, the central government or the state government, as the case may be, is of the opinion that—(a) any member thereof representing employers or the employees or the unorganised workers, as the case may be, ceases to adequately represent so; or35(b) any member thereof representing to be an expert in a specified area, is later on found not to possess sufficient expertise in that area; or(c) having regard to exigencies of circumstances or services in such government, the member thereof representing such government cannot continue to represent the government;then, such government may, by order, remove such member from his office:provided that no person shall be removed under clause (a) or clause (b), unless that person has been given an opportunity to show cause as to why he should not be removed40 45(5) if any member of a social security organisation or a committee thereof, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration of the social security organisation or a committee thereof, then, he shall, as soon as may be possible after such fact of interest has come to his knowledge, disclose the nature of the interest and such disclosure shall be recorded in the proceedings of the social security organisation or the committee thereof, as the case may be, and such member, thereafter, shall not take part in any proceeding or decision of the social security organisation, or a committee thereof relating to that matter509 (1) a social security organisation or any committee thereof shall meet at such intervals and observe such procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed by the central governmentprocedure for transaction of business of social security organisation, etc510(2) all orders and decisions of the social security organisation shall be authenticated by the central provident fund commissioner, director general, director general labour welfare, state principal secretary or secretary (labour) of the respective social security organisations or such other officer as may be notified by the appropriate government and all other instruments issued by the social security organisation shall be authenticated by the signature of such officer as may be authorised by an order by the respective social security organisations(3) no act done or proceeding taken by a social security organisation or any committee thereof shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the social security organisation or the committee thereof, as the case may be(4) such members of a social security organisation or any committee thereof shall be entitled for such fee and allowances as may be prescribed by the central government1510 the central provident fund commissioner and the director general shall be the whole-time officer of the central board and the corporation, respectively, and such officer shall not undertake any work unconnected with his office without the prior approval of the central governmentexecutive heads of central board and corporation20 25supersession of corporation, central board national social security board or state unorganised workers' board or the building workers' welfare board30 35 404511 (1) if the central government in case of the central board, the corporation or the national social security board and the state government, in case of the state unorganised workers' board or the building workers' welfare board, is of the opinion that the corporation or the central board or the national social security board or the state unorganised workers' board or the building workers' welfare board or any of the committee thereof, as the case may be, is unable to perform its functions, or, has persistently made delay in the discharge of its functions or has exceeded or abused its powers or jurisdiction, then such government may, by notification, supersede the corporation or the central board or the national social security board or the state unorganised workers 'board or the building workers' welfare board, or any of the committees thereof, as the case may be, and reconstitute it in such manner as may be prescribed by the central government:provided that, before issuing a notification under this sub-section on any of the grounds specified herein, such government shall give an opportunity to the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any committee thereof, as the case may be, to show cause as to why it should not be superseded and shall consider the explanations and objections raised by it and take appropriate action thereon(2) after the supersession of the corporation, or the central board or the national social security board, the state unorganised workers' board or the building workers' welfare board, or any of the committee thereof, as the case may be, and until it is reconstituted, the central government or the state government, as the case may be, shall make such alternate arrangements for the purpose of administration of the relevant provisions of this code, as may be prescribed by the central government(3) the central government or the state government, as the case may be, shall cause, a full report of any action taken by it under this section and the circumstances leading to such action, to be laid before each house of parliament or the state legislature, as the case may be, at the earliest opportunity and in any case not later than three months from the date of the notification of supersession issued under sub-section (1)state board, regional boards, local committees, etc12 (1) the central government may, by notification,—(i) after consultation with the government of any state, constitute for that state, a board of trustees (hereinafter in this code referred to as a state board) which shall exercise such powers and perform such functions as may be assigned by notification, to it by the central government from time to time;(ii) specify the manner of constitution of a state board, the terms and conditions of the appointment of its members and the procedure of its meeting and other proceedings relating thereto(2) the corporation may, by order, appoint regional boards and local committees in such area and in such manner to perform such functions and to exercise such powers as may be specified in the regulations13 notwithstanding anything contained in this code, the central government may, by notification,—5entrustment of additional functions to social security organisations(i) assign additional functions to a social security organisation including administration of any other act or scheme relating to social security subject to such provisions as may be specified in this behalf in the notification:10provided that while the additional function of administering the act or scheme are assigned under this clause to a social security organisation, the officer or authority of such organisation, to whom such function has been assigned, shall exercise the powers under the enactment or scheme required for discharging such function in the manner as may be specified in the notification:15provided further that the social security organisations may assign such additional functions to existing officers or appoint or engage new officers necessary for such purpose, if such functions may not be performed and completed with the assistance of its personnel as existing immediately before the assignment of the additional functions;(ii) specify the terms and conditions of discharging the functions under clause (i)by the social security organisation;20(iii) provide that the expenditure incurred in discharging the functions specified in clause (i) including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the central government;25(iv) specify the powers which the social security organisation shall exercise while discharging the functions specified in clause (i); and(v) provide that any expenditure referred to in clause (iii) shall be made by the social security organisation after prior approval of the central government chapter iii employees' provident fund30appointment of officers of central board14 (1) the central government may appoint a central provident fund commissioner who shall be the chief executive officer of the central board and shall also function as head of the employees provident fund organisation35explanation—for the purposes of this code, the expression "employees' provident fund organisation" means the organisation consisting of officers and employees of the central board(2) the central provident fund commissioner shall be subject to the general control and superintendence of the central board in the discharge of his functions under this code40 45(3) the central government shall also appoint a financial advisor and chief accounts officer to assist the central provident fund commissioner in the discharge of his duties(4) the central board may appoint, as many additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and such other officers and employees as it may consider necessary for the efficient administration of the provident fund scheme, the pension scheme and the insurance scheme or other responsibilities assigned to the central board from time to time by the central government(5) no appointment to the post of the central provident fund commissioner or an additional central provident fund commissioner or a financial adviser and chief accounts officer or any other post under the central board carrying a scale of pay equivalent to the scale of pay of any group 'a' or group 'b' post under the central government shall be made except after consultation with the union public service commission:provided that no such consultation shall be necessary in regard to any such appointment—(a) for a period not exceeding one year; or (b) if the person to be appointed is at the time of his appointment,—5(i) a member of the indian administrative service, or (ii) in the service of the central government or the central board in agroup 'a' or group 'b' post10(6) the method of recruitment, salary and allowances, discipline and other conditions of service of the central provident fund commissioner and the financial adviser and chief accounts officer shall be such as may be specified by the central government and such salary and allowances shall be paid out of the provident fund15(7) (a) the method of recruitment, salary and allowances, discipline and other conditions of service of the additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and other officers and employees of the central board shall be such as may be specified by the central board in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:20provided that where the central board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government:provided further that the salary and allowances of the officers specified in this clause shall not exceed the scale of pay respectively provided in the provident fund scheme25(b) in determining the corresponding scales of pay of officers and employees under clause (a), the central board shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the central board shall refer the matter to the central government whose decision thereon shall be finalschemes15 (1) the central government may, by notification—30(a) frame a scheme to be called the employees' provident fund scheme for which the provident funds shall be established under this chapter for employees or for any class of employees and specify the establishments or class of establishments to which the said scheme shall apply;35(b) frame a scheme to be called the employees' pension scheme for the purpose of providing for—(i) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this chapter applies;40(ii) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees; and(iii) nominee pension;(c) frame a scheme to be called the employees' deposit linked insurance scheme for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this chapter applies;45(d) frame any other scheme or schemes for the purposes of providing social security benefits under this code to self-employed workers or any other class of persons; and(e) modify any scheme referred to in clauses (a), (b), (c) and (d) by adding thereto, amending or varying therein, either prospectively or retrospectively5(2) subject to the provisions of this chapter, the schemes referred to in clauses (a), (b)and (c) of sub-section (1) may provide for all or any of the matters respectively specified in part a, part b and part c of the fifth schedule(3) the schemes may provide that all or any of its provisions shall take effect either prospectively or retrospectively on and from such date as may be specified in that behalf in the schemefunds16 (1) the central government may, for the purposes of—10 15(a) the provident fund scheme, establish a provident fund where the contributions paid by the employer to the fund shall be ten per cent of the wages for the time being payable to each of the employees (whether employed by him directly or by or through a contactor), and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent of the wages, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section:20provided that in its application to any establishment or class of establishments which the central government, after making such inquiry as it deems fit, may, by notification, specify, this section shall be subject to the modification that for the words " ten per cent" at both the places where they occur, the words "twelve per cent" shall be substituted:25provided further that the central government, after making such inquiry as it deems fit, may, by notification, specify rates of employees' contributions and the period for which such rates shall apply for any class of employee;(b) the pension scheme, establish a pension fund in the manner specified in that scheme by that government into which there shall be paid, from time to time, in respect of every employee who is a member of the pension scheme,—30(i) such sums from the employer's contribution under clause (a) not exceeding eight and one-third per cent of the wages or such per cent of wages as may be notified by the central government;(ii) such sums payable as contribution to the pension fund, as may be specified in the pension scheme, by the employers of the exempted establishments under section 143 to which the pension scheme applies;35(iii) such sums as the central government after due appropriation by parliament by law in this behalf, specify;40(c) the insurance scheme, establish a deposit-linked insurance fund in the manner specified in that scheme by that government into which there shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent of the wages or such per cent of wages as may be notified by the central government for the time being payable in relation to such employee:45provided that the employer shall pay into the insurance fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under this clause, as the central government may, from time to time, determine to meet all the expenses in connection with the administration of the insurance scheme other than the expenses towards the cost of any benefits provided by or under the insurance scheme(2) the provident fund, the pension fund and the insurance fund shall vest in, and be administered by, the central board in such manner as may be specified in the respective schemes5contribution in respect of employees and contractors1017 (1) the amount of contribution (that is to say, the employer's contribution as wellas the employee's contribution in pursuance of any scheme and the employer's contribution in pursuance of the insurance scheme) and any charge for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor(2) a contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may recover from such employee, the employee's contribution under any scheme by deduction from the wages payable to such employee15(3) notwithstanding any contract to the contrary, no contractor shall be entitled todeduct the employer's contribution or the charges referred to in sub-section (1) from thewages payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee2018 for the purposes of the income-tax act, 1961, the provident fund shall be deemed to be a recognised provident fund within the meaning of clause (38) of section 2 of that act:fund to be recognised under act 43 of 1961provided that nothing contained in the said act shall operate to render ineffective any provision of the provident fund scheme (under which the provident fund is established) which is repugnant to any of the provisions of that act or of the rules made there under2519 notwithstanding anything contained in any other law for the time being in force,any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 201631 of 2016priority of payment of contributions over other debts20 (1) this chapter shall not apply—302 of 1912chapter not to apply to certain establishment(a) to any establishment registered under the co-operative societies act, 1912or under any other law for the time being in force in any state relating to cooperative societies employing less than fifty persons and working without the aid of power; or35(b) to any other establishment belonging to or under the control of the centralgovernment or a state government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the central government or the state government governing such benefits; or40(c) to any other establishment set up under any central or state or any otherlaw for the time being in force and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that law governing such benefits; or(d) to the employees who immediately before the commencement of this codewhere receiving benefits of provident fund under any central or state enactment45(2) if the central government is of the opinion that having regard to the financial position of any class of establishment or other circumstances of the case, it is necessary or expedient so to do, it may, by notification and subject to such conditions, as may be specified in the notification, exempt, whether prospectively or retrospectively, that class of establishments from the operation of this chapter for such period as may be specified in the notificationauthorising certain employers to maintain provident fund accounts521 (1) the central government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, in such manner as may be prescribed by the central government and subject to such terms and conditions as may be specified in the provident fund scheme:10provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this code during the three years immediately preceding the date of such authorisation(2) where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the provident fund scheme15(3) any authorisation made under this section may be cancelled by the central government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this code:20provided that before cancelling the authorisation, the central government shall give the employer a reasonable opportunity of being heard22 where an employee,—transfer of accounts25(a) employed in an establishment to which this chapter applies, relinquishes his employment therefrom and obtains employment in any other establishment to which this chapter applies or not; or(b) employed in an establishment to which this chapter does not apply, relinquishes his employment therefrom and obtains employment in an establishment to which this chapter applies,30then, his accumulated amount in provident fund account or pension account, as the case may be, shall be transferred or dealt with in the manner as may be specified in the provident fund scheme or the pension scheme, as the case may beappeal to tribunal23 (1) any person aggrieved by an order passed by any authority in regard to the following matters may prefer an appeal to the tribunal constituted by the central government, namely:—35(a) determination and assessment of dues under section 125 relating tochapter iii; and(b) levy of damages under section 128 relating to chapter iii(2) every appeal under sub-section (1) shall be filed in such form and manner, within such time and accompanied by such fees as may be prescribed by the central government40(3) no appeal under clause (a) of sub-section (1) by the employer shall be entertained by the tribunal unless he has deposited with social security organisation concerned twenty-five per cent of the amount due from him as determined by an officer under section 125(4) the tribunal shall endeavour to decide the appeal within a period of one year from the date on which the appeal has been preferred45 chapter iv employees state insurance corporation24 (1) the central government may appoint a director general of the corporation and a financial commissioner, who shall be the principal officers of the corporationprincipal officers and other staff5(2) the director general and the financial commissioner shall hold office for such period, not exceeding five years, as may be specified in the order of appointment:provided that outgoing director general or financial commissioner shall be eligible for re-appointment if he is otherwise qualified10(3) the director general or the financial commissioner shall receive such salary and allowances as may be prescribed by the central government(4) the director general and the financial commissioner shall exercise such powers and discharge such duties as may be prescribed by the central government and shall perform such other functions as may be specified in the regulations15(5) a person shall be disqualified from being appointed as or for being the director general of the corporation or the financial commissioner if he is subject to any of the disqualifications specified in section 820(6) the central government may at any time remove the director general of the corporation or the financial commissioner from office and shall do so if such removal is recommended by a resolution of the corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-third of the total strength of the corporation(7) the corporation may employ such other officers and employees as may be necessary for the efficient transaction of its business and for discharge of any other responsibilities assigned to the corporation from time to time by the central government:25provided that the sanction of the central government shall be obtained for the creation of any post the maximum monthly salary of which exceeds such salary as may be prescribed by the central government30(8) (a) the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees of the corporation shall be such as may be specified in the regulations in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:35provided that the terms and conditions of service including pay and allowances of such posts of medical specialists and super specialists in the corporation possessing comparable qualifications and expertise, as may be notified by the central government, with the equivalent posts of the specialists and super specialists in the all india institute of medical sciences or in the post graduate institutes of medical sciences and research or other similar institutions established by the central government, shall respectively be similar:40provided further that where the corporation is of the opinion that it is necessary tomake a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government:provided also that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis45(b) in determining the corresponding scales of pay of officers and employees underclause (a), the corporation shall have regard to the educational qualifications, method ofrecruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the corporation shall refer the matter to the central government whose decision thereon shall be final(9) every appointment to posts (other than medical, nursing or para-medical posts)corresponding to group 'a' and group 'b' gazetted posts under the central government shall be made in consultation with the union public service commission:5provided that the provisions of this sub-section shall not apply to an officiating or temporary appointment for a period not exceeding one year:provided further that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade10(10) if any question arises whether a post corresponds to a group 'a' and group 'b'posts under the central government, the question shall be referred to that government whose decision thereon shall be finalemployees' state insurance fund1525 (1) all contributions and user charges paid under this chapter and all other moneys received on behalf of the corporation shall be paid into a fund (hereinafter referred as the employees' state insurance fund) which shall be held and administered by the corporation for the purposes of this code:provided that the user charges collected from the other beneficiaries referred to in section 44 shall be deemed to be contribution and shall form part of employees' state insurance corporation20(2) the corporation may accept grants, donations, corporate social responsibility fund and gifts from the central or any state government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this chapter25(3) subject to the other provisions contained in this code and to any rules or regulations made in this behalf, all moneys accruing or payable to the said fund shall be deposited in such bank or banks as may be approved by the central government to the credit of an account styled the account of the employees' state insurance fund30(4) the employees state insurance fund or any other money which is held by the corporation shall be deposited or invested in the manner prescribed by the central government and the account referred to in sub-section (3) shall be operated by such officers as may be authorised by the committee constituted under sub-section (3) of section 5(hereinafter referred to as the standing committee) with the approval of the corporation26 subject to the provisions of this chapter and the rules and regulations relating thereto, made under this code, the employees' state insurance fund shall be expended only for the following purposes, namely:—35purposes for which employees' state insurance fund may be expended| ( | a | ) payment of benefits and provision of medical treatment and attendance to ||-------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| insured persons referred to in section 28 and, where the medical benefit is extended | | || to their families, the provision of such medical benefit to their families, in accordance | | || with the provisions of this chapter and the rules and regulations relating thereto and | | || defraying the charges and costs in connection therewith; | | || 40 | | || ( | b | ) payment of fees and allowances to members of the corporation, the standing || committee, the medical benefit committee or other committees thereof; | | || 45 | | || ( | c | ) payment of salaries, leave and joining time allowances, travelling and || compensatory allowances, gratuities and compassionate allowances, pensions, | | || contributions to provident or other benefit fund of officers and staff of the corporation | | || and meeting the expenditure in respect of offices and other services set up for the | | || purpose of giving effect to the provisions of this code relating to this chapter; | | || ( | d | ) establishment and maintenance of hospitals, dispensaries and other || institutions and the provision of medical and other ancillary services for the benefit | | |of insured persons referred to in section 28 and, where the medical benefit is extended to their families;5(e) payment of contributions to any state government, local authority or anyprivate body or individual, towards the cost of medical treatment and attendance provided to insured persons referred to in section 28 and, where the medical benefit is extended to their families, their families, including the cost of any building and equipment, in accordance with any agreement entered into by the corporation;(f) defraying the cost (including all expenses) of auditing the accounts of thecorporation and of the valuation of its assets and liabilities;10(g) defraying the cost (including all expenses) of the employees' insurancecourts set up under this chapter;(h) payment of any sums under any contract entered into for the purposes ofthis code by corporation or the standing committee or by any officer duly authorised by the corporation or the standing committee in that behalf;15(i) payment of sums under any decree, order or award of any court or tribunalagainst the corporation or any of its officers or staff for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the corporation;20(j) defraying the cost and other charges of instituting or defending any civil orcriminal proceedings arising out of any action taken under this code relating to this chapter;25(k) defraying expenditure, within the limits prescribed by the centralgovernment after consultation with the corporation, on measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons referred to in section 28 who have been disabled or injured; and(l) such other purposes as may be authorised by the corporation with the previous approval of the central governmentholding of property, etc3027 (1) the corporation may, subject to such conditions as may be prescribed by the central government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established35(2) subject to such conditions as may be prescribed by the central government, the corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this code and may, subject to as aforesaid, from time to time re-invest or realise such investments40(3) the corporation may, with the previous sanction of the central government and on such terms as may be prescribed by it, raise loans and take measures for discharging such loans(4) the corporation may constitute for the benefit of its officers and staff or any class of them, such provident or other benefit fund as it may think fitall employees to be insured4528 (1) subject to the provisions of this code, every employee in an establishment to which this chapter applies shall be insured in such manner whether electronically or otherwise, as may be prescribed by the central government(2) an employee whether insured or insurable under sub-section (1) in respect of whom contributions are or were payable and who is by reason thereof, entitled to any of the benefits provided under this chapter, shall be called "insured person"contributions29 (1) the contribution payable under this chapter in respect of an employee shallcomprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the corporation5(2) the contributions (employer's contribution and the employee's contribution both)shall be paid at such rates as may be prescribed by the central government(3) the wage period in relation to an employee shall be the unit as specified in theregulations (hereinafter referred to as the wage period) in respect of which all contributions shall be payable under this chapter10(4) the contributions payable in respect of each wage period shall ordinarily fall dueon the last day of the wage period, and where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period, the contributions shall fall due on such days as may be specified in the regulationsadministrative expenses1530 the types of expenses which may be termed as administrative expenses and thepercentage of the income of the corporation which may be spent for such expenses shall be such as may be prescribed by the central government and the corporation shall keep its administrative expenses within the limit so prescribed by the central government2031 (1) the employer shall pay in respect of every employee, whether directly employed by him or by or through a contractor, both the employer's contribution and the employee's contributionprovisions as to payment of contributions by employer, etc25(2) notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this code and the rules and regulations, if any, made there under in this behalf, the employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by reduction from his wages and not otherwise:provided that no such deduction shall be made from any wages other than such as relates to the period or part of the period in respect of which the contribution is payable or in excess of the sum representing the employee's contribution for the period30(3) notwithstanding any contract to the contrary, neither the employer nor the contractor shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him(4) any sum deducted by the employer from wages under this chapter shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted35(5) the employer shall bear the expenses of remitting the contributions to the corporation40(6) an employer, who has paid contribution in respect of an employee employed by or through a contractor, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any,) from the contractor, either by deduction from any amount payable to him by the employer under any contract, or as a debt payable by the contractor(7) the contractor shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the employer before the settlement of any amount payable under sub-section (6)45(8) in the case referred to in sub-section (6), the contractor shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to such conditions as specified in the proviso to sub-section (2)(9) subject to the provisions of this code, the corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this chapterbenefits532 (1) subject to the provisions of this code, the insured persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely :—(a) periodical payments to any insured person in case of his sickness certified by a duly appointed medical practitioner or by any other person possessing such qualifications and experience as the corporation may, by the regulations, specify in this behalf (hereinafter referred to as sickness benefit);10(b) periodical payments to an insured person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);15(c) periodical payments to an insured person suffering from disablement as a result of an employment injury sustained by him as an employee for the purposes of this chapter and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit);20(d) periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained by him as an employee for the purposes of this chapter, as are entitled under this chapter (hereinafter referred to as dependants' benefit);25(e) medical treatment for and attendance on insured persons (hereinafter referred to as medical benefit); and(f) payment to the eldest surviving member of the family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person (to be known as funeral expenses):30 35provided that the amount of payment under this clause shall not exceed such amount as may be prescribed by the central government and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the corporation or any officer or authority authorised by it in this behalf may allow(2) the corporation may, subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person40(3) the qualification of a person to claim sickness benefit, maternity benefit,disablement benefit and dependants' benefit and the conditions subject to which such benefit may be given and the rate and period thereof, shall be such as may be prescribed by the central government(4) subject to the provisions of this code and the rules made there under relating to this chapter, the corporation may make regulations for any matter relating or incidental to the accrual and payment of benefits payable under this chapter4533 the corporation may, in addition to the benefits specified in this chapter, promotemeasures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons who have been disabled or injured and may incur in respect of such measures, expenditure from the employees' state insurance fund within such limits as may be prescribed by the central governmentcorporation's power to promote measures for health, etc, of insured persons34 (1) for the purposes of this chapter, an accident arising in the course of an employee's employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employmentpresumption as to accident arising in course of employment5(2) an accident happening to an employee in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property10(3) an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established15(4) an accident happening while an employee is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if—20(a) the accident would have been deemed so to have arisen had he been under such obligation; and(b) at the time of the accident, the vehicle—(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and(ii) is not being operated in the ordinary course of public transport service25explanation—in this section, "vehicle" includes a vessel and an aircraft 35 an accident shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—30accidents happening while acting in breach of law, etc(a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and35(b) the act is done for the purpose of and in connection with the employer'strade or businessoccupational disease4036 (1) if an employee employed in any employment specified in part a of the third schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in part b of that schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in part c of that schedule for such continuous period as the corporation may specify by regulations in respect of each such employment, contracts any disease specified in such part c as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury ", arising out of and in the course of employment45(2) save as provided by sub-section (1), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment(3) the provisions of sub-section (1) of section 34 shall not apply to the cases to which this section applies37 (1) any question—references to medical board(a) whether the relevant accident has resulted in permanent disablement; or5(b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or(c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or10(d) in the case of provisional assessment, as to the period for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisions of the regulations (hereinafter referred to as medical board) and any such question shall hereafter be referred to as the "disablement question"15(2) the case of any insured person for permanent disablement benefit shall be referred by the corporation to a medical board for determination of the disablement in question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment20(3) any decision under this chapter of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent25(4) any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury:30provided that an assessment shall not be reviewed under this sub-section unless the medical board is of the opinion, having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, that substantial injustice will be done by not reviewing it35(5) except with the leave of a medical appeal tribunal constituted by regulations, an assessment shall not be reviewed under sub-section (4) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application40(6) subject to the foregoing provisions of this section, a medical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final and the provisions of sub-section (2) shall apply to an application for review under this sub-section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that sub-section and to a decision of the medical board in connection with such case45(7) (a) if the insured person or the corporation is aggrieved by any decision of the medical board, the insured person or the corporation, as the case may be, may appeal in such manner and within such time as may be prescribed by the central government to—(i) the medical appeal tribunal constituted in accordance with the provisions of the regulations; or (ii) the employees' insurance court directly:provided that no appeal by an insured person shall lie under this sub-section if such person has applied for commutation of disablement benefit on the basis of the decision of the medical board and received the commuted value of such benefits:5provided further that no appeal by the corporation shall lie under this sub-section if the corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board10(b) where the insured person or the corporation preferred appeal to the medical appeal tribunal under sub-clause (i) of clause (a) instead of to the employees' insurance court under sub-clause (ii) of that clause, then, he or it, as the case may be, shall have the further right to file second appeal to the employees' insurance court in such manner and within such time as may be prescribed by the appropriate governmentdependants' benefit1538 (1) if an insured person dies as a result of an employment injury sustained as an employee under this chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such conditions as may be prescribed by the central government20(2) in case the insured person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the central government25(3) any decision awarding dependants' benefit under this chapter may be reviewed at any time by the corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this chapter due to any birth or death or due to the marriage, re-marriage, or ceasing of infirmity, or attainment of the age of twenty-five years by, a claimant30(4) subject to the provisions of this chapter, the corporation may, on such review under sub-section (3), direct that the dependants' benefit be continued, increased, reduced or discontinuedmedical benefit3539 (1) an insured person or (where such medical benefit is extended to his family)a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit(2) such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or treatment as in-patient in a hospital or other institution40(3) the qualification of an insured person and (where such medical benefit is extended to his family) his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof shall be such as may be prescribed by the central government:45provided that a person in respect of whom contribution ceases to be payable under this chapter may be allowed medical benefit for such period and of such nature as may be provided by the regulations:provided further that an insured person who has attained the age of superannuation, a person who retires under a voluntary retirement scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be specified in the regulations:provided also that an insured person who ceases to be in insurable employment on account of permanent disablement caused due to employment injury shall continue to receive medical benefits, subject to payment of contribution and other conditions as may be prescribed by the central government:5provided also that the conditions for grant of medical benefits to the insured personduring employment injury shall be as specified in the regulations(4) (a) the corporation may establish medical education institutions, including colleges, dental colleges, nursing colleges and the training institutes for its officers and staff with a view to improve the quality of their services10(b) the medical education institutions referred to in clause (a) shall require its studentsto furnish a bond for serving the corporation for such time and in such manner, as may be specified in the regulations15(5) the medical education institutions and training institutes referred to insub-section (4) may be run by the corporation itself or on the request of the corporation, by the central government, any state government, public sector undertaking of the central government or the state government or any other body notified by the central governmentexplanation—for the purposes of this sub-section, the expression "other body"means any such organisation of persons which the central government considers capable to run colleges and training institutions referred to in sub-section (4)20(6) the corporation may, in order to take preventive and curative measures for welfareof the insured persons, carry out such occupational and epidemiological surveys and studies for assessment of health and working conditions of insured persons in such manner as may be specified in the regulations2540 (1) the state government shall provide for insured persons and (where suchbenefit is extended to their families) their families in the state, reasonable medical, surgical and obstetric treatment:provision of medical treatment by state government or by corporationprovided that the state government may, with the approval of the corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon30(2) where the incidence of sickness benefit payment to insured persons in any stateis found to exceed the all-india average, the amount of such excess shall be shared between the corporation and the state government in such proportion as may be fixed by agreement between them:35provided that the corporation may in any case waive the recovery of the whole orany part of the share which is to be borne by the state government40(3) the corporation may enter into an agreement with a state government in regard to the nature and scale of the medical treatment that should be provided to insured persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equipment, medicines, and staff) and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to insured persons between the corporation and the state government45(4) in default of agreement between the corporation and any state government as aforesaid, the nature and extent of the medical treatment to be provided by the state government and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the corporation and that government, shall be determined by an arbitrator who shall be appointed by the central government in consultation with the state government(5) the state government may, in addition to the corporation under this code, with the previous approval of the central government, establish such organisation (by whatever name called) to provide for certain benefits to employees in case of sickness, maternity and employment injury:5provided that any reference to the state government in this code relating to this chapter shall also include reference to the organisation as and when such organisation is established by the state government(6) the organisation referred to in sub-section (5) shall have such structure, discharge functions, exercise powers and undertake such activities as may be prescribed by the central government10(7) the corporation may establish and maintain in a state such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of insured persons and (where such medical benefit is extended to their families), their families15(8) the corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof(9) the corporation may also enter into agreement with any local authority, local body or private body for commissioning and running employees' state insurance hospitals through third party participation for providing medical treatment and attendance to insured persons and (where such medical benefit has been extended to their families), to their families20 25(10) notwithstanding anything contained in any other provision of this chapter, the corporation may, in consultation with the state government, undertake the responsibility for providing medical benefit to insured persons and (where such medical benefit is extended to their families), to the families of such insured persons in the state subject to the condition that the state government shall share the cost of such medical benefit in such proportion as may be agreed upon between the state government and the corporation(11) in the event of the corporation exercising its power under sub-section (10), the provisions relating to medical benefit under this chapter shall apply, so far as may be, as if a reference therein to the state government were a reference to the corporation30(12) notwithstanding anything contained in this code, in respect of establishments located in the states where medical benefit is provided by the corporation, the central government shall be the appropriate government41 (1) save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this chaptergeneral provisions as to benefits35(2) save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike(3) a person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) —40(a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereof;45(b) shall not while under treatment do anything which might retard or prejudice his chances of recovery;(c) shall not leave the area in which medical treatment provided by this chapter is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and(d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the corporation in this behalf(4) an insured person shall not be entitled to receive for the same period—(a) both sickness benefit and maternity benefit; or5(b) both sickness benefit and disablement benefit for temporary disablement;or(c) both maternity benefit and disablement benefit for temporary disablement(5) where a person is entitled to more than one of the benefits mentioned in sub-section (4), he shall be entitled to choose which benefit he shall receive10(6) if a person dies during any period for which he is entitled to a cash benefit underthis chapter, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person15(7) (a) any person eligible for availing dependant or disablement benefit under thischapter shall not be entitled to claim employees' compensation from his employer under chapter vii(b) any women employee eligible for availing maternity benefit under this chapter shall not be entitled to claim maternity benefit from her employer under chapter vi20(8) where any person has received any benefit or payment under this chapter whenhe is not lawfully entitled thereto, he shall be liable to repay to the corporation the value of the benefit or the amount of such payment, or in the case of death, his legal representative shall be liable to repay the same from the assets of the deceased devolved on him25(9) the value of any benefits received other than cash payments shall be determinedby such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final(10) the amount recoverable under this section may be recovered in the manner specified under sections 129 to 13242 (1) if any employer, —30corporation'srights when an employer fails to register, etc(a) fails or neglects to insure under section 28, an employee at the time of hisappointment or within such extended period as may be prescribed by the central government, as a result of which the employee becomes disentitled to any benefit under this chapter; or35(b) insures under section 28, an employee on or after the date of accident whichresulted in personal injury to such employee which has the effect of making such employee disentitled to receive any dependant benefit or disablement benefit from the corporation; or40(c) fails or neglects to pay any contribution which under this chapter he isliable to pay in respect of any employee and by reason thereof such employee becomes disentitled to any benefit or becomes entitled to a benefit on a lower scale,45then, the corporation may, on being satisfied in the manner prescribed by the central government that the benefit is payable to the employee, pay to the employee benefit at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the capitalised value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the central government:provided that the capitalised value to be calculated may be adjusted for the payment of any contribution and interest or damages that the employer is liable to pay for delay in the payment of or non-payment of such contribution5(2) the amount recoverable under this section may be recovered as if it were an arrear of land revenue or recovered in the manner specified under sections 129 to 13243 (1) where the corporation considers that the incidence of sickness among insured persons is excessive by reason of—10liability of owner or occupier of factories, etc, for excessive sickness benefit(a) insanitary working conditions in a factory or other establishment or the neglect of the owner or occupier of the factory or other establishment to observe any health regulations enjoined on him by or under any enactment for the time being in force, or15(b) insanitary conditions of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactments for the time being in force,20then, the corporation may send to the owner or occupier of the factory or other establishment or to the owner of the tenement or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the corporation as sickness benefit; and if the claim is not settled by agreement, the corporation may refer the matter, with a statement in support of its claim, to the appropriate government(2) if the appropriate government is of the opinion that a prima facie case for inquiry is made out, it may appoint a competent person or persons to hold an inquiry into the matter referred under sub-section (1)25(3) if upon inquiry under sub-section (2), it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit, as well as the person or persons by whom the whole or any part of such amount shall be paid to the corporation30(4) a determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a civil court35(5) for the purposes of this section, "owner" of tenements or lodging shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the ownerscheme for other beneficiaries44 notwithstanding anything contained in this chapter, the central government may, by notification, frame, amend, vary or rescind scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised on payment of user charges, and prescribe the terms and conditions subject to which the scheme may be operated40explanation— for the purposes of this section,—(a) "other beneficiaries" means persons other than employees insured under section 28;45(b) "underutilised hospital" means any hospital not fully utilised by the employees insured under section 28; and(c) "user charges" means the amount which is to be charged from other beneficiaries for medical facilities as may be specified in the regulations after prior approval of the central government 45 (1) notwithstanding anything contained in this chapter, the central government may, by notification, frame scheme for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under this chapter by the corporationschemes for unorganised workers, gig workers and platform workers5(2) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions subject to which the scheme may be operated shall be such as may be specified in the scheme1046 the appropriate government may, after consultation with the corporation, by notification and subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to the government or any local authority, from the operation of this chapter if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this chapterexemption of factories or other establishments belonging to government or any local authority1531 of 201647 notwithstanding anything contained in any other law for the time being in force, any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 2016contributions, etc, due to corporation to have priority over other debts48 (1) the state government shall, by notification, constitute an employees' insurance court for such local area as may be specified in the notificationconstitution of employees' insurance court20(2) the employees' insurance court shall consist of such number of judges as the state government may think fit(3) any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a judge of the employees' insurance court25(4) the state government may appoint the same court for two or more local areas or two or more employees' insurance courts for the same local area(5) where more than one employees' insurance court has been appointed for the same local area, the state government may by general or special order regulate the distribution of business between them49 (1) if any question or dispute or claim arises as to—30(a) whether any person is an employee within the meaning of this code relating to this chapter or whether he is liable to pay the employee's contribution; ormatters to bedecided by employees' insurance court(b) the rate of wages or average daily wages of an employee for the purposes of this chapter; or35(c) the rate of contribution payable by an employer in respect of any employeeunder this chapter; or(d) the person who is or was the employer in respect of any employee for thepurposes of this chapter; or(e) the right of any person to any benefit under this chapter and as to theamount and duration thereof; or40(f) any direction issued by the corporation on a review of any payment ofdependants' benefit under this chapter; or45(g) any other matter which is in dispute between an employer and the corporationrelating to this chapter, or between an employer and a contractor relating to this chapter or between a person and the corporation relating to this chapter or between an employee and an employer or contractor relating to this chapter, in respect of any contribution or benefit or other dues payable or recoverable under this code relating to this chapter; or(h) claim for the recovery of contributions from the employer under this code relating to this chapter; or5(i) claim under sub-section (8) of section 41 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; or(j) claim against an employer under section 42; or (k) order of the appellate authority under section 126 in respect of chapter iv;or(l) claim by an employer to recover contributions from any contractor under this code relating to this chapter; or10(m) any other claim for the recovery of any benefit admissible under this chapter, such matter shall be decided by the employers' insurance court15(2) no matter which is in dispute between an employer and the corporation in respect of any contribution or any other dues under this chapter shall be raised by the employer in the employees' insurance court unless he has deposited with that court fifty per cent of the amount due from him as claimed by the corporation:provided that the employees' insurance court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section20(3) no civil court shall have jurisdiction to decide or deal with any question or dispute as specified in sub-section (1) or to adjudicate on any liability which by or under this code relating to this chapter is to be decided by a medical board, or by a medical appeal tribunal or by the employees' insurance court25powers of employees' insurance court2 of 197450 (1) the employees' insurance court shall have all the powers of a civil court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a civil court within the meaning of section 195 and chapter xxvi of the code of criminal procedure, 1973(2) the employees' insurance court shall follow such procedure as may be prescribed by the state government30(3) all costs incidental to any proceeding before an employees' insurance court shall, subject to such rules as may be made in this behalf by the state government, be in the discretion of that court(4) an order of the employees' insurance court shall be enforceable by it as if it were a decree passed in a suit by a civil court3551 (1) the manner of commencement of proceedings before the employees' insurance court, fees and procedure thereof shall be such as may be prescribed by the appropriate government:proceedings of employees' insurance courts40provided that the limitation for initiating the proceedings by the aggrieved person in the employees' insurance court shall be three years from the date on which the cause of action arises:45provided further that the "arising of cause of action" in respect of a claim by the insured person or dependants; by the corporation for recovering contribution (including interests and damages) from the employer; and the claim by the employer for recovering contributions from a contractor and the time within which such claims, recovery or contribution, from employer by the corporation and recovery of contribution by the employer from the contractor, shall be as specified in the regulations5(2) any application, appearance or act required to be made or done by any person to, or before, an employees' insurance court (other than appearance of a person required for the purpose of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorised in writing by such person or with the permission of that court, by any other person so authorised(3) an employees' insurance court may submit any question of law for the decision of the high court and if it does so shall decide the question pending before it in accordance with such decisionappeal to high court1052 (1) save as expressly provided in this section, no appeal shall lie from an order of an employees' insurance court(2) an appeal shall lie to the high court from an order of an employees' insurance court, if it involves a substantial question of law(3) the appeal shall be filed under this section within a period of sixty days from the date of the order made by the employees' insurance court1536 of 1963(4) the provisions of sections 5 and 12 of the limitation act, 1963 shall apply toappeals under this section(5) where the corporation has presented an appeal against an order of the employees'insurance court, that court may, and if so directed by the high court, shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against20 chapter v gratuitypayment of gratuity53 (1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—(a) on his superannuation; or25(b) on his retirement or resignation; or (c) on his death or disablement due to accident or disease; or(d) on termination of his contract period under fixed term employment; or(e) on happening of any such event as may be notified by the central government:3045 of 1955provided that in case of working journalist as defined in clause (f) of section 2 of the working journalists and other newspaper employees (condition of service) and miscellaneous provisions act, 1955, the expression "five years" occurring in this sub-section shall be deemed to be three years:35provided further that the completion of continuous service of five years shall not benecessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the central government:40provided also that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the competent authority as may be notified by the appropriate government who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed by the appropriate government, until such minor attains majority45(2) for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages or such number of days as may be notified by the central government, based on the rate of wages last drawn by the employee concerned:provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:5provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season:provided also that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis10(3) the amount of gratuity payable to an employee shall not exceed such amount as may be notified by the central government15(4) for the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced(5) nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer(6) notwithstanding anything contained in sub-section (1),—20(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;(b) the gratuity payable to an employee may be wholly or partially forfeited—25(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided such offence is committed by him in the course of his employment30explanation 1— for the purposes of this chapter, employee does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuityexplanation 2— for the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease, resulting in such disablement35explanation 3— for the purposes of this section, it is clarified that in the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen54 for the purposes of this chapter,—continuous service40 45(a) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this code;(b) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer—5(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—10(i) one hundred and ninety days, in the case of any employeeemployed below the ground in a mine or in an establishment which works for less than six days in a week; and(ii) two hundred and forty days, in any other case;(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than—15(i) ninety-five days, in the case of an employee employed below theground in a mine or in an establishment which works for less than six days in a week; and(ii) one hundred and twenty days, in any other case20explanation— for the purposes of this clause, the number of days on which an employee has actually worked under an employer shall include the days on which—20 of 1946 14 of 1947(i) he has been laid-off under an agreement or as permitted by standing orders made under the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment;25(ii) he has been on leave with full wages, earned in the previous year;(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and30(iv) in the case of a female, she has been on maternity leave; so,however, that the total period of such maternity leave does not exceed twenty-six weeks;35(c) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such periodnomination4055 (1) each employee, who has completed one year of service, shall make, a nomination within such time, in such form and in such manner, as may be prescribed by the appropriate government(2) an employee may, in his nomination, distribute the amount of gratuity payable to him under this chapter amongst more than one nominee(3) if an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void45(4) if at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed by the appropriate government, a fresh nomination in favour of one or more members of his family5(5) a nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be prescribed by the appropriate government, of his intention to do so10(6) if a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the form prescribed by the appropriate government, in respect of such interest(7) every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody15determination of amount of gratuity56 (1) a person who is eligible for payment of gratuity under this chapter or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed by the appropriate government, for payment of such gratuity20(2) as soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determined(3) the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable25(4) if the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the central government from time to time for repayment of long term deposits:30provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the competent authority for the delayed payment on this ground35(5) (a) if there is any dispute as to the amount of gratuity payable to an employee under this chapter or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the competent authority such amount as he admits to be payable by him as gratuity40(b) where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the competent authority in the form prescribed by the appropriate government for deciding the dispute45(c) the competent authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the competent authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer(d) the competent authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto(e) as soon as may be after a deposit is made under clause (a), the competent authority shall pay the amount of the deposit—(i) to the applicant where he is the employee; or (ii) where the applicant is not the employee, to the nominee or, as the case maybe, the guardian of such nominee or heir of the employee if the competent authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity55 of 1908(6) for the purpose of conducting an inquiry under sub-section (5), the competent authority shall have the same powers as are vested in a court, while trying a suit, under the code of civil procedure, 1908, in respect of the following matters, namely:—(a) enforcing the attendance of any person or examining him on oath;10(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses(7) any inquiry under this section shall be a judicial proceeding within the meaning of section 193, section 228, and for the purpose of section 196, of the indian penal code45 of 186015(8) any person aggrieved by an order under sub-section (5) may, within sixty daysfrom the date of the receipt of the order, prefer an appeal to the appropriate government or such other authority as may be specified by the appropriate government in this behalf:20provided that the appropriate government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days:25provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the competent authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (5), or deposits with the appellate authority such amount(9) the appropriate government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify, or reverse the decision of the competent authority30compulsory insurance3541 of 199957 (1) with effect from such date as may be notified by the appropriate governmentin this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed by the central government, for his liability for payment towards the gratuity under this chapter, from any insurance company regulated by the authority as defined under clause (b) of sub-section (1) of section 2 of the insurance regulatory and development authority act, 1999:provided that different dates may be appointed for different establishments or classof establishments or for different areas40(2) the appropriate government may, subject to such conditions as may be prescribedby the central government, exempt any employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed by the central government from the provisions of sub-section (1)45(3) for the purposes of effectively implementing the provisions of this section, everyemployer shall within such time as may be prescribed by the central government get his establishment registered with the competent authority in the manner prescribed by the appropriate government and no employer shall be registered under the provisions of thissection unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2)5(4) the appropriate government may provide for the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the board of trustees of the approved gratuity fund, in such manner as may be prescribed10(5) where an employer fails to make any payment by way of premium in respect of the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this chapter (including interest, if any, for delayed payments) forthwith to the competent authority43 of 1961explanation— in this section, "approved gratuity fund" shall have the same meaning as assigned to it in sub-section (5) of section 2 of the income-tax act, 196115competent authority58 (1) the appropriate government may, by notification, appoint any officer of that government having such qualifications and experience as may be prescribed by that government to be a competent authority for implementation of any provision of this chapter for such area as may be specified in the notification20(2) where more than one competent authority has been appointed for any area, the appropriate government may, by general or special order, regulate the distribution of business among them(3) any competent authority may, for the purpose of deciding any matter referred to him for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under reference to assist him in holding the inquiry relating thereto25 chapter vi maternity benefit3059 (1) no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancyemployment of, or work by, women prohibited during certain period(2) no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy35(3) without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health(4) the period referred to in sub-section (3) shall be—40(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6245explanation— for the purposes of this section, the expression "any work of arduous nature" shall mean any work which involve or require strenuous effort or is difficult and tiring in natureright to payment of maternity benefit60 (1) subject to the other provisions of this code, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day529 of 2019explanation—for the purposes of this sub-section, "the average daily wage" means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the code on wages, 201910(2) no woman shall be entitled to maternity benefit unless she has actually worked inan establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery15explanation— for the purposes of calculating the period under this sub-section, the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages, during the period of twelve months immediately preceding the expected date of her delivery shall be taken into account20(3) the maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery:provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:25provided further that where a woman dies during this period, the maternity benefitshall be payable only for the days up to and including the day of her death:30provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the childexplanation— for the purposes of this sub-section, "child" includes a stillborn child35(4) a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be40(5) in case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree4561 every woman entitled to the payment of maternity benefit under this chapter, shall, notwithstanding the application of chapter iv to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32continuance of payment of maternity benefit in certain cases62 (1) any woman employed in an establishment and entitled to maternity benefit under the provisions of this chapter may give notice in writing in such form as may be prescribed by the central government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this chapter may be paid to hernotice of claim for maternity benefit and payment thereofor to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit5(2) in the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery(3) any woman who has not given the notice when she was pregnant may give such notice as soon as possible after her delivery(4) on receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit10 15(5) the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the central government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed by the central government that the woman has been delivered of a child20(6) the failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this chapter if she is otherwise entitled to such benefit or amount and in any such case an inspector-cum-facilitator may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the orderpayment of maternity benefit in case of death of a woman63 if a woman entitled to maternity benefit or any other amount under this chapter, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 60, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 62 and in case there is no such nominee, to her legal representative25payment of medical bonus64 every woman entitled to maternity benefit under this chapter shall also be entitled to receive from her employer a medical bonus of three thousand five hundred rupees or such amount as may be notified by the central government, if no pre-natal confinement and post-natal care is provided for by the employer free of charge30leave for miscarriage, etc65 (1) in case of miscarriage, or medical termination of pregnancy, a woman shall, onproduction of such proof as may be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy35(2) in case of tubectomy operation, a woman shall, on production of such proof asmay be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation40(3) a woman suffering from illness arising out of pregnancy, delivery, prematurebirth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the central government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period ofone month45nursing breaks66 every woman delivered of a child who returns to duty after such delivery shall, inaddition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of such duration as may be prescribed by the central government, for nursing the child until the child attains the age of fifteen monthscreche facility5067 (1) every establishment to which this chapter applies, in which fifty employees orsuch number of employees as may be prescribed by the central government, are employedshall have the facility of crèche within such distance as may be prescribed by the central government, either separately or along with common facilities:provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her:5provided further that an establishment may avail common crèche facility of the centralgovernment, state government, municipality or private entity or provided by non- governmental organisation or by any other organisation or group of establishments who may pool their resources for setting up of common crèche in the manner as they may agree for such purpose10(2) every establishment to which this chapter applies shall intimate in writing andelectronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this chapterdismissal for absence during pregnancy1568 (1) when a woman absents herself from work in accordance with the provisions of this chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:20provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:provided further that where the dismissal is for any gross misconduct as may be prescribed by the central government, the employer may, by order in writing, communicated to the woman, deprive her of the maternity benefit or medical bonus, or both25 30(2) any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed, shall be final69 no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this chapter shall be made by reason only of—no deduction of wages in certain cases35(a) the nature of work assigned to her by virtue of the provisions contained in section 59; or(b) breaks for nursing the child allowed to her under the provisions of section 66forfeiture of maternity benefit4070 a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefits provided under this chapter shall not be entitled to receive maternity benefit for such periodduties of employer71 an abstract of the provisions of this chapter and the rules relating thereto in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed72 (1) any woman claiming that,—45(a) maternity benefit or any other amount to which she is entitled under thischapter and any person claiming that payment due under this chapter has been improperly withheld;power of inspectorcum- facilitator to direct payments to be made(b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this chapter, may make a complaint to the inspector-cum-facilitator5(2) the inspector-cum-facilitator may, on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that—(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his order in writing;(b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this chapter,10may pass such orders as he deems just and proper according to the circumstances of the case(3) any person aggrieved by the order of the inspector-cum-facilitator under sub-section (2) may, within thirty days from the date on which such order is communicated to such person, appeal to the authority prescribed by the appropriate government15(4) the decision of the authority referred to in sub-section (3), where an appeal has been preferred to it under that sub-section or of the inspector-cum-facilitator where no such appeal has been preferred, shall be final chapter vii employee's compensation20reports of fatal accidents and serious bodily injuries73 (1) where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring in his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury:25provided that where the state government has so specified, the person required to give the notice may instead of sending such report to the competent authority send it to the authority to whom he is required to give the notice30explanation— for the purposes of this sub-section, "serious bodily injury" means an injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days35(2) the state government may, by notification, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the competent authority(3) nothing in this section shall apply to establishments to which chapter iv, relating to employees' state insurance corporation, applies40employer's liability for compensation74 (1) if personal injury is caused to an employee by accident or an occupational disease listed in the third schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable—45(a) in respect of such injury which does not result in the total or partial disablement of the employee for a period exceeding three days; and(b) in respect of such injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to—(i) the employee having been at the time thereof under the influence ofdrink or drugs, or5(ii) the wilful disobedience of the employee to an order expressly given,or to a rule expressly framed, for the purpose of securing the safety of employees, or(iii) the wilful removal or disregard by the employee of any safety guardor other device which he knew to have been provided for the purpose of securing the safety of employee10(2) an accident or an occupational disease referred to in sub-section (1) shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident or at the time of contracting the occupational disease, referred to in that sub-section, acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—15(a) such accident or contracting of such occupational disease would have beendeemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and(b) the act is done for the purpose of, and in connection with, the employer'strade or business20 25(3) if an employee employed in any employment specified in the second schedulecontracts any disease specified in the third schedule, being an occupational disease peculiar to that employment whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months, then, such disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment30(4) an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and his employment is established35 40(5) the central government or the state government, after giving, by notification, not less than three months' notice of its intention so to do, may, by a like notification, modify or add any description of employment to the employments specified in the second schedule, and occupational diseases specified in the third schedule and shall specify in the case of employments so modified or added, the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply, in the case of a notification by the central government, within the territories to which this code extends or, in case of a notification by the state government, within that state as if such diseases had been declared by this code to be occupational diseases peculiar to those employments45(6) save as provided by sub-sections (2), (3) and (4), no compensation shall be payable to an employee in respect of any accident or disease unless the accident or disease is directly attributable to a specific injury by accident or disease arising out of and in the course of his employment(7) nothing herein contained shall be deemed to confer any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any court of law in respect of such accident or disease—(a) if he has instituted a claim to compensation in respect of the accident or disease before a competent authority; or5(b) if an agreement has been made between the employee and his employer providing for the payment of compensation in respect of the accident or disease in accordance with the provisions of this chaptercompensation in case of death of or injury in plantation75 if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation under section 76 and the sixth schedule, so far as may be applicable10explanation— for the purposes of this section, the expression "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, and includes a person employed on contract for more than sixty days in a year, but does not include—15(i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed the amount as determined by the appropriate government, by notification, from time to time;20(iii) any person employed in the plantation primarily in a managerial or administrative capacity, notwithstanding that his monthly wages do not exceed the amount as determined by the appropriate government, by notification, from time to time;(iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals25amount of compensation76 (1) subject to the provisions of this chapter, the amount of compensation shall be,—30(a) where death results from the injury, an amount equal to fifty per cent of the monthly wages of the deceased employee multiplied by the relevant factor or an amount as may be notified by the central government from time to time, whichever is more;35(b) where permanent total disablement results from the injury, an amount equal to sixty per cent of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the central government from time to time, whichever is more: provided that the central government may, by notification, from time to time, enhance the amount of compensation specified in clauses (a) and (b)40explanation— for the purposes of clauses (a) and (b), "relevant factor", in relation to an employee means the factor specified in column (3) of the sixth schedule relating to factors against the corresponding entry in column (2) thereof, specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due;(c) where permanent partial disablement results from the injury,—45(i) in the case of an injury specified in part ii of the fourth schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and(ii) in the case of an injury not specified in the fourth schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the medical practitioner) permanently caused by the injury5explanation 1— for the purposes of this clause, where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries10explanation 2— in assessing the loss of earning capacity under sub-clause (ii), the medical practitioner shall have due regard to the percentage of loss of earning capacity in relation to different injuries specified in the fourth schedule;15(d) where temporary disablement, whether total or partial, results from the injury, a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (4)20(2) notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to an employee in respect of an accident which occurred outside india, the competent authority shall take into account the amount of compensation, if any, awarded to such employee in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the employee in accordance with the law of that country(3) the central government may, by notification, specify for the purposes of sub-section (1), such monthly wages in relation to an employee as it may consider necessary(4) the half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day—25(i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more; or30(ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever is shorter: provided that—35 40(a) there shall be deducted from any lump sum or half-monthly payments to which the employee is entitled, the amount of any payment or allowance which the employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be, and such payment or allowance which the employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation;(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the employee before the accident exceeds half the amount of such wages which he is earning after the accident45(5) the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer(6) on the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month5(7) if the injury of the employee results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the competent authority a sum of not less than fifteen thousand rupees or such amount as may be prescribed by the state government, for payment of the same to the eldest surviving dependant of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependant or was not living with his dependant at the time of his death, to the person who actually incurred such expenditure:provided that the central government may, by notification from time to time, enhance the amount specified in this sub-section77 (1) compensation under section 76 shall be paid as soon as it falls due10compensation to be paid when due and damages for default15(2) in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the competent authority or made to the employee, as the case may be, without prejudice to the right of the employee to make any further claim(3) where any employer is in default in paying the compensation due under this chapter within one month from the date it fell due, the competent authority shall,—(a) direct that the employer shall, in addition to the amount of the arrears, pay interest at such rate as may be prescribed by the central government, on the amount due; and20(b) if in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damages:25provided that an order for the payment of damages shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause as to why it should not be passed (4) the interest and the damages payable under sub-section (3) shall be paid to the employee or his dependant, as the case may be3078 for the purposes of this chapter, the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely:—method of calculating monthly wages for purposes of compensation35(a) where the employee has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the employee shall be onetwelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;40(b) where the whole of the continuous period of service immediately preceding the accident during which the employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the employee shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by an employee employed on the same work by the same employer, or, if there was no employee so employed, by an employee employed on similar work in the same locality;45(c) in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such periodexplanation—for the purposes of this section, "a period of service" shall be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen daysreview579 (1) any half-monthly payment payable under this chapter, either under anagreement between the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitioner that there has been a change in the condition of the employee or, subject to such conditions as may be prescribed by the state government, on application made without such certificate10(2) any half-monthly payment may, on review under this section, subject to theprovisions of this chapter, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the employee is entitled less any amount which he has already received by way of halfmonthly payments15commutation of halfmonthly payments80 any right to receive half-monthly payments may, by agreement between theparties or, if the parties cannot agree and the payments have been continued for not less than six months, on the application of either party to the competent authority be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may be20distribution of compensation81 (1) no payment of compensation in respect of an employee whose injury hasresulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation:25provided that, in the case of a deceased employee, an employer may make to anydependant, advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the competent authority from such compensation and repaid to the employer30(2) any other sum amounting to not less than five thousand rupees which is payableas compensation may be deposited with the competent authority on behalf of the person entitled thereto(3) the receipt of the competent authority shall be a sufficient discharge in respect of any compensation deposited with him35(4) (a) on the deposit of any money under sub-section (1) as compensation in respectof a deceased employee, the competent authority shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation40(b) if the competent authority is satisfied after any inquiry which he may deemnecessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid(c) the competent authority shall, on an application by the employer, furnish a statement showing in detail all disbursements made45(5) the compensation deposited in respect of a deceased employee shall, subject toany deduction made under sub-section (1), be apportioned by order by the competentauthority among the dependants of the deceased employee or any of them in such proportion as the competent authority thinks fit, or may, in the discretion of the competent authority, be allotted to any one dependant:provided that the competent authority shall not make any order under this sub-section without hearing the dependants and shall record reasons in the order for the apportionment of such compensation among dependants or any of them, as the case may be5(6) where any compensation deposited with the competent authority is payable to any person, other than a woman or a person under legal disability, the competent authority may pay the compensation to the person entitled thereto10 15(7) where any lump sum deposited with the competent authority is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the competent authority may direct; and where a half-monthly payment is payable to any person under a legal disability, the competent authority may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the employee or to any other person, whom the competent authority thinks fit to provide for the welfare of the employee20(8) where, on application made to him in this behalf or otherwise, the competent authority is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the competent authority as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the competent authority may make such orders for the variation of the former order as he thinks just in the circumstances of the case:25provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause as to why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him30(9) where the competent authority varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner as specified in sub-section (10)(10) the competent authority may recover as an arrear of land revenue any amount referred to in sub-section (9), and for such purpose the competent authority shall be deemed to be a public officer within the meaning of section 5 of the revenue recovery act, 189035notice and claim82 (1) no claim for compensation shall be entertained by a competent authorityunless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death:40provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (3) of section 74 are applicable, the accident shall be deemed to have occurred on the first of the days during which the employee was continuously absent from work in consequence of the disablement caused by the disease:45provided further that in case of partial disablement due to the contracting of any such disease and which does not force the employee to absent himself from work, the period of two years shall be counted from the day the employee gives notice of the disablement to his employer:50provided also that if an employee who, having been employed in an employment for a continuous period specified under sub-section (3) of section 74 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected(2) the want of or any defect or irregularity, in a notice given under sub-section (1), shall not be a bar to the entertainment of a claim—510(a) if the claim is preferred in respect of the death of an employee resulting froman accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or(b) if the employer or any one of several employers or any person responsibleto the employer for the management of any branch of the trade or business in which the injured employee was employed had knowledge of the accident from any other source at or about the time when it occurred:15provided that the competent authority may entertain and decide any claim tocompensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time as provided under sub-section (1), if he issatisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause20(3) every such notice shall give the name and address of the person injured and shallstate the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed25(4) the appropriate government may require that any class of employers as may beprescribed by that government shall maintain, at their premises at which employees are employed, a notice-book, in such form as may be prescribed by that government, which shall be readily accessible at all reasonable times to any injured employee employed on the premises and to any person acting bonafide on his behalf30(5) a notice under this section may be served by delivering it at, or sending it byregistered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or where possible, electronically or, where a notice-book is maintained, by entry in the notice-book3583 (1) the provisions of this section shall, subject to the modifications specified in this section, apply in case of employees who are —(a) masters of ships or seamen; or (b) captain and other members of crew of aircraft;special provisions relating to accidents occurring outside indian territory(c) persons recruited by companies registered in india and working as such abroad;4059 of 1988(d) persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employees (2) the notice of the accident and the claim for compensation by a person injured may be served on the following persons, as if they were the employer —45(a) in case of accident where the person injured is a seamen, but not the masterof the ship, on the master of the ship;(b) in case of accident where the person injured is a member of crew of anaircraft, but not the captain of the aircraft, on the captain of the aircraft;(c) in case of persons recruited by companies registered in india and working as such abroad, on the local agent of the company;5(d) in case of persons sent for work abroad along with motor vehicles as drivers, helpers, mechanics, cleaners or other employees, on the local agent of the owner of the motor vehicle, in the country of the accident:provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident (3) the claim of compensation shall be made —10(a) in the case of the death of an employee referred to in sub-section (1), one year after the news of the death has been received by the claimant;(b) in the case where the ship or the aircraft as the case may be, has been or is deemed to have been lost with all hands, eighteen months of the date on which the ship or the aircraft was, or is deemed to have been, so lost:15provided that the competent authority may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause20(4) where an injured employee referred to in sub-section (1) is discharged or left behind in any part of india or in any foreign country, then, any depositions taken by any judge or magistrate in that part or by any consular officer in the foreign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claim, be admissible in evidence —25(a) if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made;(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and30(c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused,35and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made(5) no half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law in force for the time being relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman40(6) failure to give a notice or make a claim or commence proceedings within the time required by this section shall not be a bar to the maintenance of proceedings under this chapter in respect of any personal injury, if such proceedings under this chapter are commenced within one month from the date on which the certificate of the state to that effect government was furnished to the person commencing the proceedings45medical examination84 (1) where an employee has given notice of an accident, he, shall, if the employer,before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly paymentunder this chapter shall, if so required, submit himself for such examination from time to time:provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the state government5(2) if an employee, on being required to do so by the employer under sub-section (1)or by the competent authority at any time, refuses to submit himself for examination by a medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless in the case of refusal, he was prevented by any sufficient cause from so submitting himself10(3) if an employee, before the expiry of the period within which he is liable under subsection (1) to be required to submit himself for medical examination, voluntarily leaves the vicinity of the place in which he was employed without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination:15provided that where such employee proves before the medical practitioner that he could not so submit himself for medical examination due to the circumstances beyond his control and he was also handicapped to communicate such information in writing, the medical practitioner may after recording such reasons in writing, condone the delay and his right to compensation shall be revived as if no such suspension was made20(4) where an employee, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the competent authority may, if he thinks fit, direct the payment of compensation to the dependants of the deceased employee25(5) where under sub-section (2) or sub-section (3), a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (ii) of sub-section (4) of section 76, the waiting period shall be increased by the period during which the suspension continues30 35(6) where an injured employee has refused to be attended by a medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, if it is proved that the employee has not thereafter been regularly attended by a medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had been regularly attended by a medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordinglycontracting40 4585 (1) where any employer in the course of or for the purposes of his trade or business contracts with a contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by him; and that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed50(2) where the employer is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compensation and where a contractor who is himself an employer is liable to pay compensation or to indemnify an employer under this section, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authority5(3) nothing in this section shall be construed as preventing an employee from recovering compensation referred to in sub-section (2) from the contractor instead of the employer(4) the provisions of this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the employer has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management10remedies of employer against stranger1586 where an employee has recovered compensation in respect of any injury causedunder circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 85 shall be entitled to be indemnified by the person so liable to pay damages as aforesaidinsolvency of employer20 2587 (1) where any employer has entered into a contract with any insurers in respect of any liability under this chapter to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer(2) if the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation30(3) where in any case such as is referred to in sub-section (1), the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premium), the provisions of that sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the employee:35provided that the provisions of this sub-section shall not apply in any case in which the employee fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings4031 of 2016 18 of 201345(4) there shall be deemed to be included among the debts which under the insolvency and bankruptcy code, 2016 or under the provisions of the companies act, 2013 are in the distribution of the assets of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation, the liability accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and the provisions of that code and act shall have effect accordingly50(5) where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if applications were made for that purpose under section 80, and a certificate of the competent authority as to the amount of such sum shall be conclusive proof thereof(6) the provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1)5(7) the provisions of this section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company10power to require from employers statements regarding fatal accidents1588 (1) where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post or where possible, electronically a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by the state government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependants of such employee ascertained by the competent authority(2) if the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice20(3) if the employer is of the opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability(4) where the employer has so disclaimed liability, the competent authority, after such inquiry as he may think fit, may inform any of the dependants of the deceased employee, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit25(5) where in the opinion of the competent authority, a dependant of the deceasedemployee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant, from the panel of advocates maintained by the state governmentregistration of agreements3089 (1) where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register, electronically or otherwise, in such manner as may be prescribed by the appropriate government:35provided that—(a) no such memorandum shall be recorded before seven days after communication by the competent authority of notice to the parties concerned;(b) the competent authority may at any time rectify the register;40 45(c) where it appears to the competent authority that an agreement as to thepayment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable, to a woman or a person under a legal disability ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the competent authority may refuse to record the memorandum of the agreement and may make such order including an order as to any sum already paid under the agreement, as the competent authority thinks just in the circumstances9 of 1872(2) an agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this code notwithstanding anything contained in the indian contract act, 1872, or in any other law for the time being in force510(3) where a memorandum of any agreement, the registration of which is required under this section, is not sent to the competent authority as required by this section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this chapter, and notwithstanding anything contained in the proviso to sub-section (1) of section 76, shall not, unless the competent authority otherwise directs, be entitled to deduct more than half of any amount paid to the employee by way of compensation whether under the agreement or otherwisereference to competent authority90 (1) if any question arises in any proceedings under this chapter as to the liabilityof any person to pay compensation (including any question as to whether a person injured is or is not an employee) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a competent authority15(2) no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this chapter required to be settled, decided or dealt with by a competent authority or to enforce any liability incurred under this chapter20appointment of competent authority2591 (1) the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by the appropriate government to be a competent authority for employee's compensation for such area as may be specified in the notification(2) where more than one competent authority has been appointed for any area, the state government may, by general or special order, regulate the distribution of business amongst them30(3) any competent authority may, for the purpose of deciding any matter referred to him for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry35venue of proceedings and transfer92 (1) where any matter under this chapter is to be done by or before a competentauthority, the same shall, subject to the provisions of this chapter and in the manner prescribed in this behalf by the state government, be done by or before the competent authority for the area in which—(a) the accident took place which resulted in the injury; or (b) the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or40(c) the employer has his registered office:45provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the central government to the competent authority having jurisdiction over the area and the state government concerned:provided further that, where the employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident outside india, any such matter may be done by or before a competent authority for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be5(2) if a competent authority, other than the competent authority with whom any money has been deposited under section 81, proceeds with a matter under this chapter, the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request, he shall comply with the same10 15(3) if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, whether in the same state or not, he may, subject to rules made under this code relating to this chapter, order such matter to be transferred to such other competent authority either for report or for disposal, and, if he does so, shall forthwith transmit to such other competent authority all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the manner as may be prescribed by the central government any money remaining in his hands or invested by him for the benefit of any party to the proceedings:provided that the competent authority shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard20(4) the competent authority to whom any matter is so transferred shall, subject torules made under this code relating to this chapter, inquire therein to and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him25(5) on receipt of a report from a competent authority to whom any matter has been transferred for report under sub-section (3), the competent authority by whom it was referred shall decide the matter referred to in conformity with such report(6) the state government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by itform of application3093 (1) where an accident occurs in respect of which liability to pay compensation under this chapter arises, a claim for such compensation may, subject to the provisions of this chapter, be made before the competent authority35(2) subject to the provisions of sub-section (1), no application for the settlement of any matter by competent authority, other than an application by a dependant or joint application by dependants for compensation, shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement(3) an application to a competent authority for claim under sub-section (1) or settlement under sub-section (2) may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by the central government40(4) the time limit for the disposal of applications under this section and the costsincidental to the proceedings under this section to be imposed by the competent authority shall be such as may be prescribed by the state government4594 (1) where any sum has been deposited by an employer as compensation payable in respect of an employee whose injury has resulted in death, and in the opinion of the competent authority such sum is insufficient, the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticepower of competent authority to require further deposit in cases of fatal accident(2) if the employer fails to show cause to the satisfaction of the competent authority, the competent authority may make an award determining the total amount payable, and requiring the employer to deposit the deficiency5 of 19085powers and procedure of competent authority2 of 197495 the competent authority shall have all the powers of a civil court under the codeof civil procedure, 1908, for the purpose of taking evidence on oath (which such competent authority is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the competent authority shall be deemed to be a civil court for all the purposes of section 195 and of chapter xxvi of the code of criminal procedure, 197310appearance of parties1596 any appearance, application or act required to be made or done by any personbefore or to a competent authority (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector-cum-facilitator appointed under sub-section (1) of section 122 or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorisedmethod of recording evidence2097 the competent authority shall make a brief memorandum of the substance of theevidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by the state government and shall form part of the record:provided that, if the competent authority is prevented from making suchmemorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:25provided further that the evidence of any medical witness shall be taken down asnearly as may be word for wordpower to submit cases98 a competent authority may, if he thinks fit, submit any question of law for thedecision of the high court and, if he does so, shall decide the question in conformity with such decision3099 (1) an appeal shall lie to the high court from the following orders of a competentauthority under this chapter, namely:—appeal against order of competent authority(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;35(b) an order awarding interest or damages under section 77; (c) an order refusing to allow redemption of a half-monthly payment; (d) an order providing for the distribution of compensation among the dependants of a deceased employee, or disallowing any claim of a person alleging himself to be such dependant;40(e) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 85; or(f) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:45provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order referred to in clause (c), unless the amount in dispute in the appeal is not less than ten thousand rupees or such higher amount as the central government may, by notification, specify:provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the competent authority, or in which the order of the competent authority gives effect to an agreement arrived at by the parties:5provided also that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against(2) the period of limitation for an appeal under this section shall be sixty days from the date of passing of the order1036 of 1963(3) the provisions of section 5 of the limitation act, 1963, shall be applicable to appeal under this section chapter viii social security and cess in respect of building and other construction workers15levy and collection of cess100 (1) there shall be levied and collected a cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employer, as the central government may, by notification, from time to time, specifyexplanation—for the purposes of this sub-section, the cost of construction shall not include,—20(a) the cost of land; and (b) any compensation paid or payable to an employee or his kin under chapter vii25 30(2) the cess levied under sub-section (1) shall be collected from every employer undertaking building or other construction work in such manner and at such time, including deduction at source in relation to a building or other construction work of a government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority or such other authority notified by the state government is required, as may be prescribed by the central government(3) the proceeds of the cess collected under sub-section (2) shall be deposited by the local authority or such other authority notified by the state government to the building workers' welfare board in such manner as may be prescribed by the central government35(4) notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this chapter including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed by the central government on the basis of the quantum of the building or other construction work involved40interest payable on delay in payment of cess101 if any employer fails to pay any amount of cess payable under section 100 within such time as may be prescribed by the appropriate government, such employer shall be liable to pay interest at such rate as may be prescribed by the central government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paid45power to exempt from cess102 notwithstanding anything contained in this chapter, the appropriate government may, by notification, exempt any employer or class of employers in a state from the payment of cess payable under this chapter where such cess is already levied and payable under any corresponding law in force in that stateselfassessment of cess5103 (1) the employer shall, within sixty days or such period as may be notified by the central government of the completion of his each building and other construction work, pay such cess (adjusting the advance cess already paid under section 100) payable under this chapter on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the central government and after such payment of cess, he shall file a return under clause (d) of section 12310(2) if the officer or the authority to whom or to which the return has been filed under sub-section (1) finds any discrepancy in the payment under the self-assessment and the payment required under the return referred to in that sub-section, then, he or it shall, after making or causing to be made such inquiry as he or it thinks fit and after such inquiry make the appropriate assessment order(3) an order of assessment made under sub-section (2) shall specify the date within which the cess shall be paid by the employer, if any15penalty for non-payment of cess within the specified time104 if any amount of cess payable by any employer under section 103 is not paid within the date specified in the order of assessment made under sub-section (2) of that section, it shall be deemed to be in arrears and the authority prescribed by the central government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess:20provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this sectionappeal to appellate authority25105 (1) any employer aggrieved by an order of assessment made under section 103or by an order imposing penalty made under section 104 may, within such time as may be prescribed by the central government, appeal to such appellate authority in such form and in such manner as may be prescribed by the central government(2) every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed by the appropriate government30(3) after the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible(4) every order passed in appeal under this section shall be final and shall not be called in question in any court of law35registration of building workers as beneficiaries106 every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the building workers' welfare board as a beneficiary under this chapter in such manner as may be prescribed by the central governmentcessation as a beneficiary40107 (1) a building worker who has been registered as a beneficiary under section 106shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year:45provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment(2) notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the central governmentexplanation—for computing the period of three years under this sub-section as a beneficiary registered with a building workers' welfare board, there shall be added any period for which a person had been a beneficiary registered with any other such board immediately before his registration with the building workers' welfare board5108 (1) there shall be constituted by a building workers' welfare board a fund to be called the building and other construction workers' welfare fund and there shall be credited thereto—(a) the amount of any cess levied under sub-section (1) of section 100;building and other construction workers' welfare fund and its application10(b) any grants and loans made to the building workers' welfare board by the central government; and(c) all sums received by the building workers' welfare board from such other sources as may be decided by the central government (2) the building and other construction workers' welfare fund shall be applied for meeting—15(a) expenses of the building workers' welfare board in the discharge of its functions under sub-section (6) of section 7;(b) salaries, allowances and other remuneration of the members, officers and other employees of the building workers' welfare board; and(c) expenses on objects and for purposes authorised by this code20(3) no building workers' welfare board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent of its total expenses during that financial year chapter ix social security for unorganised workers, gig workers and25 platform workers109 (1) the central government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to—framing of schemes for unorganised workers(i) life and disability cover;30(ii) health and maternity benefits; (iii) old age protection; (iv) education; and (v) any other benefit as may be determined by the central government35(2) the state government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to—(i) provident fund; (ii) employment injury benefit; (iii) housing; (iv) educational schemes for children;40(v) skill upgradation of workers; (vi) funeral assistance; and (vii) old age homes(3) any scheme notified by the central government under sub-section (1), may be—(i) wholly funded by the central government; or (ii) partly funded by the central government and partly funded by the state government; or5(iii) partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the central government; or18 of 201310(iv) funded from any source including corporate social responsibility fund within the meaning of the companies act, 2013 or any other such source as may be specified in the scheme (4) every scheme notified by the central government under sub-section (1) shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to all or any of the following, namely:—(i) scope of the scheme;15(ii) authority to implement the scheme; (iii) beneficiaries of the scheme; (iv) resources of the scheme; (v) agency or agencies that will implement the scheme;20(vi) redressal of grievances; and (vii) any other relevant matter, and a special purpose vehicle may also be constituted by the central government for the purpose of implementation of any such scheme25110 (1) any scheme notified by the state government under sub-section (2) of section 109 may be—funding of state government schemes(a) wholly funded by the state government; or (b) partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the state government; or30(c) funded from any source including corporate social responsibility fund referred to in clause (iv) of sub-section (3) of section 109 or any other such source as may be specified in the scheme (2) the state government may seek financial assistance from the central government for the schemes formulated by it35(3) the central government may provide such financial assistance to the state governments for the purpose of schemes for such period and on such terms and conditions as it may deem fitrecord keeping111 the government formulating and notifying the scheme under this chapter shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintained:40provided that such records shall, as far as may be possible, bear continuous numberfor the purpose of proper management of the scheme and for avoiding any duplication and overlapping in records112 the appropriate government may set up a toll free call centre or helpline or such facilitation centres as may be considered necessary from time to time to perform any or more of the following functions, namely:—5| ( | a | ) to disseminate information on available social security schemes for the ||------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| unorganised workers, gig workers and platform workers; | | || helpline, | | || facilitation | | || centre, etc, | | || for | | || unorganised | | || workers, gig | | || workers and | | || platform | | || workers | | || ( | b | ) to facilitate filing, processing and forwarding of application forms for || registration of unorganised workers, gig workers and platform workers; | | |(c) to assist unorganised workers, gig workers and platform workers to obtain registration; and10(d) to facilitate the enrolment of the registered unorganised workers, gig workersand platform workers in the social security schemes113 (1) every unorganised worker, gig worker or platform worker shall be required to be registered for the purposes of this chapter, subject to the fulfilment of the following conditions, namely:—15registration of unorganised workers, gig workers and platform workers(a) he has completed sixteen years of age or such age as may be prescribed by the central government;(b) he has submitted a self-declaration electronically or otherwise in such form and in such manner containing such information as may be prescribed by the central government20(2) every eligible unorganised worker, gig worker or platform worker referred to in sub-section (1) shall make an application for registration in such form along with such documents including aadhaar number as may be prescribed by the central government and such worker shall be assigned a distinguishable number to his application:25provided that the system of electronic registration maintained by the appropriate government shall also provide for self registration by any such worker in such manner as may be prescribed by the central government(3) a registered unorganised worker, gig worker or platform worker shall be eligible to avail the benefit of the concerned scheme framed under this chapter30(4) the central government, or as the case may be, the state government shall make such contribution in a scheme as may be specified thereinexplanation—for the purposes of this section, the term "aadhaar" shall have the same meaning as is assigned to it in section 142114 (1) the central government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform workers on matters relating to—schemes for gig workers and platform workers35(a) life and disability cover; (b) accident insurance; (c) health and maternity benefits; (d) old age protection; (e) crèche; and40(f) any other benefit as may be determined by the central government(2) every scheme formulated and notified under sub-section (1) may provide for—(a) the manner of administration of the scheme; (b) the agency or agencies for implementing the scheme; (c) the role of aggregators in the scheme;(d) the sources of funding of the scheme; and (e) any other matter as the central government may consider necessary for the efficient administration of the scheme (3) any scheme notified by the central government under sub-section (1), may be—5(a) wholly funded by the central government; or (b) partly funded by the central government and partly funded by the state government; or(c) wholly funded by the contributions of the aggregators; or10(d) partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the aggregators, as may be specified in the scheme formulated by the central government; or18 of 2013(e) funded from corporate social responsibility fund within the meaning of companies act, 2013; or15(f) any other source20(4) the contribution to be paid by the aggregators for the funding referred to in clause (ii) of sub-section (1) of section 141, shall be at such rate not exceeding two per cent, but not less than one per cent, as may be notified by the central government, of the annual turnover of every such aggregator who falls within a category of aggregators, as are specified in the seventh schedule:provided that the contribution by an aggregator shall not exceed five per cent of the amount paid or payable by an aggregator to gig workers and platform workersexplanation—for the purposes of this sub-section, the annual turnover of an aggregator shall not include any tax, levy and cess paid or payable to the central government25(5) the date of commencement of contribution from aggregator under this section shall be notified by the central government(6) the national social security board constituted under sub-section (1) of section 6 shall be the board for the purposes of the welfare of gig workers and platform workers under the provisions of this code:30provided that while such board serves the purposes of welfare of, or matters relating to, gig workers and platform workers, the following members shall constitute the board instead of the members specified in clauses (c) and (d) of sub-section (2) of section 6, namely:—35(a) five representatives of the aggregators as the central government may nominate;(b) five representatives of the gig workers and platform workers as the central government may nominate;(c) director general of the corporation; (d) central provident fund commissioner of the central board;40(e) such expert members as the central government may consider appropriate; (f) five representatives of the state governments by such rotation as the central government may consider appropriate;(g) joint secretary to the government of india in the ministry of labour and employment, who shall be the member secretary to the board(7) (i) the central government may provide that—(a) the authority to collect and to expend the proceeds of contribution collected; (b) the rate of interest to be paid by an aggregator in case of delayed payment,less payment or non-payment of contribution;(c) self-assessment of contribution by aggregators;5(d) conditions for cessation of a gig worker or a platform worker; and (e) any other matter relating to smooth functioning of the social security schemenotified under this section,shall be such as may be prescribed by that government10(ii) the central government may by notification, exempt such aggregator or class ofaggregators from paying of contribution under sub-section (4), subject to such conditions as may be specified in the notificationexplanation—for the purposes of this section, an aggregator having more than one business shall be treated as a separate business entity or aggregator15 chapter x finance and accountsaccounts115 each of the social security organisations shall maintain proper accounts of its income and expenditure in such form and in such manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specify20audit116 (1) the accounts of each of the social security organisations shall be audited annually by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the respective social security organisation to the comptroller and auditor-general of india25 30(2) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of a social security organisation shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general of india has, in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and to inspect any of the offices of the social security organisation35(3) the accounts of a social security organisation as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded to the social security organisation which shall along with its comments on the audit report of the comptroller and auditor-general of india forward the same to the appropriate governmentbudget estimates117 (1) each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before such date as may be fixed by it in that behalf40(2) the budget shall contain provisions adequate in the opinion of the appropriategovernment for the discharge of the liabilities incurred by the social security organisation and for the maintenance of a working balanceannual report45| 118 ||------------------------------------------------------------------------------------------|| government an annual report of its work and activities and the budget finally adopted by || the social security organisation |(2) the appropriate government shall cause a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor-general of india and the comments of the respective social security organisation thereon to be laid before each house of parliament or the state legislature, as the case may bevaluation of assets and liabilities5119 each of the fund maintained by a social security organisation or by anestablishment under this code shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate government, by such social security organisation or the establishment, as the case may be, in the following manner, namely:—(a) in case of central board, annually; (b) in case of corporation, once in every three years;10(c) in case of any other social security organisation or establishment, asspecified by the appropriate government, by order:provided that the appropriate government, if it considers necessary, may directsuch valuation to be made at such intervals other than provided in this sectionholding of property, etc15120 (1) a social security organisation except corporation may, subject to such conditions as may by social security organisation be prescribed by the appropriate government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said social security organisation is established20(2) subject to such conditions as may be prescribed by the appropriate government, a social security organisation may, from time to time invest any moneys vested in it, which are not immediately required for expenses properly defrayable and may, subject to as aforesaid, from time to time reinvest or realise such investments:25provided that in case of provident fund, pension fund or insurance fund, such investment, reinvestment or realisation shall be specified in the provident fund scheme or pension scheme or insurance scheme, as the case may be(3) each of the social security organisations by social security organisation may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, raise loans and take measures for discharging such loans30(4) each of the social security organisations, by social security organisation may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fit:35provided that in case of officers and staff of the central board, such terms shall be specified in the provident fund schemewriting off of losses121 subject to the conditions as may be prescribed by the appropriate government, where any of the social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under this code, is irrecoverable, the concerned social security organisation may sanction the writing off of the said amount in such manner as may be prescribed by the appropriate government:40provided that in the case of provident fund, pension fund or insurance fund, such writing off shall be specified in the provident fund scheme or pension scheme or insurance scheme, as the case may be chapter xi authorities, assessment, compliance and recovery45122 (1) the central government for the purposes of chapter iii and chapter iv and for the provisions in this code relating to those chapters, and the appropriate government for the purposes of other provisions of this code, may, by notification, appoint inspectorcum-facilitators who shall discharge his duties under this code and exercise the powers appointment of inspectorcum- facilitators and their powersconferred on them under sub-section (6) in accordance with the inspection scheme referred to in sub-section (2)5(2) the central government for the purposes of chapter iii and chapter iv and for theprovisions in this code relating to those chapters and the appropriate government in respect of other provisions of this code, may, by notification, lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under this code electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections andcalling for information from the establishment or any other person10(3) without prejudice to the provisions of sub-section (2), the central governmentfor the purposes of chapter iii and chapter iv and the other provisions in this code relating to those chapters and the appropriate government in relation to other provisions of this code, may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this code, to the inspector-cum-facilitators as may be specified in such notification15(4) without prejudice to the powers of the central government or the appropriate government, as the case may be, under this section, the inspection scheme may be designed taking into account, inter alia, the following factors, namely:—20(a) assignment of unique number to each establishment (which will be same asthe registration number allotted to that establishment), each inspector-cum-facilitator and each inspection in such manner as may be notified for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government;25(b) timely uploading of inspection reports in such manner and subject to suchconditions as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government;30(c) provisions for special inspections based on such parameters as may benotified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government; and35(d) the characteristics of employment relationships, the nature of work andcharacteristics of the workplaces based on such parameters as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government(5) the inspector-cum-facilitator may—(a) advice the employers and employees relating to compliance with the provisions of this code; and40(b) inspect the establishments as assigned to him under the provisions of this code, subject to the instructions or guidelines issued by the appropriate government from time to time45(6) subject to the provisions of sub-section (4), the inspector-cum-facilitator may,—(a) examine any person who is found in any premises of the establishment, whom the inspector-cum-facilitator has reasonable cause to believe, is an employee of the establishment;(b) require any person whom the inspector-cum-facilitator has reasonable cause to believe, is an employer of the establishment, to produce any document or to give any information, which is in his power with respect to any of the purposes for which the inspection is made;5(c) search, seize or take copies of such register, record of wages or notices or portions thereof as the inspector-cum-facilitator may consider relevant in respect of an offence under this code and which the inspector-cum-facilitator has reason to believe has been committed by the employer;10(d) bring to the notice of the appropriate government defects or abuses not covered by any law for the time being in force; and(e) exercise such other powers as may be prescribed by the appropriate government1545 of 1860(7) any person required to produce any document or to give any information required by an inspector-cum-facilitator for the purposes of sub-section (6) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code2 of 197420(8) the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to the search or seizure for the purposes of sub-section (6), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said code123 an employer of an establishment shall—maintenance of records, registers, returns, etc25(a) maintain records and registers in the form prescribed by the appropriate government, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by the appropriate government including—(i) number of days for which work performed by employees; (ii) number of hours of work performed by the employees; (iii) wage paid;| ( | iv | ) leave, leave wages, wages for overtime work and attendance; ||---------|------|-----------------------------------------------------------------------|| 30 | | || ( | v | ) employees identification number, by whatever nomenclature it may be || called; | | |(vi) number of dangerous occurrences, accidents, injuries in respect of which compensation has been paid by the employer and the amount of such compensation relating to chapter iv and chapter vii, respectively;35(vii) statutory deductions made by employer from the wages of anemployee in respect of chapter iii and chapter iv;(viii) details as to cess paid in respect of building and other construction work;40(ix) total number of employees (regular, contractual or fixed term employment) on the day specified;(x) persons recruited during a particular period; (xi) occupational details of the employees; and (xii) vacancies for which suitable candidates were not available during the specified period45(b) display notices at the workplaces of the employees in such manner and form as may be prescribed by the appropriate government;(c) issue wage slips to the employees, in electronic forms or otherwise; and (d) file such return electronically or otherwise to such officer or authority in such manner and during such periods as may be prescribed by the appropriate government:5provided that matters to be provided under the rules required to be made under this section relating to chapter iii shall, instead of providing them in rules to be made by the central government, be provided in the provident fund scheme or the pension scheme or the insurance scheme, as the case may be:10provided further that the forms of records and registers and that of the returns to be filed under chapter iv shall be specified in the regulations instead of providing them in the rulesemployer not to reduce wages, etc15124 no employer in relation to an establishment to which this code or any scheme framed thereunder applies shall, by reason only of his liability for the payment of any contribution under this code, or any charges thereunder reduce whether directly or indirectly, the wages of any employee to whom the provisions of this code or any scheme framed thereunder applies or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or implied20125 (1) the central government may, by notification, authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group 'a' officer of that government, to function as the authorised officers for the purposes of chapter iii or chapter iv, as the case may be, who may, by order—assessment and determination of dues from employer(a) in a case where a dispute arises regarding the applicability of chapter iii or chapter iv, as the case may be, to an establishment, decide such dispute; and25(b) determine the amount due from any employer under any provision of chapter iii or chapter iv, as the case may be, or the schemes, or rules, regulations made under such chapter; and(c) for any of the purposes relating to clause (a) and clause (b), conduct such inquiry, as he may deem necessary for such purposes:30provided that no proceeding under this sub-section shall be initiated after the expiry of the period of five years from the date on which the dispute referred to in clause (a) is alleged to have been arisen or, as the case may be, the amount referred to in clause (b) is alleged to have been due from an employer5 of 190835(2) notwithstanding anything contained in the code of civil procedure, 1908, the inquiry under sub-section (1), as far as practicable, shall be held on day-to-day basis and endeavour shall be made to ensure that the inquiry is concluded within a period of two years:40provided that where the inquiry is not concluded within the said period of two years, the authorised officer conducting such inquiry shall record the circumstances and reasons for not having concluded so and submit the circumstances and reasons so recorded to the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer authorised by him in this behalf:45provided further that the central provident fund commissioner or the director general of the corporation, as the case may be, after considering the circumstances and the reasons which have been submitted by the authorised officer may grant an extension for a period up to one year to conclude the said inquiry:provided also that the inquiries which are pending immediately before the date of commencement of this code shall be concluded by the authorised officer within a period not exceeding two years from the date of such commencement5 of 1908(3) the authorised officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry have the same powers as are vested in a court under the code of civil procedure, 1908, for trying a suit in respect of the following matters, namely:—(a) enforcing the attendance of any person or examining him on oath;5(b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses,45 of 1860and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code10(4) no order shall be made under sub-section (1), unless the employer concerned is given a reasonable opportunity of representing his case15(5) where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so by the authorised officer conducting the inquiry, such inquiry officer may decide the applicability of the relevant provisions of this code or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record20 25(6) where an order under sub-section (1) is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the authorised officer for setting aside such order and if the authorised officer is satisfied that the show cause notice was not duly served or that such employer was prevented by any sufficient cause from appearing when the inquiry was held, the authorised officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry:provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the authorised officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the authorised officer30explanation—where an appeal has been preferred under this code against an order passed ex parte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the ex parte order35(7) no order passed under this section shall be set aside on any application under sub-section (6) unless notice thereof has been served on the opposite partyappeal against order of authorised officer relating to chapter iv40126 if an employer is not satisfied with the order referred to in section 125 and relates to chapter iv, he may prefer an appeal to the appellate authority not below the rank of the joint director of the corporation as may be provided by regulations, within sixty days from the date of such order after depositing twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the corporation:provided that the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal45provided further that if the employer finally succeeds in the appeal, the corporation shall refund such deposit to the employer together with such interest as may be specified in the regulationsinterest on amount due127 except where expressly provided otherwise in this code, the employer shall be liable to pay simple interest at such rate as may be notified from time to time by the central government, from the date on which any amount has become due under this code till the date of its actual payment5power to recover damages10 15128 where an employer makes default in the payment of any contribution which heis liable to pay in accordance with the provisions of chapter iii or chapter iv, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under chapter iii, or in the payment of any charges payable under any other provision of this code, the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears, in such manner as may be specified in the regulations for the purposes of chapter iv and in respect of provident fund scheme, pension scheme and insurance scheme, such levy and recovery shall be in the manner as may be specified in the respective schemes framed by the central government:provided that before levying and recovering such damages, the employer shall be given an opportunity of being heard:2031 of 2016provided further that the central board or the corporation as the case may be, may reduce or waive the damages levied under this section in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the insolvency and bankruptcy code, 2016 subject to the terms and conditions as may be specified by notification, by the central governmentrecovery of amount due25129 (1) any amount due from an employer or any other person in relation to anestablishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the manner specified in this section and sections 130 to 13230(2) where any amount is in arrear under this code, the authorised officer, or the competent authority, as the case may be, shall issue to the recovery officer referred to in sub-section (4), a certificate electronically or otherwise, specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below, namely:—35(a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, of the employer;(b) arrest of the employer and his detention in prison;(c) appointing a receiver for the management of the movable or immovable properties of the defaulter:40provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount or arrears specified in the certificate, the recovery officer may move such proceeding against the property of the employer for recovery of the whole or any part of such arrears45(3) the authorised officer or the competent authority, as the case may be, may issue a certificate under sub-section (2), notwithstanding that proceeding for recovery of the arrears by any other mode has been taken(4) the authorised officer or the competent authority, as the case may be, may forward the certificate issued under this section, to the recovery officer within whose jurisdiction the employer—5(a) carries on his business or profession or within whose jurisdiction the principal place of his establishment is situate; or(b) resides or any movable or immovable property of, the establishment or, the employer is situated (5) where an establishment or the employer has property within the jurisdiction of more than one recovery officer and the recovery officer to whom a certificate is sent by the authorised officer or the competent authority, as the case may be—10(a) is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction, or(b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do,1520he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified by him, specifying the amount to be recovered, to the recovery officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that recovery officer shall proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer or the competent authority, as the case may bevalidity of certificate and amendment thereof25130 (1) when the authorised officer or the competent authority, as the case may be, issues a certificate to a recovery officer under section 129, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officer(2) notwithstanding the issue of a certificate to a recovery officer, the authorised officer or the competent authority, as the case may be, shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the recovery officer30(3) the authorised officer or the competent authority, as the case may be, shall intimate to the recovery officer any orders of withdrawing or cancelling a certificate or any correction made by him in respect of the said certificate under sub-section (2)35(4) notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the authorised officer or the competent authority, as the case may be, may grant time to the employer for payment of the amount recoverable under the certificate and thereupon the recovery officer shall stay the proceedings until the expiry of the time so granted40(5) where a certificate for the recovery of amount has been issued, the authorised officer or the competent authority, as the case may be, shall keep the recovery officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate45(6) where the order giving rise to a demand of amount for which a certificate for recovery has been issued under section 129 has been modified in appeal or other proceeding under this code, resulting in reduction of the demand but the order is the subject matter of further proceeding under this code, the authorised officer or the competent authority, as the case may be, shall stay the recovery of such part of the5(7) where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this code, the authorised officer or the competent authority, as the case may be, shall, when the order being the subject matter of such appeal or other proceeding becomes final and conclusive, amend the certificate or withdraw it, as the case may be in consonance with such finality or conclusionother modes of recovery10131 (1) notwithstanding the issue of a certificate to the recovery officer under section 129, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf, may, recover the amount by any one or more of the modes provided in this section15(2) if any amount is due from any person to any employer who is in arrears, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, require such person to deduct from the said amount the arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf:205 of 1908provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the code of civil procedure, 190825 30(3) (a) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or, as the case may be, the establishment, to pay to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer authorised by it in this behalf either forthwith upon the money becoming due or being held at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount35(b) a notice under this sub-section may be issued to any person who holds or maysubsequently hold any money for or on account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal40(c) a copy of the notice shall be forwarded to the employer at his last address knownto the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf and in the case of a joint account to all the joint holders at their last addresses so known45(d) save as otherwise provided in this sub-section, every person to whom a notice isissued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary50(e) any claim respecting any property in relation to which a notice under thissub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice510(f) where a person to whom a notice under this sub-section is sent objects to it by statement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer's liability for any sum due under this code, whichever is less(g) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice15 20(h) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid25(i) any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any sum due under this code, whichever is less30(j) if the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceeding may be moved against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 129 to 132 and the notice shall have the same effect as an attachment of amount in arrears by the recovery officer in exercise of his powers under section 12935(4) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due4045(5) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, if so authorised by the central government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the third schedule to the income-tax act, 1961application of certain provisions of income-tax act50132 the provisions of the second schedule and the third schedule to the incometax act, 1961 and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the amount in arrears of the amount mentioned in section 129 of this code instead of to the income tax:provided that any reference in the said provisions and the rules to the "assessees"shall be construed as a reference to an employer or establishment, as the case may be chapter xii offences and penalties 133 if any person,—5(a) being an employer, fails to pay any contribution which he is liable to payunder this code or rules, regulations or schemes made thereunder; orpenalty for failure to pay contributions, etc(b) deducts or attempts to deduct from the wages of an employee, the whole orany part of employer's contribution; or(c) in contravention of the provisions of this code, reduces the wages or any privilege or benefits admissible to an employee; or10(d) in contravention of the provisions of chapter iv or chapter vi or rules, regulations or schemes made or framed under this code respectively, relating to such chapters, dismisses, discharges, reduces in rank or otherwise penalises a woman employee; or15(e) fails or refuses to submit any return, report, statement or any other informationrequired under this code or any rules, regulations or schemes made or framed thereunder; or(f) obstructs any inspector-cum-facilitator or other officer or staff of the central board or the corporation or other social security organisation or a competent authority in the discharge of his duties; or20(g) fails to pay any amount of gratuity to which an employee is entitled under this code; or(h) fails to pay any amount of compensation to which an employee is entitled under this code; or25(i) fails to provide any maternity benefit to which a woman is entitled under thiscode; or(j) fails to send to a competent authority a statement which he is required to send under chapter vii; or30(k) fails to produce on demand by the inspector-cum-facilitator any register ordocument in his custody kept in pursuance of this code or the rules, regulations or schemes made or framed thereunder; or(l) fails to pay the cess for building workers which he is liable to pay under this code; or35(m) is guilty of any contravention of or non-compliance with any of the requirements of this code or the rules or the regulations or schemes made or framed thereunder in respect of which no special penalty is provided in this chapter; or(n) obstructs executive officer in exercising his functions under chapter xiii;or (o) dishonestly makes a false return, report, statement or information to be submitted thereunder; or40(p) fails or makes default in complying with any condition subject to whichexemption under section 143 was granted; or(q) fails to pay any administrative or inspection charges payable under any of the schemes framed under chapter iii, he shall be punishable,—(i) where he commits an offence under clause (a), with imprisonment for a term which may extend to three years, but—(a) which shall not be less than one year, in case of failure to pay the employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of one lakh rupees;5(b) which shall not be less than two months but may be extended to six months, in any other case and shall also be liable to fine of fifty thousand rupees:10provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term; (ii) where he commits an offence under clause (g), with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both;15(iii) where he commits an offence under any of the clauses (d), (f), (i), (k), (l), or(o), with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both;(iv) where he commits an offence under any of the clauses (b), (c), (e) (h), (j), (m),(n), (p) or (q), with fine which may extend to fifty thousand rupees20134 whoever, having been convicted by a court of an offence punishable under this code, commits the same offence shall, for second, or every subsequent such offence, be punishable with imprisonment for a term which may extend to two years and with fine of two lakh rupees:enhanced punishment in certain cases after previous conviction25provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to three years but which shall not be less than two years and shall also be liable to fine of three lakh rupeesoffences by companies30135 (1) where an offence under this chapter has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:35provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence40(2) notwithstanding anything contained in sub-section (1), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, secretary or other officer of the company, such director, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means any body corporate, and includes a firm or other association of individuals; and| ( | b | ) "director", in relation to a firm, means a partner in the firm ||--------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------|| 45 | | || cognizance of | | || offences | | || 136 | ( | 1 || except on a complaint made by an aggrieved person or such officer as may be notified by | | || the central government for the purposes of offences relating to chapter iii and chapter iv | | |and the rules, regulations or schemes made or framed under this code relating to those chapters, and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed thereunder, by the officer notified by the appropriate government510(2) notwithstanding anything contained in sub-section (1), no prosecution underthis code shall be instituted, except by or with the previous sanction of the authority notified by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed thereunder, the authority notified by the appropriate government(3) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this chapter15(4) notwithstanding anything contained in sub-section (1), a single complaint maybe filed under that sub-section by more than one aggrieved persons if they are aggrieved by the same or similar offence committed at a place or different places within the jurisdiction of the court20prior opportunity before prosecution25 30| 137 | notwithstanding anything contained in this chapter, the inspector-cum-facilitator ||------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| or any other officer notified for the purposes of offences relating to chapter iii and chapter | || iv and the rules, regulations or schemes made or framed under this code relating to those | || chapters, by the central government; and for the purposes of offences relating to other | || provisions of this code and the rules, regulations or schemes made or framed under this | || code relating thereto, by the appropriate government, shall, before initiation of prosecution | || proceeding against an employer for any offence under this chapter, give an opportunity to | || the employer to comply with the aforesaid relevant provisions by way of a written direction, | || which shall lay down a time period for such compliance, and, if the employer complies with | || the direction within such period, then, no such proceeding shall be initiated against the | || employer; but no such opportunity shall be accorded to an employer, if the violation of the | || same nature of such provisions is repeated within a period of three years from the date on | || which such first violation was committed and in such case the prosecution shall be initiated | || in accordance with the provisions of this chapter | || compounding | || of offences | || 2 of 1974 | || 138 | ( || 1973, any offence committed for the first time, punishable under this chapter, being an | || offence— | |(i) punishable with fine only; or35(ii) punishable with imprisonment for a term which is not more than one yearand also with fine,40 45may, on an application made, either before or after the institution of any prosecution, be compounded by an officer authorised by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government, in such manner as may be prescribed by the central government on payment by the offender to the appropriate government the amount—(i) in the case of an offence punishable with fine only, the half of the maximumfine provided for that offence; and(ii) in the case of an offence punishable with imprisonment for a term which isnot more than one year and also with fine, the three-fourth of the maximum fine provided for that offence50(2) nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of three years from the date—(i) of commission of a similar offence which was earlier compounded; or (ii) of commission of similar offence for which such person was earlier convicted510(3) every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government(4) every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed by the appropriate government(5) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded1520(6) where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the compounding of the offence being given to the court, the person against whom the offence is so compounded shall be discharged(7) any person who fails to comply with the order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine chapter xiii employment information and monitoring25reporting of vacancies to career centres30139 (1) the appropriate government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, shall report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition(2) for the purposes of sub-section (1), the appropriate government may prescribe the following, namely:—(i) the manner in which the vacancies, referred to in sub-section (1), shall be reported to the career centres electronically or otherwise;35(ii) the form in which such vacancies shall be reported to the career centres; and (iii) the manner and form of filing the return by the employer, to the concernedcareer centre40(3) nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reported45(4) the executive officer shall have access to any record or document in the possession of any employer required to furnish any information or returns for the purposes of this chapter and may enter, at any reasonable time, any premises where he believes such record or document to be and inspect or take copies of such records or documents or ask any question necessary for obtaining any information required140 (1) the provisions of section 139 shall not apply in relation to vacancies,—exclusions from application of this chapter(a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or(b) in any employment in domestic service; or5(c) in any employment connected with the staff of parliament or any statelegislature; or(d) in any employment the total duration of which is less than ninety days; or (e) in any class or category of establishments as may be notified by the centralgovernment; or10(f) in any establishment (other than government establishment) with less thantwenty or such number of employees as may be notified by the central government; and(g) in any other employment as may be notified by the central government(2) unless the central government, by notification direct, the provisions of this chapter shall not apply in relation to—15(a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as union public service commission, staff selection commission or a state public service commission or any other agencies as may be notified by the central government; or20(b) vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate government chapter xiv miscellaneous25social security fund141 (1) there shall be established by the central government a social security fundfor social security and welfare of the unorganised workers, gig workers and platform workers and the sources of the fund shall comprise of funding received—(i) under sub-section (3) of section 109;(ii) under sub-section (3) of section 114;30(iii) from the composition of the offences under this code relating to centralgovernment and from any other social security fund established under any other central labour law(2) a separate account shall be established and maintained for the funding mentioned under each of the clauses (i), (ii) and (iii)35(3) social security fund referred to in sub-section (1) shall be expended for thepurposes for which each separate account has been established and maintained under sub-section (2)(4) the social security fund shall be established and administered in the manner prescribed by the central government40(5) there shall be established by the state government a social security fund for thewelfare of the unorganised workers in which there shall be credited the amount received from—(i) the composition of offences under this code relating to the state government; and (ii) such other sources as may be prescribed by the state government, and the fund shall be administered and expended for the welfare of the unorganised workers in such manner as may be prescribed by the state governmentapplication of aadhaar5142 (1) an employee or unorganised worker or any other person, as the case may be,for—(a) registration as member or beneficiary; or (b) seeking benefit whether in kind, cash or medical sickness benefit or pension,gratuity or maternity benefit or any other benefit or for withdrawal of fund; or(c) availing services of career centre; or10(d) receiving any payment or medical attendance as insured person himself orfor his dependants,1518 of 2016under this code or rules, regulations or schemes made or framed thereunder, shall establish his identity or, as the case may be, the identity of his family members or dependants through aadhaar number and for such purpose the expression "aadhaar" shall have the meaning as defined in clause (a) of section 2 of the aadhaar (the targeted delivery of financial and other subsidies, benefits and services) act, 2016:18 of 201620provided that any foreigner employee shall obtain and submit aadhaar number for establishing his identity, as soon as possible, on becoming resident within the meaning of clause (v) of section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201618 of 2016(2) for the purposes of sub-section (1), the aadhaar number issued to an individual shall be in accordance with the provisions of section 3 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201625power to exempt establishment30143 (1) notwithstanding anything contained in this code, the appropriate governmentmay, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption, as may be prescribed by the central government in this behalf, grant exemption to an establishment or class of establishments (including factory or other establishments under the control of central government or state government or local bodies) or employees or class of employees, from any or all of the provisions of this code or the scheme framed thereunder as may be specified in the notification and may renew for further period such exemption by like notification:provided that no such exemption,—35(i) in respect of provident fund scheme, pension scheme and insurance scheme,without prior consultation with the central board; and(ii) in respect of chapter iv, without prior consultation with the corporation, shall be granted or renewed and the central board or the corporation, as the case may be, shall on such consultation forward its view to the appropriate government within such time as may be prescribed by that government40(2) the appropriate government may, in the notification referred to in sub-section (1), specify therein conditions as may be prescribed by that government, which the exempted establishment or the class of establishment or an employee or class of employees, as the case may be, shall comply with after such exemption:45provided that for the purpose of grant of exemption in respect of provident fund scheme, pension scheme and insurance scheme, the terms and conditions of exemption shall be specified in such respective schemes(3) the exemption granted under sub-section (1) to an establishment or class of establishment or an employee or class of employees, as the case may be, shall be initially for a period of three years from the date of publication of such notification and may be extended by the appropriate government to the extent of such period as may be prescribed by the central government:5provided that for the purpose of grant of exemption in respect of provident fund scheme, pension scheme and insurance scheme, exemption may be extended for such period as may be specified in such respective schemes10(4) the exemption granted under sub-section (1) shall only be granted if the employees in the establishment or class of establishments or an employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of the code or the scheme framed thereunder15(5) for the purposes of administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, and any other matter specified in the scheme for any exempted establishment or class of establishment or employees or class of employees, a board of trustees shall be constituted by the employer which will be a legal entity which can sue and can be sued and the conditions for management of the trust shall be prescribed by the appropriate government as part of the conditions for exemption:20provided that conditions for administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, in respect of exemption from provident fund scheme, pension scheme and insurance scheme shall be specified in such respective schemes25(6) where an exemption is granted under this section from operation of any or all the provisions of the code or any of the scheme under chapter iii, to any establishment, class of establishment, employee or class of employees, the employer in relation to such establishment shall furnish such returns electronically in respect of persons employed, accounts maintained in respect of employees, investments made from the fund, provide facilities for inspection and pay such inspection charges as the central government may direct30(7) if employer in relation to any establishment or class of establishments or employee or class of employees in respect of whom the exemption has been granted under sub-section (1), fails to comply with any of the conditions specified under this section, then, the appropriate government may on such failure, cancel the exemption so granted35(8) where any exemption granted under sub-section (1) is cancelled, the entire amount of surplus and reserves, if any, and accumulations to the credit of every employee, to whom such exemption applied, in the exempted fund of the establishment in which he is employed, shall be transferred to the respective statutory fund created under this code within such time and manner as specified in the conditions for grant of exemption:40provided that in respect of any cancellation of exemption from the provident fundscheme, pension scheme and insurance scheme, the time limit, form and manner of transfer of accumulations of exempted employees from the exempted funds to such respective funds shall be specified in such respective schemes45 50(9) notwithstanding anything contained in this section, the employer of anestablishment exempted under sub-section (1), after the resolution of the board of trustees of the establishment to that effect may make an application to the appropriate government for surrender of the exemption granted under that sub-section from the date specified in the application and the appropriate government may on receipt of that application, allow the employer to remit the contribution in the statutory funds under this code from the date specified in the application and process the application for cancellation of exemption and on such cancellation, the employer and the board of trustees shall transfer accumulation ofeach employee and surplus and reserves from the fund referred to in sub-section (5), to the concerned statutory funds under this code within such time and in such manner as may be notified by the appropriate government:5provided that in respect of any surrender of exemption from the provident fund scheme, pension scheme and the insurance scheme, the time limit, form and manner of transfer of accumulation of exempted employees and surplus and reserves from the fund referred to in sub-section (5), to the concerned statutory funds under this code shall be such as may be specified in the concerned schemes framed under chapter iiipower to defer or reduce10144 notwithstanding anything contained in chapter iii or chapter iv, the centralgovernment may by order, defer or reduce employer's contribution, or employee's contribution, or both, payable under chapter iii or chapter iv, as the case may be, for a period up to three months at a time, in respect of establishment to which chapter iii or chapter iv, as the case may be, applies, for whole of india or part thereof in the event of pandemic, endemic or national disaster15liability in case of transfer of establishment145 where an employer transfers his establishment in whole or in part, by sale, gift,lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this code in respect of the periods up to the date of such transfer:20provided that the liability of the transferee shall be limited to the value of the assetsobtained by him by such transfer2545 of 1860the members, officers and staff to be public servants146 every member of a social security organisation and the officers and staff thereof, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under this code, shall be deemed to be a public servant within the meaning of section 21 of the indian penal code147 no suit, prosecution or other legal proceeding shall lie against —protection of action taken in good faith(i) the central government; (ii) a state government; (iii) a social security organisation;30(iv) a competent authority; (v) any officer or staff of a social security organisation; or(vi) any other person or authority,35discharging the functions or exercising the powers under this code, for anything which is in good faith done or intended to be done in pursuance of this code or of any rules, regulations or schemes made or framed thereundermisuse of benefits40148 if the appropriate government is satisfied in the manner prescribed by it that anyestablishment or any other person has misused any benefit provided to him under this code or rules, regulations or schemes made or framed thereunder, then, such government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification:provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be:provided further that the manner to ascertain misuse of any benefit under this section relating to chapter iii, shall be specified in the provident fund scheme or the pension scheme or the insurance scheme, as the case may be45149 the central government may give directions to—(i) any state government or a state board constituted under section 12 to execute in that state, of any of the provisions of this code; or5(ii) any of the social security organisations in respect of the matters relating to the implementation of the provisions of this codepower of central government to give directions to state government, and social security organisationspower to frame schemes150 the appropriate government may, subject to the condition of previous publication, frame schemes not inconsistent with this code, for the purposes of giving effect to the provisions thereof10protection against attachment, etc151 (1) notwithstanding anything contained in any other law for the time being in force, the amount standing to be credited in favour of the employee under chapters iii, iv, v, vi or vii of any member of any fund under this code, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be15 20(2) any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund maintained by his employer at the time of the death of such member or the exempted employee, as the case may be, and payable to his nominee or in case of failure of nomination, to his family under the scheme or the rules of the fund shall, subject to any deduction authorised by the said scheme or rules, as the case may be, vest in the nominee or such family and shall be free from any debt or other liability incurred by the deceased or the nominee before his death and shall also not be liable to attachment under any decree or order of any court2531 of 2016(3) notwithstanding anything contained in any other law for the time being in force, any amount due under the chapters referred to in sub-section (1) shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 2016power to amend schedule30152 (1) if the central government is satisfied that it is necessary or expedient so to do, it may, by notification amend the first schedule, fourth schedule, fifth schedule, sixth schedule and seventh schedule by way of addition or deletion therein and upon such addition or deletion, the schedules shall stand to have been amended accordingly35(2) if the appropriate government is satisfied that it is necessary or expedient so to do, it may, by notification amend the second schedule and third schedule by way of addition therein and not otherwise, and upon such addition, the schedules shall stand to have been amended accordinglytransitional provisions153 notwithstanding anything contained in this code, the following organisations constituted or established under the enactments repealed under section 164, namely:—19 of 1952(i) the central board constituted under section 5a of the employees' providentfunds and miscellaneous provisions act, 1952;4019 of 1952(ii) executive committee constituted under section 5aa of the employees'provident funds and miscellaneous provisions act, 1952;34 of 1952(iii) the corporation established under section 3 of the employees' stateinsurance act, 1948;4534 of 1948(iv) the medical benefit council constituted under section 10 of the employees'state insurance act, 1948;34 of 1948(v) the standing committee of the corporation constituted under section 8 ofthe employees' state insurance act, 1948; and27 of 1996(vi) the board constituted under sub-section (1) of section 18 of the building and other construction workers (regulation of employment and condition of service) act, 1996,510shall, after the commencement of this code, continue to exercise the powers and discharge the functions of the corresponding organisations under this code, respectively, the central board of trustees for employees provident fund constituted under section 4, the executive committee constituted under sub-section (3) of section 4, the employees state insurance corporation, constituted under section 5, the medical benefit committee constituted under sub-section (5) of section 5, the standing committee constituted under sub-section (3) of section 5, building workers' welfare board constituted under sub-section (1) of section 7, as if such organisations constituted or, as the case may be, established under such repealed enactments, had been constituted under the respective provisions of this code, till such corresponding organisations are constituted under this code or till their respective time period under the repealed enactments expire, whichever is earlier15154 (1) the appropriate government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code for the purpose of giving effect to the provisions thereofpower of appropriate government to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—20(a) the amount in connection with premium for group insurance scheme of thebeneficiaries under clause (c), the educational schemes for the benefit of children ofthe beneficiaries under clause (d) and the medical expenses for treatment of majorailments of a beneficiary or, such dependant under clause (e) of sub-section (6) ofsection 7;25(b) manner and time within which second appeal may be filed to the employees'insurance court by the insured person or the corporation under clause (b) of sub-section (7) of section 37;(c) the manner of commencement of proceedings before the employees insurancecourt, fees and procedure thereof under sub-section (1) of section 51;30(d) bank or other financial institution in which the gratuity shall be invested forthe benefit of minor under the third proviso to sub-section (1) of section 53;(e) the time, form and manner of nomination by an employee under sub-section (1), the time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5) and the form for fresh nomination under sub-section (6) of section 55;35(f) time within which and the form in which a written application shall be made under sub-section (1) and the form of application to the competent authority under clause (b) of sub-section (5) of section 56;40(g) the manner of registration of an establishment by the employer registered under sub-section (3) and the manner of composition of the board of trustees of the approved gratuity fund and the manner in which the manner of competent authority may recover the amount of the gratuity payable to an employee from the insurer under sub-section (4) of section 57;45(h) the qualifications and experience of the officer appointed as the competent authority under sub-section (1) of section 58;(i) authority to whom an appeal may be preferred under sub-section (3) of section 72;(j) class of employers and the form of notice-book under sub-section (4) of section 82;50(k) the manner of recording the memorandum in a register by the competnet authority under sub-section (1) of section 89;(l) such other experience and qualifications for appointment as a competentauthority under sub-section (1) of section 91;(m) time limit to pay the amount of cess under section 101; (n) fees for appeal under sub-section (2) of section 105;5(o) conditions to acquire, hold, sell or otherwise transfer any movable orimmovable property under sub-section (1) conditions to invest moneys, re-invest orrealise investments under sub-section (2) terms to raise loans and take measures fordischarging such loans under sub-section (3) and terms to constitute for the benefitof officers and staff or any class of them, provident or other benefit funds under subsection (4) of section 120;10(p) conditions and manner of writing off irrecoverable dues under section 121; (q) other powers of inspector-cum-facilitator under clause (e) of sub-section (6)of section 122;15(r) form and manner for maintenance of records and registers and other particularsand details under clause (a), manner and form for display of notices at the work placesof the employees under clause (b) and the manner and period of filing returns to the officers or authority under clause (d) of section 123;(s) the form and manner of application for compounding of an offence undersub-section (4) of section 138;20(t) the manner and form for reporting vacancies and form for filing the return bythe employer, to the concerned career centre under sub-section (2) of section 139;25(u) the time within which the central board or the corporation, as the case maybe, shall forward its view to the appropriate government under sub-section (1), conditions which the exempted establishment or the class of establishment or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-section (2) and conditions for management of the trust under sub-section (5) of section 143;(v) manner of determining the misuse of any benefit by an establishment or byany other person under section 148; and30(w) any other matter which is required to be, or may be, prescribed by theappropriate government under the provisions of this code155 (1) the central government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereofpower of central government to make rules35(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—40(a) the manner, and the conditions subject to which, the provisions of chapteriii shall be made inapplicable to an establishment by the central provident fund commissioner, under sub-section (5) and the manner, and the conditions subject to which the provisions of that chapter iv shall be made inapplicable to an establishment by the director general of the corporation under sub-section (7) of section 1;45(b) manner of establishment and maintenance of career centre and the careerservices under clause (9), the income of dependent parents (including father-in-law and mother-in-law of a woman employee), under sub-clause (e) of clause (33) and other authority who shall be deemed to be the occupier under sub-clause (c) and the matters which are directly related to the condition of ship, for which the owner of ship shall be deemed to be the occupier under the proviso to the said sub-clause (c), ofclause (53) of section 2;50(c) the time and manner of registration of establishment, the manner of makingapplication for cancellation of the registration, the conditions subject to which theregistration shall be cancelled and the procedure of cancellation and other matters relating thereto in respect of an establishment to which chapter iii or chapter iv applies, and whose business activities are in the process of closure, under section 3;5(d) the manner of administration of the funds vested in the central board under sub-section (1), the manner to assist the central board in performance of its functions by executive committee under sub-section (3), the terms and conditions, including tenure of office of members of the central board and executive committee under sub-section (6) and the other functions and the manner of performing such functions under sub-section (7) of section 4;1015(e) the manner of administration of the corporation and the manner of representation of states under clause (d) of sub-section (1), the manner of constitution of standing committee under sub-section (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of functions by the standing committee under clause (a) of sub-section (4), the duties and powers of medical benefit committee under clause (b) of sub-section (5) and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-section (7)of section 5;20(f) the manner of exercising the powers and performance of the functions by the national social security board under sub-section (1), the manner of nomination of members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-section (4)and time, place and rules of procedure relating to the transaction of business under sub-section (6) of section 6;25(g) other welfare measures and facilities under clause (j) of sub-section (6) of section 7;(h) the intervals at which social security organisation or any committee thereof shall meet and the procedure in regard to the transaction of business at meetings under sub-section (1), and the fee and allowances of members of such social security organisation or committee under sub-section (4) of section 9;30 35(i) manner of re-constitution of the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any of the committees under sub-section (1) and the alternate arrangements for the purpose of administration of the relevant provisions of this code under sub-section (2) of section 11;(j) the manner of maintenance of a provident fund account in relation to the establishment under sub-section (1) of section 21;(k) the form, manner, time limits and fees for filing of appeal under sub-section (2)of section 23;40(l) salary and allowances of the director general or the financial commissioner under sub-section (3), their powers and duties under sub-section (4) and maximum monthly salary limit under the proviso to sub-section (7) of section 24;(m) the manner of investment of employees' state insurance fund or any other money which is held by corporation under sub-section (4) of section 25;45(n) limits for defraying of expenditure under clause (k) of section 26;(o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys by the corporation under sub-section (2) and the terms to raise loans and taking measures for discharging such loans under sub-section (3) of section 27;(p) manner of insurance of employees under sub-section (1) of section 28; (q ) the rate of contributions under sub-section (2) of section 29; (r) the type of administrative expenses and percentage of income which may be spent on expenses and the limits for such expenses under section 30;5(s) the limit for the amount of payment under the proviso to clause (f) of sub-section (1), and the qualifications to claim benefits, conditions, rate and period thereof under sub-section (3) of section 32;(t) the limits within which the corporation may incur expenditure from the employees' state insurance fund under section 33;10(u) the manner and time within which the insured person or the corporation may file appeal under clause (a) of sub-section (7) of section 37;(v) the rates, periods and conditions for payment of dependants' benefit under sub-section (1) and to other dependants under sub-section (2), of section 38;15(w) the qualification of an insured person and his family to claim medical benefit and the conditions subject to which such benefit may be given and the scale and period thereof, under sub-section (3) of section 39, and the payment of contribution and other conditions under the third proviso thereof;(x) the structure, functions, powers and activities of the organisation for providing certain benefits to employees in case of sickness, maternity and employment injury, under sub-section (6) of section 40;20(y) extended period for insurance, the manner of satisfaction and the manner of calculation of capitalised value of benefit payable to the employee under sub-section (1)of section 42;25(z) terms and conditions subject to which the scheme may be operated under section 44;30(za) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-section (1) and conditions to exempt and manner of establishing an approved gratuity fund under sub-section (2) and the time to get establishment registered by the employer under sub-section (3) of section 57;(zb) the form of notice under sub-section (1) and the proof of pregnancy and proof of delivery under sub-section (5) of section 62;35(zc) the proof of miscarriage or medical termination of pregnancy under sub-section (1), the proof of tubectomy operation under sub-section (2) and the proof of illness under sub-section (3) of section 65;(zd) the duration of breaks under section 66; (ze) the number of employees and distance for crèche facility under sub-section (1)of section 67;(zf) gross misconduct under the second proviso to sub-section (1) of section 68;40(zg) rate of interest to be paid by the employer under clause (a) of sub-section (3) ofsection 77;(zh) the manner of notice under sub-section (1) and the manner of transmitting money under sub-section (3) of section 92;(zi) the form, manner and fee for application for claim or settlement under sub-section (3) of section 93;45(zj) the manner and time of collection of cess under sub-section (2), manner of deposit of the cess so collected under sub-section (3), and the uniform rate or rates of advance cess under sub-section (4) of section 100;(zk) the rate of interest in case of delayed payment of cess under section 101; (zl) the manner of self-assessment of cess under sub-section (1) of section 103;(zm) the authority to inquire and impose penalty under section 104; (zn) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-section (1) of section 105;5(zo) manner of registration as beneficiary under section 106; (zp) benefits of a beneficiary under sub-section (2) of section 107;10(zq) eligible age for registration under clause (a) and form, manner of information under clause (b) of sub-section (1), and the form of application and documents for registration and the manner of self registration sub-section (2) of section 113;(zr) carrying out the matters specified in clause (i) of sub-section (7) of section114;(zs) manner of compounding of offences under sub-section (1) of section 138; (zt) the manner of establishment and administration of the social security fund under sub-section (4) of section 141;15(zu) eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption under sub-section (1); and extension period of exemption under sub-section (3) of section 143; and20(zv) any other matter which is required to be, or may be prescribed by the central government under the provisions of this codepower of state government to make rules156 (1) the state government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereof25(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—30(a) the manner of exercising the powers and performance of functions by state unorganised workers' board under sub-section (9), the manner of nomination of members of the board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the board under sub-section (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-section (14) of section 6;35(b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board and the manner of filling of casual vacancies of such members, under sub-section (4), the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the said board under clause (c) of sub-section (5) of section 7;(c) procedure to be followed by the employees' insurance court under sub-section (2) and the rules under sub-section (3) of section 50;40(d) the amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub-section (7) of section 76;(e) conditions when application for review is made without certificate of a medical practitioner under sub-section (1) of section 79;45(f) the frequent interval for medical examination under the proviso tosub-section (1) of section 84;(g) the form of statement to be submitted by the employer under sub-section (1)of section 88;5(h) manner in which of matters be dealt by or before a competent authority mayunder sub-section (1) of section 92;(i) time-limit for disposal of application and costs incidental to the proceedingsunder sub-section (4) of section 93;(j) the manner of authentication of memorandum under section 97;10(k) such other sources of funding and the manner of administering andexpending of the fund under sub-section (5) of section 141; and(l) any other matter which is required to be, or may be, prescribed by the stategovernment under the provisions of this code15power of corporation to make regulations157 (1) the corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this code and the rules and schemes made or framed thereunder, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter iv and the provisions of this code relating to that chapter:20(2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the cases and matters to be submitted for the decision of the corporationunder clause (b) of sub-section (4) and the composition of committees undersub-section (6) of section 5;25(b) the areas in respect of which the corporation may appoint regional boardsand local committees and the manner in which such boards and committees shall perform the functions and exercise the powers under sub-section (2) of section 12;30(c) such other functions of the director general and the financial commissionerunder sub-section (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under clause (a) ofsub-section (8) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-section (9) of section 24;(d) the unit in respect of which all contribution shall be payable undersub-section (3), and the days on which the contributions shall fall due undersub-section (4) of section 29;35(e) maintenance of register of employees by or through the contractor undersub-section (7), and any matter relating or incidental to the payment and collection ofcontribution under sub-section (9) of section 31;40(f) qualifications and experience of other person to certify sickness under clause(a), authority to certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause (c) of sub-section (1), the conditions for extensionof medical benefits under sub-section (2) and any matter relating or incidental to theaccrual and payment of benefits under sub-section (4) of section 32;(g) continuous period in which the employee contracts occupational disease under sub-section (1) of section 36;(h) constitution of medical board under sub-section (1) and constitution of medical appeal tribunal under sub-section (5) of section 37;510(i) the period and the nature of medical benefit which may be allowed to a person under the first proviso, conditions for voluntary retirement scheme under the second proviso, payment of contribution and other conditions for eligibility to receive medical benefits under the second proviso and the conditions for grant of medical benefits to the insured person during employment injury under the fourth proviso, to sub-section (3), the time for which students of medical education institutions shall serve the corporation and the manner in which the bond shall be furnished under clause (b) of sub-section (4) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of insured persons under sub-section (6) of section 39;15(j) other authority for providing permission to leave the area in which medical treatment provided under clause (c) of sub-section (3), form of nomination under sub-section (6) and the authority to determine benefits under sub-section (9) of section 41;20(k) user charges to be paid by other beneficiaries for medical facilities under clause (c) of the explanation to section 44;(l) time within which the claims, recovery or contribution, from employer by the corporation and recovery of contribution by the employer from the contractor, shall be made under the second proviso to sub-section (1) of section 51;25(m) the forms of records and registers and of returns to be filed under the second proviso to clause (d) of section 123;(n) the appellate authority not below the rank of the joint director of the corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the corporation under section 12630(o) manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under section 128;(p) the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and35(q) any matter in respect of which regulations are required or permitted to be made by this code 158 the power to make rules, regulations and schemes under this code (except the schemes to be framed under chapter iii), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:—prior publication of rules, regulations, etc40(a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rules, regulations and schemes is published for general information in the official gazette;(b) such rules, regulations and schemes shall finally be published in the official gazette and, on such publication, shall have effect as if enacted in this code:45provided that the central government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section5rules to give effect to arrangements with other countries for the transfer of money paid as compensation159 (1) the central government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any state of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any state:10provided that no sum deposited under chapter vii in respect of fatal accidents shall be so transferred without the consent of the employer concerned after the competent authority receiving the sum has passed orders determining its distribution and apportionment under section 8115(2) where money deposited with a competent authority has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this code regarding distribution by the competent authority of compensation deposited with him shall cease to apply in respect of any such moneylaying of rules, regulations and schemes, etc2025160 (1) every rule, regulation, notification and scheme made or framed by the central government or the corporation, as the case may be, under this code shall be laid, as soon as may be after it is made or framed, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation, notification or scheme, as the case may be, or both houses agree that the rule, regulation, notification or scheme, as the case may be, should not be made, such rule, regulation, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, notification or scheme, as the case may be30(2) every rule and scheme made or framed, and every notification issued by, the state government under this code, shall be laid as soon as may be after it is made or framed, before the state legislatures, where it consists of two houses, or where such legislature consists of one house, before that house35161 (1) the provisions of this code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this code:effect of laws and agreements inconsistent with this code40provided that where under any such award, agreement, contract of service or otherwise, a person is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this code, the person shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this code(2) nothing contained in this code shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this code45delegation of powers50162 the appropriate government may, by notification, direct that all or any of thepowers and functions which may be exercised or performed by that government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the central board, the corporation, the national social security board, the state unorganised workers board, building workers welfare board or any officer or authority subordinate to the central board, the corporation, the national social security board, the state unorganised workers' board, building workers' welfare boardpower to remove difficulties163 (1) if any difficulty arises in giving effect to the provisions of this code, the central government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of this code, as may be necessary or expedient for removing the difficulty:5provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this code(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament164 (1) the following enactments are hereby repealed, namely:—repeal and savings8 of 1923101 the employee's compensation act, 1923;34 of 19482 the employees' state insurance act, 1948; 3 the employees' provident funds and miscellaneous provisions act, 1952;19 of 19524 the employment exchanges (compulsory notification of vacancies) act, 1959;31 of 19595 the maternity benefit act, 1961;53 of 19616 the payment of gratuity act, 1972;1539 of 19727 the cine-workers welfare fund act, 1981;33 of 19818 the building and other construction workers' welfare cess act, 1996;28 of 19969 the unorganised workers social security act, 200833 of 2008(2) notwithstanding such repeal,—2025 30(a) anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the states), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate government;3519 of 1952 34 of 1948(b) the employees' provident funds scheme, 1952, the employees, deposit linked insurance scheme, 1976 the employees' pension scheme, 1995 and the employees' provident funds appellate tribunal procedure rules, 1997 framed or made under the employees' provident funds and miscellaneous provisions act, 1952 and the rules, regulations and schemes made or framed under the employees' state insurance act, 1948, shall remain in force, to the extent they are not inconsistent with the provisions of this code for a period of one year from the date of commencement of this code;40(c) any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it ceases to be in operation under the provisions of this code or till any direction is made thereunder for such purpose10 of 1897(3) without prejudice to the provisions of sub-section (2), the provisions of section 6 of the general clauses act, 1897 shall apply to the repeal of such enactments45 the first schedule[see sections 1(4), (8) and 152 (1)] applicability| chapter | chapter heading | applicability ||-----------------------------------------------------------|-----------------------------------------|-------------------------------------------------------|| no | | || (1) | (2) | (3) || iii | employee's provident fund | every establishment in which twenty or more || employees are employed | | || iv | employee's state insurance | every establishment in which ten or more persons are || corporation | employed other than a seasonal factory: | || provided that chapter iv shall also be applicable | | || to an establishment, which carries on such hazardous | | || or life threatening occupation as notified by the central | | || government, in which even a single employee is | | || employed: | | || provided further that an employer of a plantation, | | || may opt the application of chapter iv in respect of the | | || plantation by giving willingness to the corporation, | | || where the benefits available to the employees under | | || that chapter are better than what the employer is | | || providing to them: | | || provided also that the contribution from the | | || employers and employees of an establishment shall be | | || payable under section 29 on and from the date on which | | || any benefits under chapter iv relating to the employees | | || state insurance corporation are provided by the | | || corporation to the employees of the establishment and | | || such date shall be notified by the central government | | || v | gratuity | ( || railway company; and | | || ( | b | ) every shop or establishment in which ten or more || employees are employed, or were employed, on any | | || day of the preceding twelve months; and such shops | | || or establishments as may be notified by the appropriate | | || government from time to time | | || vi | maternity benefit | ( || plantation including any such establishment belonging | | || to government; and | | || ( | b | ) to every shop or establishment in which ten or more || employees are employed, or were employed, on any | | || day of the preceding twelve months; and such other | | || shops or establishments notified by the appropriate | | || government | | || vii | employee's compensation | subject to the provisions of the second schedule, it || applies to the employers and employees to whom | | || chapter iv does not apply | | || (1) | (2) | (3) ||----------------------------|-----------------------------|--------------------------------------------------------|| viii | social security and cess in | every establishment which falls under the building and || respect of building and | other construction work | || other construction workers | | || ix | social security for | unorganised sector, unorganised workers, gig worker, || unorganised workers | platform worker | || xiii | employment information | career centres, vacancies, persons seeking services of |and monitoringcareer centres and employers[see sections 2(26), 74 (3) and (5), 132 and 152 (2)] list of persons who are employees within the meaning of the third proviso to clause (26) of section 2the following persons are employees within the meaning of second proviso to clause(26) of section 2 and subject to the said proviso, any person who is—(i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or(ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises; or explanation—for the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or(iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or(v) employed, in any mine as defined in clause (j) of section 2 of the mines act,1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or(vi) employed as the master or as a seaman of—(a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or(b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of—(a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the ports act, 1908 (15 of 1908), or the major port trusts act, 1963 (38 of 1963), of goods which have been discharged from or are to be loaded into any vessel; or(b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or(e) the docking or undocking of any vessel during an emergency; or(f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or(g) any work on jolly-boats for bringing a ship's line to the wharf; or(viii) employed in the construction, maintenance, repair or demolition of—(a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or(b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or(c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or(x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or(xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the railways act, 1989 (24 of 1989), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or(xiii) employed as an inspector, mail guard, sorter or van peon in the railway mail service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the indian posts and telegraphs department; or(xiv) employed, in connection with operation for winning natural petroleum or natural gas; or(xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or(xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or(xix) employed, in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or(xx) employed in a lighthouse as defined in clause (d) of section 2 of the indian lighthouse act, 1927 (17 of 1927); or(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or(xxii) employed in the training, keeping or working of elephants or wild animals; or(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or(xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,—(a) any warehouse or other place in which goods are stored; or (b) any market; or(xxvii) employed in any occupation involving the handling and manipulation of radium or x-rays apparatus, or contact with radioactive substances; or(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the indian aircraft act, 1934 (22 of 1934); or(xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or(xxx) employed, in the construction, working, repair or maintenance of a tubewell; or(xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or(xxxii) employed in a circus; or (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or(xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or(xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or(xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or(xliv) employed in spraying and dusting or insecticides of pesticides in agricultural operations or plantations; or(xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 366 metres or more from the ground level; or(xlviii) employed in any newspaper establishment as defined in the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (45 of 1955) and engaged in outdoor work; or(xlix) employed as sales promotion employee; or (xlx) any other employee or class of employee employed in an establishment or class of establishment to which the employees' compensation act, 1923 (8 of 1923) was applicable in any state immediately before the commencement of this code[see sections 2 (51), 36(1), 74 (1), (3) and (5), 131(5), 132 and 152(2)] list of occupational diseases| serial no | occupational disease | employment ||--------------|------------------------|--------------|| (1) | (2) | (3) | part a| 1 | infectious and parasitic diseases | ( | a ||----------------------------------------------|--------------------------------------|---------------------------------------------|---------------------------------------------|| contracted in an occupation where | laboratory work; | | || there is a particular risk of | ( | b | ) all work involving exposure to veterinary || contamination | work; | | || ( | c | ) work relating to handling animals, animal | || carcasses, part of such carcasses, or | | | || merchandise which may have been | | | || contaminated by animals or animal carcasses; | | | || ( | d | ) other work carrying a particular risk of | || contamination | | | || 2 | diseases caused by work in | all work involving exposure to the risk | || compressed air | concerned | | || 3 | diseases caused by lead or its toxic | all work involving exposure to the risk | || compounds | concerned | | || 4 | poisoning by nitrous fumes | all work involving exposure to the risk | || concerned | | | || 5 | poisoning by organo phosphorus | all work involving exposure to the risk | || compounds | concerned | | | part b| 1 | diseases caused by phosphorus or | all work involving exposure to the risk ||-----------------------------------------|-----------------------------------------------|----------------------------------------------|| its toxic compounds | concerned | || 2 | diseases caused by mercury or | all work involving exposure to the risk || its toxic compounds | concerned | || 3 | diseases caused by benzene or its | all work involving exposure to the risk || toxic homologues | concerned | || 4 | diseases caused by nitro and amido | all work involving exposure to the risk || toxic derivatives of benzene or its | concerned | || homologues | | || 5 | diseases caused by chromium or its | all work involving exposure to the risk || toxic compounds | concerned | || 6 | diseases caused by arsenic or its | all work involving exposure to the risk || toxic compounds | concerned | || 7 | diseases caused by radioactive | all work involving exposure to the action of || substances and ionising radiations | radioactive substances or ionising radiations | || 8 | primary epitheliomatous cancer of | all work involving exposure to the risk || the skin caused by tar, pitch, bitumen, | concerned | || mineral oil, anthracene, or the | | || compounds, products or residues | | || of these substances | | || (1) | (2) | (3) ||--------------------------------------|--------------------------------------------------------------------------------|-----------------------------------------|| 9 | diseases caused by the toxic halogen all work involving exposure to the risk | || derivatives of hydrocarbons (of the | concerned | || aliphatic and aromatic series) | | || 10 | diseases caused by carbon | all work involving exposure to the risk || disulphide | concerned | || 11 | occupational cataract due to infra-red all work involving exposure to the risk | || radiations | concerned | || 12 | diseases caused by manganese or its all work involving exposure to the risk | || toxic compounds | concerned | || 13 | skin diseases caused by physical, | all work involving exposure to the risk || chemical or biological agents not | concerned | || included in other items | | || 14 | hearing impairment caused by noise | all work involving exposure to the risk || concerned | | || 15 | poisoning by dinitrophenol or a | all work involving exposure to the risk || homologue or by substituted | concerned | || dinitro-phenol or by the salts | | || of such substances | | || 16 | diseases caused by beryllium or its | all work involving exposure to the risk || toxic compounds | concerned | || 17 | diseases caused by cadmium or its | all work involving exposure to the risk || toxic compounds | concerned | || 18 | occupational asthma caused by | all work involving exposure to the risk || recognised sensitising agents | concerned | || inherent to the work process | | || 19 | diseases caused by fluorine or its | all work involving exposure to the risk || toxic compounds | concerned | || 20 | diseases caused by nitroglycerin or | all work involving exposure to the risk || other nitroacid esters | concerned | || 21 | diseases caused by alcohols and | all work involving exposure to the risk || ketones | concerned | || 22 | diseases caused by asphyxiants, | all work involving exposure to the risk || carbon monoxide and its toxic | concerned | || derivatives, hydrogen sulphide | | || 23 | lung cancer and mesotheliomas | all work involving exposure to the risk || caused by asbestos | concerned | || 24 | primary neoplasm of the epithelial | all work involving exposure to the risk || lining of the urinary bladder or the | concerned | || kidney or the ureter | | || 25 | snow blindness in snow bound areas all work involving exposure to the risk | || concerned | | || 26 | diseases due to effect of heat in | all work involving exposure to the risk || extreme hot climate | concerned | || 27 | diseases due to effect of cold in | all work involving exposure to the risk || extreme cold climate | concerned | || (1) | (2) | (3) | (1) | (2) | (3) ||-------|-------|-------|-------|-------|-------| part c| 1 | pneumoconioses caused by | all work involving exposure to the risk ||--------------------------------------|-----------------------------------------|-------------------------------------------|| sclerogenic mineral dust (silicoses, | concerned | || anthraoosilicosis, asbestosis) and | | || silico-tuberculosis provided that | | || silicosis is an essential factor in | | || causing the resultant incapacity | | || or death | | || 2 | bagassosis | all work involving exposure to the risk || concerned | | || 3 | bronchopulmonary diseases caused | all work involving exposure to the risk || by cotton, flax hemp and sisal | concerned | || dust (byssionsis) | | || 4 | extrinsic allergic alveelitis caused by | all work involving exposure to the risk || the inhalation of organic dusts | concerned | || 5 | bronchopulmonary diseases caused | all work involving exposure to the risk || by hard metals | concerned | || 6 | acute pulmonary oedema of high | all work involving exposure to the risk || altitude | concerned | | the fourth schedule[see sections 2(55), (56), 76(1) and 152(1)] part ilist of injuries deemed to result in permanenttotal disablementserialdescription of injurypercentage ofnoloss of earningcapacity(1)(2)(3)1loss of both hands or amputation at higher sites1002loss of a hand and a foot1003double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot1004loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential1005very severe facial disfigurement1006absolute deafness100part iilist of injuries deemed to result in permanentpartial disablementserialdescription of injurypercentage ofnoloss of earningcapacity(1)(2)(3)1amputation through shoulder joint902amputation below shoulder with stump less than [2032 cms] from tip of acromion803amputation form [2032 cms] from tip of acromion to less than [1143 cms] below tip of olecranon704loss of a hand or of the thumb and four fingers of one hand or amputation from [1143 cms] below tip of olecranon605loss of thumb306loss of thumb and its metacarpal bone407loss of four fingers of one hand508loss of three fingers of one hand309loss of two fingers of one hand2010loss of terminal phalanx of thumb2011guillotine amputation of tip of thumb without loss of bone10| (1) | (2) | (3) ||----------------------------------------------------------|----------------------------------------------------------------------|-------|| amputation cases-lower limbs | | || 12 | amputation of both feet resulting in end bearing stumps | 90 || 13 | amputation through both feet proximal to the | 80 || metatarsophalangeal joint | | || 14 | loss of all toes of both feet through the metatarso-phalangeal joint | 40 || 15 | loss of all toes of both feet proximal to the proximal | 30 || inter-phalangeal joint | | || 16 | loss of all toes of both feet distal to the proximal | 20 || inter-phalangeal joint | | || 17 | amputation at hip | 90 || 18 | amputation below hip with stump not exceeding [1270 cms] | 80 || in length measured from tip of great trenchanter | | || 19 | amputation below hip with stump exceeding [1270 cms] | 70 || in length measured from tip of great trenchanter but not | | || beyond middle thigh | | || 20 | amputation below middle thigh to [889 cms] below knee | 60 || 21 | amputation below knee with stump exceeding [889 cms] | || but not exceeding [1270 cms] | 50 | || 22 | amputation below knee with stump exceeding [1270 cms] | 50 || 23 | amputation of one foot resulting in end bearing | 50 || 24 | amputation through one foot proximal to the | 50 || metatarso-phalangeal joint | | || 25 | loss of all toes of one foot through the metatarso-phalangeal joint | 20 || other injuries | | || 26 | loss of one eye, without complications, the other being normal | 40 || 27 | loss of vision of one eye, without complications or disfigurement | || of eye-ball, the other being normal | 30 | || 28 | loss of partial vision of one eye | 10 || loss of— | | || a-fingers of right or left hand | | || index finger | | || 29 | whole | 14 || 30 | two phalanges | 11 || 31 | one phalanx | 9 || 32 | guillotine amputation of tip without loss of bone | 5 || middle finger | | || 33 | whole | 12 || 34 | two phalanges | 9 || 35 | one phalanx | 7 || 36 | guillotine amputation of tip without loss of bone | 4 || (1) | (2) | (3) ||---------------------------------------------|---------------------------------------------------|-------|| ring or little finger | | || 37 | whole | 7 || 38 | two phalanges | 6 || 39 | one phalanx | 5 || 40 | guillotine amputation of tip without loss of bone | 2 || b-toes of right or left foot | | || great toe | | || 41 | through metatarso-phalangeal joint | 14 || 42 | part, with some loss of bone | 3 || any other toe | | || 43 | through metatarso-phalangeal joint | 3 || 44 | part, with some loss of bone | 1 || two toes of one foot, excluding great toe | | || 45 | through metatarso-phalangeal joint | 5 || 46 | part, with some loss of bone | 2 || three toes of one foot, excluding great toe | | || 47 | through metatarso-phalangeal joint | 6 || 48 | part, with some loss of bone | 3 || four toes of one foot, excluding great toe | | || 49 | through metatarso-phalangeal joint | 9 || 50 | part, with some loss of bone | 3 | the fifth schedule matters that may be provided for in the schemesany scheme framed under section 15 may provide for or all of the matters as specified below, namely:— part aserial nomatters on which the provident fund scheme may make provisions(1)(2)1the employees or class of employees who shall join the fund, and the conditionsunder which employees may be exempted from joining the fund or from making any contribution2the time and manner in which contributions shall be made to the fund by employersand by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered3the manner in which employees' contributions may be recovered by contractorsfrom employees employed by or through such contractors4the payment by the employer of such sums of money as may be necessary to meetthe cost of administering the fund and the rate at which and the manner in which the payment shall be made5the constitution of any committee for assisting any board of trustees6the opening of regional and other offices of any board of trustees7the manner in which accounts shall be kept, the investment of moneys belongingto the fund in accordance with any directions issued or conditions specified by the central government, the preparation of the budget, the audit of accounts and the submission of reports to the central government, or to any specified state government8the conditions under which withdrawals from the fund may be permitted and anydeduction or forfeiture may be made and the maximum amount of such deduction or forfeiture9the fixation by the central government in consultation with the boards of trusteesconcerned of the rate of interest payable to members10the form in which an employee shall furnish particulars about himself and hisfamily whenever required11the nomination of a person to receive the amount standing to the credit of amember after his death and the cancellation or variation of such nomination12the registers and records to be maintained with respect to employees and thereturns to be furnished by employers or contractors13the form or design of any identity card, token or disc for the purpose of identifyingany employee, and for the issue, custody and replacement thereof14the fees to be levied for any of the purposes specified in this schedule(1)(2)15the contraventions or defaults which shall be punishable under section 13516the further powers, if any, which may be exercised by inspector-cum-facilitators17the manner in which accumulations in any existing provident fund shall betransferred to the fund and the mode of valuation of any assets which may be transferred by the employers in this behalf18the conditions under which a member may be permitted to pay premia on lifeinsurance, from the fund19any other matter which is to be provided for in the scheme or which may benecessary or proper for the purpose of implementing the scheme part b matters that may be provided for in the pension scheme1 the employees or class of employees to whom the pension scheme shall apply 2 the portion of employers' contribution to the provident fund which shall becredited to the pension fund and the manner in which it is credited3 the regulation of the manner in which and the period of service for which, nocontribution is received4 the manner in which employees' interest will be protected against default in paymentof contribution by the employer5 the manner in which the accounts of the pension fund shall be kept and investmentof moneys belonging to pension fund to be made subject to such pattern of investment as may be determined by the central government6 the form in which an employee shall furnish particulars about himself and themembers of his family whenever required7 the forms, registers and records to be maintained in respect of employees, requiredfor the administration of the pension scheme8 the scale of pension and pensionary benefits and the conditions relating to grantof such benefits to the employees9 the manner in which the exempted establishments have to pay contribution towardsthe pension scheme and the submission of returns relating thereto10 the mode of disbursement of pension and arrangements to be entered into withsuch disbursing agencies as may be specified for the purpose11 the manner in which the expenses for administering the pension scheme will bemet from the income of the pension fund12 any other matter which is to be provided for in the pension scheme or which may be necessary or proper for the purpose of implementation of the pension scheme part c matters that may be provided for in the employees' deposit-linked insurance scheme1 the employees or class of employees who shall be covered by the insurancescheme2 the manner in which the accounts of the insurance fund shall be kept and theinvestment of moneys belonging to the insurance fund subject to such pattern of investment as may be determined, by order, by the central government3 the form in which an employee shall furnish particulars about himself and themembers of his family whenever required4 the nomination of a person to receive the insurance amount due to the employeeafter his death and the cancellation or variation of such nomination5 the registers and records to be maintained in respect of employees; the form ordesign of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount6 the scales of insurance benefits and conditions relating to the grant of suchbenefits to the employees7 the manner in which the amount due to the nominee or the member of the family ofthe employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970)8 any other matter which is to be provided for in the employees' deposit-linkedinsurance scheme or which may be necessary or proper for the purpose of implementing that schemethe sixth schedule[see sections 75, 76(1) and 152(1)] factors for working out lump sum equivalent of compensation amount in case of permanent disablement and death| completed years of age on the last birthday of the | factors ||------------------------------------------------------|-----------|| employee immediately preceding the date on which | || the compensation fell due | || (1) | (2) || not more than | 16 || 17 | 22749 || 18 | 22638 || 19 | 22522 || 20 | 22400 || 21 | 22271 || 22 | 22137 || 23 | 21995 || 24 | 21847 || 25 | 21691 || 26 | 21528 || 27 | 21357 || 28 | 21179 || 29 | 20992 || 30 | 20798 || 31 | 20595 || 32 | 20385 || 33 | 20166 || 34 | 19940 || 35 | 19706 || 36 | 19464 || 37 | 19214 || 38 | 18956 || 39 | 18690 || 40 | 18417 || 41 | 18137 || 42 | 17849 || (1) | (2) ||------------|--------|| 43 | 17554 || 44 | 17252 || 45 | 16944 || 46 | 16629 || 47 | 16307 || 48 | 1598 || 49 | 15647 || 50 | 15309 || 51 | 14967 || 52 | 1462 || 53 | 14268 || 54 | 13913 || 55 | 13556 || 56 | 13195 || 57 | 12833 || 58 | 1247 || 59 | 12105 || 60 | 11741 || 61 | 11377 || 62 | 11014 || 63 | 10652 || 64 | 10293 || 65 or more | 9937 | classification of aggregatorsslnoclassification of aggregator1ride sharing services2food and grocery delivery services3logistic services4e-market place (both market place and inventory model) for wholesale/retail sale of goods and/or services (b2b/b2c)5professional services provider6healthcare7travel and hospitality8content and media services9any other goods and service provider platform statement of objects and reasonsthe second national commission on labour, which submitted its report in june, 2002had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:—(a) industrial relations; (b) wages; (c) social security; (d) safety; and (e) welfare and working conditions2 in pursuance of the recommendations of the said commission and the deliberations made in the tripartite meeting comprising of the government, employers' and industry representatives, the code on social security, 2019 was introduced in the lok sabha on 11th december, 2019 with a view to amalgamate, simplify and rationalise the relevant provisions of the following nine central labour enactments relating to social security, namely:—(i) the employees' compensation act, 1923; (ii) the employees' state insurance act, 1948; (iii) the employees' provident funds and miscellaneous provisions act, 1952; (iv) the employment exchanges (compulsory notification of vacancies)act, 1959;(v) the maternity benefit act, 1961; (vi) the payment of gratuity act, 1972; (vii)the cine workers welfare fund act, 1981; (viii) the building and other construction workers welfare cess act, 1996; and (ix) the unorganised workers' social security act, 2008 3 the amalgamation of the said laws will facilitate the implementation and remove the multiplicity of definitions and authorities without compromising the basic concepts of welfare and benefits to workers further, the use of technology for effective enforcement of the provisions of the bill has been intended with a view to ensure transparency and accountability and facilitating ease of compliance widening the scope of the benefits to the fixed term employees would be a big step towards equity 4 the code on social security, 2019 was referred to the parliamentary standing committee on labour on 24th december, 2019 and the committee has submitted its report on 31st july, 2020 with certain recommendations after incorporating the valuable suggestions of the committee, it has now been decided to withdraw the pending code on social security, 2019 and to propose a fresh bill, namely, the code on social security, 20205 the salient features of the code on social security, 2020, inter alia, are—(i) to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors;(ii) to provide for an establishment to be covered under chapter iii relating to employees' provident fund (epf) and under chapter iv relating to employees state insurance corporation (esic) on voluntary basis even if the number of employees in that establishment is less than the threshold it further seeks to make those chapters inapplicable to such establishments on fulfilment of certain conditions;(iii) to define various expressions used in the bill such as, "career centre","aggregator", "gig worker", "platform worker", "wage ceiling" , etc further, the definition of "employee" has been comprehensively elaborated to cover maximum number of employees and workers;(iv) to provide for registration, electronically or otherwise, of every establishment to which the bill applies, within such time and in such manner as the central government may by rules determine it further provides for an option for cancellation of registration by any establishment whose business activities are in the process of closure, subject to the conditions as may be prescribed by the central government;(v) constitution of various social security organisations for the administration of the bill, namely, (a) the central board of trustees of the employees' provident fund (central board), (b) the employees' state insurance corporation (corporation), (c) the national social security board for unorganised workers (national social security board), (d) the state unorganised workers' social security board and (e) the state building workers welfare boards;(vi) to provide that the medical education institutions and training institutes of the employees' state insurance corporation may be run by the corporation itself or on the request of the corporation, by the central government, any state government, any public sector undertaking of the central government or the state government or any other body notified by the central government;(vii) to empower the central government to frame schemes for unorganised workers, gig workers and platform workers and the members of their families for providing benefits relating to employees' state insurance corporation;(viii) provisions for maternity benefits such as prohibition from work during certain periods, provision of nursing breaks, crèche facility, claim for maternity benefits, etc;(ix) to empower the central government, by notification, to assign additional work, including administration of any other enactment or scheme relating to social security, to any of the social security organisations and the expenses towards such additional work shall be borne by the central government;(x) to empower the central government to frame schemes for the purposes of providing social security benefits to self-employed workers or any other class of persons;(xi) to empower the central government to specify by notification, rates of employees' contributions to the employees' provident fund scheme and the period for which such rates shall apply for any class of employee;(xii) to provide for appeal against an order passed by any authority in regard to determination and assessment of dues and levy of damages relating to employees' provident fund by an employer only after depositing with social security organisation concerned, twenty-five per cent of the amount due from him as determined by the authority against whose order the appeal has been preferred;(xiii) to provide that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis and not on the basis of continuous service of five years;(xiv) to make provision for payment of cess by employer in case of building and other construction work, payable under chapter viii on the basis of his self-assessment;(xv) to provide for registration of every unorganised worker, gig worker or platform worker on the basis of self-declaration electronically or otherwise, along with such documents including aadhaar number, in such form and in such manner, containing such information as may be prescribed by the central government;(xvi) to empower the central government by order, to defer or reduce employer's contribution, or employee's contribution, or both, payable under chapter iii or chapter iv, as the case may be, for a period up to three months at a time, in respect of establishment to which chapter iii or chapter iv, as the case may be, applies, for whole of india or part thereof in the event of pandemic, endemic or national disaster;(xvii) to provide for establishment and maintenance of separate accounts under social security fund, for the welfare of unorganised workers, gig workers and platform workers; and a separate account for the amount received from the composition of offences under the bill or under any other central labour laws 6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivessantosh kumar gangwarnew delhi;the 15th september, 2020 notes on clausesclause 1 of the bill seeks to provide for short title, extent, commencement and application of the proposed billclause 2 of the bill seeks to define certain expressions used in the bill, which inter alia, includes "appropriate government", "building worker", "employment injury", "factory", "permanent partial disablement", "permanent total disablement', "tribunal", etcclause 3 of the bill seeks to provide for registration and cancellation of establishment to which the proposed bill applies in the manner provided in the rules made by the central governmentclause 4 of the bill seeks to provide for the manner of constitution and composition of the central board of trustees of the employees' provident fund for the purposes of chapter iii and the provisions of the bill relating to that chapterclause 5 of the bill seeks to provide for the manner of constitution and the composition of the employees state insurance corporation for the purposes of chapter iv and the provisions of the bill relating to that chapterclause 6 of the bill seeks to provide for the manner of constitution, composition and functions of the national social security board for unorganised workers and also for the constitution of state unorganised workers boardclause 7 of the bill seeks to provide for the manner of constitution, composition and function of the state building and other construction workers' welfare boardclause 8 of the bill seeks to provide the conditions which leads to disqualification and removal of a member of any social security organisationclause 9 of the bill seeks to provide for the procedure of social security organisation relating to their meetings, functions and allowancesclause 10 of the bill seeks to provide that the central provident fund commissioner and the director general shall not undertake any work unconnected with their office without prior approval of the central governmentclause 11 of the bill seeks to provide for the supersession of the corporation, the central board, the national social security board or the state unorganised workers' board or the building workers' welfare board, by the central or state government, as the case may beclause 12 of the bill seeks to provide for the constitution of state board, regional boards, local committees, etcclause 13 of the bill seeks to provide for entrustment of additional functions by the central government to social security organisationsclause 14 of the bill seeks to provide for appointment of officers of the central board by the central governmentclause 15 of the bill seeks to provide for framing of schemes, such as the employees'provident fund scheme, employees' pension scheme, and employees' deposit linked insurance schemeclause 16 of the bill seeks to provide for establishment of the provident fund, the pension fund and the deposit- linked insurance fund by the central government with respect to schemesclause 17 of the bill seeks to provide for contribution in respect of employees and contractorsclause 18 of the bill seeks to provide for fund to be recognised under the income tax act, 1961clause 19 of the bill seeks to provide for priority of payment of contributions over other debtsclause 20 of the bill seeks to provide for non-applicability of chapter iii to certain establishmentsclause 21 of the bill seeks to provide for authorisation of certain employers to maintain provident fund accountsclause 22 of the bill seeks to provide for transfer of accounts where the employee relinquishes his employment and obtains employment in any other establishmentclause 23 of the bill seeks to provide for appeal to tribunal for matters specified thereinclause 24 of the bill seeks to provide for appointment of principal officers and other staff of the corporationclause 25 of the bill seeks to provide for payment of all contributions and other moneys received in the employees' state insurance fund and its administration thereofclause 26 of the bill seeks to provide for the purposes for which the employees' state insurance fund may be expendedclause 27 of the bill seeks to provide for acquiring and holding of property, sale or otherwise transfer of property both movable and immovable, by the corporationclause 28 of the bill seeks to provide for insurance of all employees in the establishments to which chapter iv applyclause 29 of the bill seeks to provide for contribution payable by the employer and the employee which shall be paid to the corporationclause 30 of the bill seeks to provide administrative expenses and percentage of income of corporation which may be spent for such expensesclause 31 of the bill seeks to provide for payment of contribution by employers and recovery of contribution from the contractor, if paid by him and shall bear the expenses of remitting the contributions to the corporationclause 32 of the bill seeks to provide for benefits specified therein, to the insured persons, their dependents etc, which include periodical payments to any insured person in case of his sickness, periodical payments to an insured person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified by regulationsclause 33 of the bill seeks to provide for power of corporation to promote measures for improvement of the health and welfare of insured persons and for their rehabilitation and re employmentclause 34 of the bill seeks to provide that certain accidents described therein shall be presumed as accident arising in course of employmentclause 35 of the bill seeks to provide that an accident shall be deemed to arise out of and in the course of an employee's employment in the cases specified therein, notwithstanding that he is at the time of the accident acting in contravention of lawclause 36 of the bill seeks to provide that the contracting of the disease by an employee employed in any employment specified in that schedule, in the manner specified in that clause shall, unless the contrary is proved, be deemed to be an "employment injury ", arising out of and in the course of employmentclause 37 of the bill seeks to specify certain cases relating to insured persons which may be referred to medical board and for review by the medical board of its decisions in cases specified therein it further provides for appeal to the medical appeal tribunal or directly to the employees' insurance courts if the insured person or the corporation, as the case may be, is aggrieved by any decision of the medical boardclause 38 of the bill seeks to provide for the dependents' benefit to the dependants of the insured person specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2, at such rates and for such periods and subject to such conditions as may be prescribed by the central government in case such insured person dies as a result of an employment injury sustained as an employee under chapter iv, whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injuryclause 39 of the bill seeks to provide medical benefit to an insured person and members of his family subject to the qualification, conditions, scale and period of such benefit, as prescribed by the central government it further provides for establishment of medical education institutions, including colleges, dental colleges, nursing colleges and the training institutes by the corporation for its officers and staff with a view to improve the quality of services provided under the employees' state insurance schemeclause 40 of the bill seeks to provide that the state government or the corporation shall provide reasonable medical, surgical and obstetric treatment for insured persons and their families in the state it further provides that the state government may, with the approval of the corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed uponclause 41 of the bill seeks to lay down general provisions as to the benefits granted under chapter ivclause 42 of the bill seeks to provide for corporation's rights over an employer in case of failure or neglect specified in sub-clause (1) thereof, by such employer it further seeks to provide that the amount recoverable under the said clause may be recovered as if it were an arrear of land revenue or recovered in the manner specified under clauses 129 to 132clause 43 of the bill seeks to make the owner or occupier of factories or other establishment or the owner of the tenement or lodgings liable for payment of the amount of the extra expenditure incurred by the corporation as sickness benefit, where the corporation considers that the incidence of sickness among insured persons is excessive due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may beclause 44 of the bill seeks to make provision for scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised, on payment of user charges, and the terms and conditions for operation of the scheme shall be in accordance with the rules made by the central governmentclause 45 of the bill seeks to provide for schemes for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under chapter iv by the corporationclause 46 of the bill seeks to exempt any factory or other establishment belonging to any local authority, from the operation of chapter iv, if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under that chapterclause 47 of the bill seeks to provide that contributions, etc, due to corporation, shall have priority over other debtsclause 48 of the bill seeks to provide for constitution of employees' insurance court by state government by notificationclause 49 of the bill seeks to specify the matters which shall be decided by employees'insurance court it further seeks to oust the jurisdiction of civil courts to decide or deal with any question or dispute so specified or to adjudicate on any liability which by or under the bill relating to this chapter iv is to be decided by a medical board, or by a medical appeal tribunal or by the employees' insurance courtclause 50 of the bill seeks to provide that the employees' insurance court shall have all the powers of a civil court for the purposes specified in sub-clause (1) thereofclause 51 of the bill seeks to provide that the manner of commencement of proceedings before that court, the, fees and procedure thereof shall be such as may be provided by rules by the state governmentclause 52 of the bill seeks to provide for appeals to the high court from orders of employees' insurance courts if it involves a substantial question of lawclause 53 of the bill seeks to make provision for payment of gratuity to an employee on the termination of his employment subject to the conditions and at the rates specified thereinclause 54 of the bill seeks to define continuous service, for the purpose of payment of gratuity to an employee, as a period where an employee has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of the billclause 55 of the bill seeks to provide for nomination by each employee, who has completed one year of service, within such time, in such form and in such manner, as may be provided by rules made by the appropriate governmentclause 56 of the bill provides for determination of amount of gratuity it seeks to provide that the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payableclause 57 of the bill seeks to provide for compulsory insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, in the manner provided by rules made by the central government, for his liability for payment towards the gratuity under chapter v, from any insurance company regulated by the authority as defined under clause (b) of sub-section (1) of section 2 of the insurance regulatory and development authority act, 1999clause 58 of the bill seeks to provide that the appropriate government may, by notification, appoint any officer of that government having the qualifications and experience as may be provided by rules made by that government, to be a competent authority for implementation of any provision of chapter v for such area as may be specified in the notificationclause 59 of the bill seeks to prohibit the employer from employing of a woman, or to prohibit any woman from working, in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy it further seeks to prohibit the employer, on a request being made by the woman in this behalf, to require her to do any work which is of the nature specified therein, during the period of one month immediately preceding the afore mentioned period of six weeks, or during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 62clause 60 of the bill seeks to provide for right to payment of maternity benefit to every woman at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day, if she has actually worked in an establishment of the employer from whom she claims maternity benefit such woman shall be entitled to maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected date of her delivery, subject to a maximum of twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery it further provides that a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks it also provides that in case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agreeclause 61 of the bill seeks to provide for continuance of payment of maternity benefit to every eligible woman under chapter vi, notwithstanding the application of chapter iv to the factory or other establishment in which she is employed, until she becomes qualified to claim maternity benefit under clause 32clause 62 of the bill seeks to provide for giving of notice in writing for claim of maternity benefit and payment thereof by any woman employed in an establishment and entitled to maternity benefit under the provisions of chapter vi, to her employer it further provides that the failure to give notice under the said clause shall not disentitle a woman to maternity benefit or any other amount under the said chapter if she is otherwise entitled to such benefit or amountclause 63 of the bill seeks to provide for payment of maternity benefit in case of death of a woman before receiving such maternity benefit or amount it further provides that the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under clause 62 and in case there is no such nominee, to her legal representativeclause 64 of the bill seeks to provide for payment of medical bonus of three thousand five hundred rupees or such amount as may be notified by central government from her employer, if no pre-natal confinement and post-natal care is provided for by the employer free of chargeclause 65 of the bill seeks to provide for leave with wages at the rate of maternity benefit for miscarriage, medical termination of pregnancy, tubectomy operation, or illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy on production of such proof as may be prescribed by rules made by the central governmentclause 66 of the bill seeks to provide for nursing breaks to every woman delivered of a child who returns to duty after such delivery, in addition to the interval for rest allowed to her in the course of her daily work, two breaks of such duration as may be prescribed by rules by the central government, for nursing the child until the child attains the age of fifteen monthsclause 67 of the bill seeks to provide for creche facility in every establishment where fifty employees or such number of employees as may be prescribed by central government, are employed it further provides that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her it also provides that the employer shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under chapter vi relating to maternity benefitclause 68 of the bill seeks to render unlawful, inter alia, the dismissal of a woman who absents herself from work in accordance with the provisions of this chapter vi, on account of such absence, except where the dismissal is for any gross misconduct as may be prescribed by rules made by the central government it further provides that any woman who is deprived of maternity benefit or medical bonus, or both, or discharged or dismissed, may appeal to the competent authority and the decision of that authority on such appeal, shall be final clause 69 of the bill seeks to prohibit any deduction of wages from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of chapter vi, by reason only of the nature of work assigned to her or breaks for nursing the child allowed to her, under the relevant provisionsclause 70 of the bill seeks to provide for forfeiture of maternity benefit to a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefitclause 71 of the bill requires the employer to exhibit in a conspicuous place an abstract of the provisions of chapter vi and the rules relating thereto, in the language or languages of the locality, in every part of the establishment in which women are employedclause 72 of the bill seeks to make provision for making complaint to the inspectorcum-facilitator where a woman claims that she is entitled for maternity benefit or any other amount under chapter vi and any person claiming that payment due under the said chapter has been improperly withheld, or her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of the said chapter it further provides that the inspector-cum-facilitator may, on receipt of a complaint, make an inquiry or cause an inquiry and pass such orders as he deems just and proper according to the circumstances of the case it also makes provision for appeal to the authority prescribed by rules made by the appropriate government clause 73 of the bill seeks to provide for reports of fatal accidents and serious bodily injuries to competent authority it further requires the employer or any person on his behalf, to give a notice to any authority, of any accident occurring on his premises which results in death or serious bodily injury, and shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury it also provides for the state government to extend by notification, the said requirement to any class of premises and may, by such notification, specify the persons who shall send the report to the competent authority it also makes this clause inapplicable to establishments to which chapter iv, relating to employees' state insurance corporation, appliesclause 74 of the bill seeks to provide for employer's liability for compensation in accordance with the provisions of chapter vii, if personal injury is caused to an employee by accident or an occupational disease listed in the third schedule, arising out of and in the course of his employment it further empowers the central government or the state government, after giving, by notification, not less than three months' notice of its intention so to do, to modify or add any description of employment to the employments specified in the second schedule, and occupational diseases specified in the third schedule it also bars any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any court of law in respect of such accident or disease clause 75 of the bill seeks to provide for payment of compensation by the employer if death of or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamityclause 76 of the bill seeks to provide for the manner of calculation of amount of compensation to be paid in case of death, permanent total disablement, permanent partial disablement or temporary disablement whether total or partial, resulting from the injury it further provides that the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer it also provides that if the injury of the employee results in his death, the employer shall, in addition to the compensation, deposit with the competent authority a sum of not less than fifteen thousand rupees or such amount as may be prescribed by the state government, for payment of the same to the eldest surviving dependant of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependant or was not living with his dependant at the time of his death, to the person who actually incurred such expenditureclause 77 of the bill seeks to provide for compensation to be paid when due and damages for default as soon as it falls due it further provides that in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts it also provides that where any employer is in default in paying the compensation within one month from the date it fell due, the competent authority shall direct that the employer in addition to the amount of the arrears, pay interest at rates specified in the rules made by the central government, on the amount due and if there is no justification for the delay, the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damagesclause 78 of the bill seeks to provide for method of calculating monthly wages for purposes of compensation it further seeks to define the expression "monthly wages" to mean the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates) and calculated in the manner specified thereinclause 79 of the bill seeks to provide for review by the competent authority, of halfmonthly payment payable under chapter vii, either under an agreement between the parties or under the order of a competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitionerclause 80 of the bill seeks to provide for commutation of half-monthly payments, on the application to the competent authority by either party to an agreement, to be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may beclause 81 of the bill seeks to provide for distribution of compensation in respect of an employee whose injury has resulted in death it further provides that no payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation it also provides that in the case of a deceased employee, an employer may make to any dependant, advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the competent authority from such compensation and repaid to the employer it also provides that on the deposit of any money as compensation in respect of a deceased employee, the competent authority shall cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensationclause 82 of the bill seeks to provide for notice of the accident and claim for compensation it further provides that no claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner provided therein as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death it also provides that the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time, if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient causeclause 83 of the bill seeks to provide for special provisions for notice and the claim for compensation relating to accidents occurring outside indian territory in the case of employees who are masters of ships or seamen or captain and other members of crew of aircraft, persons recruited by companies registered in india and working as such abroad, persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employeesclause 84 of the bill seeks to provide for free medical examination of an employee who has given notice of an accident, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner it further provides that any employee who is in receipt of a halfmonthly payment under chapter-vii shall, if so required, submit himself for such examination from time to time it also provides that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by rules made by the state governmentclause 85 of the bill seeks to provide for compensation by the employer in cases where any employer in the course of or for the purposes of his trade or business contracts with a contractor, for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer and that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed it further provides that where the employer is liable to pay such compensation, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compensation and where a contractor who is himself an employer is liable to pay compensation or to indemnify an employer, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authorityclause 86 of the bill seeks to provide for remedies of employer against stranger, where an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid it further provides that the person by whom the compensation was paid and any person who has been called on to pay an indemnity shall be entitled to be indemnified by the person so liable to pay damagesclause 87 of the bill seeks to provide that where any employer has entered into a contract with any insurers in respect of any liability under chapter vii to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer it further provides that if the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation it also provides that the provisions of this clause shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another companyclause 88 of the bill seeks to provide for power of the competent authority to require statements regarding fatal accidents from employers where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment it further provides that the competent authority may send by registered post or where possible, electronically, a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by rules made by the state government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependants of such employee ascertained by the competent authority it also provides that where in the opinion of the competent authority, a dependant of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant, from the panel of advocates maintained by the state governmentclause 89 of the bill seeks to provide for registration of agreements by the competent authority, electronically or otherwise, in such manner as may be prescribed by rules made by the appropriate government, where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability it further provides that an agreement for the payment of compensation which has been so registered shall be enforceable under this bill, notwithstanding anything contained in the indian contract act, 1872, or in any other law for the time being in forceclause 90 of the bill seeks to provide for reference to competent authority, any question arising in any proceedings under chapter vii as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not an employee) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement) it further provides that the question shall, in default of agreement, be settled by a competent authority it also provides that no civil court shall have jurisdiction to settle, decide or deal with any question which is required to be settled, decided or dealt with by a competent authorityclause 91 of the bill seeks to provide that the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by rules made by the appropriate government to be a competent authority for employee's compensationclause 92 of the bill seeks to provide for venue of proceedings and transfer of matters under chapter vii it provides that where any matter under chapter vii is to be done by or before a competent authority, the same shall, subject to the provisions that chapter and in the manner prescribed in this behalf by the state government, be done by or before the competent authority for the area in which the accident took place which resulted in the injury; or the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or the employer has his registered office it further provides that if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, order such matter to be transferred to such other competent authority it also provides that the state government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by itclause 93 of the bill seeks to provide that an application for claim of compensation shall be made to a competent authority electronically or otherwise, in such form and in such manner accompanied by such fee, if any, as may be prescribed by rules made by the central governmentclause 94 of the bill seeks to empower the competent authority to require further deposit from the employer as compensation payable, in respect of an employee whose injury has resulted in death, if in the opinion of the competent authority such sum deposited by an employer as compensation is insufficient it further provides that the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticeclause 95 of the bill seeks to provide that the competent authority shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects it further provides that the competent authority shall be deemed to be a civil court for all the purposes of section 195 and of chapter xxvi of the code of criminal procedure, 1973clause 96 of the bill seeks to provide that any appearance, application or act required to be made or done by any person before or to a competent authority may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector-cum-facilitator or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorisedclause 97 of the bill seeks to provide for the competent authority to make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by rules made by the state government and shall form part of the recordclause 98 of the bill seeks to empower the competent authority to submit any question of law for the decision of the high court and, if he does so, shall decide the question in conformity with such decisionclause 99 of the bill seeks to provide for appeal from the orders of a competent authority on the matters specified in that clause unless otherwise provided therein it further provides that the period of limitation for an appeal shall be sixty days from the date of passing of the order it also provides that the provisions of section 5 of the limitation act, 1963, shall be applicable to the appeal under the said clauseclause 100 of the bill seeks to provide for levy and collection of cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employerclause 101 of the bill seeks to provide that if any employer fails to pay any amount of cess payable for the purposes of social security and welfare of building workers within such time as may be prescribed by the appropriate government, such employer shall be liable to pay interest at such rate as may be prescribed by the central government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paidclause 102 of the bill seeks to exempt any employer or class of employers in a state from the payment of cess payable under chapter viii where such cess is already levied and payable under any corresponding law in force in that stateclause 103 of the bill seeks to provide for self-assessment of cess by the employer by requiring the employer, within sixty days or such period as may be notified by the central government of the completion of his each building and other construction work, to pay such cess on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the central government and after such payment of cess, to file a return clause 104 of the bill seeks to impose penalty on the employer who fails to pay the cess under clause 103 within the date specified in the order of assessment made thereunder it further provides that before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this sectionclause 105 of the bill seeks to provide for appeal by any employer who is aggrieved by an order of assessment made under clause 103 or by an order imposing penalty made under clause 104, within such time as may be prescribed by the central government, to such appellate authority in such form and in such manner as may be prescribed by the central government it further provides that every order passed in appeal under the said clause shall be final and shall not be called in question in any court of lawclause 106 of the bill seeks to provide that every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the building workers' welfare board as a beneficiary under chapter viii, in such manner as may be prescribed by the central governmentclause 107 of the bill seeks to provide that a building worker who has been registered as a beneficiary under clause 106 shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year it further provides that if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the central governmentclause 108 of the bill seeks to provide for constitution of building and other construction workers' welfare fund and there shall be credited thereto, the amount of any cess levied under clause 100; any grants and loans made to the building workers' welfare board by the central government; and all sums received by the building workers' welfare board from such other sources as may be decided by the central government it further provides that the fund shall be applied for meeting expenses of the building workers' welfare board in the discharge of its functions; salaries, allowances and other remuneration of the members, officers and other employees of the building workers' welfare board; and expenses on objects and for purposes authorised by this billclause 109 of the bill seeks to provide for the central government and the state government, respectively, to formulate and notify, from time to time, suitable welfare schemes for unorganised workers the schemes formulated by the central government shall include matters relating to life and disability cover; health and maternity benefits; old age protection; education; and any other benefit as may be determined by the central government the schemes formulated by the state government shall include matters relating to provident fund; employment injury benefit; housing; educational schemes for children; skill upgradation of workers; funeral assistance; and old age homesclause 110 of the bill seeks to provide that any scheme notified by the state government under clause 109 may be wholly funded by the state government; or partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the state government; or funded from any source including corporate social responsibility fund or any other such source as may be specified in the scheme it further provides that the central government may provide such financial assistance to the state governments for the purpose of such schemesclause 111 of the bill seeks to provide that the government formulating and notifying the scheme under chapter ix shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintainedclause 112 of the bill seeks to provide that the appropriate government may set up a toll free call centre or helpline or such facilitation centres for unorganised workers, gig workers and platform workers with a view to disseminate information on available social security schemes, facilitate filing, processing and forwarding of application forms for registration, assist in obtaining registration and to facilitate the enrolment of such workersclause 113 of the bill seeks to provide for the registration of unorganised workers, gig workers and platform workers subject to the fulfilment of the conditions specified therein it further provides that a registered unorganised worker, gig worker or platform worker shall be eligible to avail the benefit of the concerned scheme framed under chapter ix it also provides that the central government, or as the case may be, the state government shall make such contribution in a scheme as may be specified thereinclause 114 of the bill seeks to provide for framing of schemes for gig workers and platform workers by the central government on matters relating to life and disability cover; accident insurance; health and maternity benefits; old age protection; crèche; and any other benefit as may be determined by the central government it further provides that the scheme may be wholly funded by the central government; or partly funded by the central government and partly funded by the state government; or wholly funded by the contributions of the aggregators; or partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the aggregators, as may be specified in the scheme; or funded from corporate social responsibility fund within the meaning of companies act, 2013; or any other source it also provides that the national social security board shall be the board for the purposes of the welfare of gig workers and platform workers and while such board serves the purposes of welfare of, or matters relating to, gig workers and platform workers, the members constituting the board shall comprise of the persons specified in the said clauseclause 115 of the bill seeks to provide for maintenance of proper accounts of income and expenditure of each of the social security organisations in a manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specifyclause 116 of the bill seeks to provide that the accounts of each of the social security organisations shall be audited annually by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the respective social security organisation to the comptroller and auditor-general of indiaclause 117 of the bill seeks to provide that each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before such date as may be fixed by it in that behalfclause 118 of the bill seeks to provide that each of the social security organisations shall submit to the appropriate government an annual report of its work and activities and the budget finally adopted by the social security organisation it further provides that the appropriate government shall cause a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor- general of india and the comments of the respective social security organisation thereon to be laid before each house of parliament or the state legislature, as the case may beclause 119 of the bill seeks to provide that each of the fund maintained by a social security organisation or by an establishment under the bill shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate government, by such social security organisation or the establishment, as the case may be, in case of central board, annually; in case of corporation, once in every three years; in case of any other social security organisation or establishment, as specified by the appropriate government, by order it further provides that the appropriate government, if it considers necessary, may direct such valuation to be made at such intervalsclause 120 of the bill seeks to provide that a social security organisations may, subject to such conditions as may be prescribed by the appropriate government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said social security organisation is established it further provides that each of the social security organisations except corporation, may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fit and in case of officers and staff of the central board, such terms shall be specified in the provident fund schemeclause 121 of the bill seeks to empower the social security organisation, subject to the conditions as may be prescribed by the appropriate government, to sanction the writing off of the losses where such social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under the bill, is irrecoverable it further provides that in the case of provident fund, pension fund or insurance fund, such writing off shall be specified in the provident fund scheme or pension scheme or insurance scheme, as the case may beclause 122 of the bill seeks to provide for appointment of inspector-cum-facilitators by the central government, for the purposes of chapter iii and chapter iv and for the provisions of the bill relating to those chapters, and by the appropriate government, for the purposes of other provisions of the bill it further empowers the central government and the state government, respectively in respect of the said provisions, to lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under the bill electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person it also provides that the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to the search or seizure by the inspector-cum-facilitator under sub-clause (6), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said codeclause 123 of the bill seeks to provide that an employer of an establishment shall maintain records and registers in the form prescribed by rules made by the appropriate government, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by rules made by that government including matters specified therein it further requires the employer to file such return electronically or otherwise to such officer or authority in such manner and during such periods as may be prescribed by rules made by the appropriate government it also provides that matters to be provided under the rules relating to chapter iii shall, instead of providing for them in rules to be made by the central government, be provided in the provident fund scheme or the pension scheme or the insurance scheme, as the case may be it also provides that the forms of records and registers and that of the returns to be filed under chapter iv shall be specified in the regulations instead of providing for them in the rulesclause 124 of the bill seeks to prohibit the employer from reducing whether directly or indirectly, the wages of any employee or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or implied, in relation to an establishment to which the bill or any scheme framed thereunder applies, by reason only of his liability for the payment of any contribution under the bill, or any charges thereunderclause 125 of the bill seeks to empower the central government, by notification, to authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group 'a' officer of that government, to function as the authorised officers for the purposes of chapter iii or chapter iv, as the case may be, who may, by order, assess and determine dues from employer in the manner specified therein it further provides that an authorised officer conducting the inquiry shall, for the purposes of such inquiry, have the same powers as are vested in a court under the code of civil procedure, 1908, for trying a suit in respect of the matters specified in the said clauseclause 126 of the bill seeks to provide for appeal by an employer from the orders of the authorised officer under clause 125, if the order relates to chapter iv it further provides that the appellate authority shall not be an authority below the rank of the joint director of the corporation as may be provided by regulations it also provides that such appeal may be preferred within sixty days from the date of such order after depositing twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the corporation and the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal it also provides that if the employer finally succeeds in the appeal, the corporation shall refund such deposit to the employer together with such interest as may be specified in the regulationsclause 127 of the bill seeks to provide that the employer shall be liable to pay simple interest at such rate as may be notified by the central government, from the date on which any amount has become due under the bill till the date of its actual paymentclause 128 of the bill seeks to empower the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, to recover damages from the employer where an employer makes default in the payment of any contribution which he is liable to pay in accordance with the provisions of chapter iii or chapter iv, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under chapter iii, or in the payment of any charges payable under any other provision of the bill it further provides that such damages shall be an amount not exceeding the amount of arrears, in such manner as may be specified in the regulations for the purposes of chapter iv and in respect of provident fund scheme, pension scheme and insurance scheme, such levy and recovery shall be in the manner as may be specified in the respective schemes framed by the central government it also provides that the central board or the corporation as the case may be, may reduce or waive the damages levied under the said clause in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the insolvency and bankruptcy code, 2016 subject to the terms and conditions as may be specified by notification, by the central governmentclause 129 of the bill seeks to provide for recovery of amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount which is in arrear it further provides that the authorised officer, or the competent authority, as the case may be, shall issue to the recovery officer a certificate electronically or otherwise, specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes specified in the said clauseclause 130 of the bill seeks to provide that when the authorised officer or the competent authority, as the case may be, issues a certificate to a recovery officer under clause 129, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officer it further provides that where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under the bill, the authorised officer or the competent authority, as the case may be, shall, when the order being the subject matter of such appeal or other proceeding becomes final and conclusive, amend the certificate or withdraw it, as the case may be, in consonance with such finality or conclusionclause 131 of the bill seeks to provide for other modes of recovery of the amount referred to in clause 129 by empowering the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf, to recover the amount by any one or more of the modes provided in the said clause, including, requiring the person from whom the amount is due to any employer who is in arrears, to deduct from such person the said arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf:clause 132 of the bill seeks to provide that the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962, shall apply with necessary modifications as if the said provisions and the rules referred to the amount in arrears of the amount mentioned in clause 129 of the bill, instead of to the income taxclause 133 of the bill seeks to provide penalty for failure to pay contribution, etc, as specified in the clause, in consonance with the gravity of the offencesclause 134 of the bill seeks to provide for enhanced punishment for commission of the second, or every subsequent such offenceclause 135 of the bill seeks to provide that where an offence under chapter xii has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyclause 136 of the bill seeks to provide that no court shall take cognizance of an offence punishable under the bill, except on a complaint made by an aggrieved person or such officer as may be notified by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under the bill relating to those chapters, and for the purposes of offences relating to other provisions of the bill and the rules, regulations or schemes made or framed thereunder, by the officer notified by the appropriate governmentclause 137 of the bill seeks to provide for prior opportunity before initiation of prosecution proceeding against an employer for any offence under chapter xii, to comply with the relevant provisions by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, then, no such proceeding shall be initiated against the employer it further provides that no such opportunity shall be accorded to an employer, if the violation of the same nature of such provisions is repeated within a period of three years from the date on which such first violation was committedclause 138 of the bill seeks to provide for compounding of offences specified under the said clause in the manner and subject to the conditions specified thereinclause 139 of the bill seeks to empower the appropriate government, by notification, to require the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, to report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisitionclause 140 of the bill seeks to make the provisions of chapter xiii inapplicable in respect of vacancies relating to any employment or establishment specified therein it further makes the provisions of the said chapter inapplicable to vacancies which are proposed to be filled through independent recruitment agencies such as union public service commission, staff selection commission or a state public service commission or any other agencies as may be notified by the central government; or to vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate governmentclause 141 of the bill seeks to provide that the central government shall establish a social security fund for social security and welfare of the unorganised workers, gig workers and platform workers and the sources of the fund shall comprise of funding received under sub-clause (3) of clause 109, under sub-clause (3) of clause 114; and from the composition of the offences under the bill relating to central government and from any other social security fund established under any other central labour law it further provides that the state government shall establish a social security fund for the welfare of the unorganised workers in which there shall be credited the amount received from the composition of offences under the bill relating to the state government; and such other sources as may be prescribed by the state governmentclause 142 of the bill seeks to require an employee or unorganised worker or any other person, to establish his identity or, as the case may be, the identity of his family members or dependants through aadhaar number, for the purposes of registration as member or beneficiary; or seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund; or availing services of career centre; or receiving any payment or medical attendance as insured person himself or for his dependants, under the bill or rules, regulations or schemes made or framed there under it further provides that any foreigner employee shall obtain and submit aadhaar number for establishing his identity, as soon as possible, on becoming resident within the meaning of clause (v) of section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016clause 143 of the bill seeks to empower the appropriate government, by notification, and subject to the certain conditions as may be prescribed by the central government in this behalf, to grant exemption to an establishment or class of establishments or employees or class of employees, from any or all of the provisions of the bill or the scheme framed thereunder as may be specified in the notification and may renew for further period such exemption by like notification it further provides that for the purpose of grant of exemption in respect of provident fund scheme, pension scheme and insurance scheme, the terms and conditions of exemption shall be specified in such respective schemes it also provides that the exemption shall only be granted if the employees in the establishment or class of establishments or an employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of the bill or the scheme framed there under it also gives an option to an employer of an establishment so exempted, to surrender the exemption so granted in the manner specified in the said clause and on such cancellation, the employer and the board of trustees shall transfer accumulation of each employee and surplus and reserves from the fund, to the concerned statutory funds within such time and in such manner as may be notified by the appropriate government it also provides that in respect of any surrender of exemption from the provident fund scheme, pension scheme and the insurance scheme, the time limit, form and manner of transfer of accumulation of exempted employees and surplus and reserves from the fund, to the concerned statutory funds shall be such as may be specified in the concerned schemes framed under chapter iiiclause 144 of the bill seeks empower the central government, by order, to defer or reduce employer's contribution, or employee's contribution, or both, payable under chapter iii or chapter iv, as the case may be, for a period up to three months at a time, in respect of establishment to which chapter iii or chapter iv, as the case may be, applies, for whole of india or part thereof in the event of pandemic, endemic or national disasterclause 145 of the bill seeks to provide that where an employer transfers his establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under the bill in respect of the periods up to the date of such transfer it further provides that the liability of the transferee shall be limited to the value of the assets obtained by him by such transferclause 146 of the bill seeks to provide that every member of a social security organisation and the officers and staff thereof, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under the bill, shall be deemed to be a public servant within the meaning of section 21 of the indian penal codeclause 147 of the bill seeks to provide for protection of a person or authority specified therein, from any suit, prosecution or other legal proceeding, if action is taken in good faith in pursuance of the proposed billclause 148 of the bill seeks to provide that if the appropriate government is satisfied that any establishment or any other person has misused any benefit provided to him under the bill or rules, regulations or schemes made or framed thereunder, then, such government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification it further prohibits the appropriate government to pass such order unless an opportunity of being heard is given to such establishment or other person, as the case may be it also provides that the manner to ascertain misuse of any such benefit relating to chapter iii, shall be specified in the provident fund scheme or the pension scheme or the insurance scheme, as the case may beclause 149 of the bill seeks to empower the central government to give directions to any state government or a state board to execute in that state, of any of the provisions of the bill; or to any of the social security organisations in respect of the matters relating to the implementation of the provisions of the billclause 150 of the bill seeks to empower the appropriate government, subject to the condition of previous publication, to frame schemes not inconsistent with the bill, for the purposes of giving effect to the provisions thereofclause 151 of the bill seeks to provide that the amount standing to be credited in favour of the employee under chapters iii, iv, v, vi or vii or, of any member of any fund, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be it further provides that such amount shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 2016clause 152 of the bill seeks to empower the central government, on being satisfied, by notification, to amend the first schedule, fourth schedule, fifth schedule, sixth schedule and seventh schedule and the appropriate government, on being satisfied, by notification, to amend the second schedule and third schedule, respectively, by way of addition or deletion therein and upon such addition or deletion, the schedules shall stand to have been amended accordinglyclause 153 of the bill seeks to provide that organisations constituted or established under the enactments repealed under clause 164 shall, after the commencement of the bill, continue to exercise the powers and discharge the functions of the corresponding organisations under the bill, as if such organisations constituted or, as the case may be, established under such repealed enactments, had been constituted under the respective provisions of the bill, till such corresponding organisations are constituted under the bill or till their respective time period under the repealed enactments expire, whichever is earlierclause 153 of the bill seeks to provide for power of central government to make rulesthe appropriate government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 154 of the bill seeks to empower the appropriate government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified thereinclause 155 of the bill seeks to empower the central government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified thereinclause 156 of the bill seeks to empower the state government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified thereinclause 157 of the bill seeks empower the corporation by notification, and subject to the condition of previous publication, to make regulations, not inconsistent with the bill and the rules and schemes made or framed there under, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter iv and the provisions of the bill relating to that chapter, in respect of the matters specified thereinclause 158 of the bill seeks to provide that the power to make rules, regulations and schemes under the bill (except the schemes to be framed under chapter iii), shall be subject to the condition of the previous publication, in the manner specified therein the purpose of such publication is to obtain the objections and suggestions of the persons affected and to consider those objections and suggestions before the rules, regulations are finalisedclause 159 of the bill seeks to empower the central government, by notification, to make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any state of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any stateclause 160 of the bill seeks to provide for laying of rules, regulations, notifications and schemes made or framed by the central government or the corporation, as the case may be, under the bill, as soon as may be after it is made or framed, before each house of parliament it further provides that the rules and schemes made or framed, and notifications issued by, the state government under the bill, shall be laid as soon as may be after it is made or framed, before the state legislatures, where it consists of two houses, or where such legislature consists of one house, before that houseclause 161 of the bill seeks to provide that the provisions of the bill shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of the bill it further provides that nothing contained in the bill shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under the billclause 162 of the bill seeks to empower the appropriate government, by notification, to direct that all or any of the powers and functions which may be exercised or performed by that government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the central board, the corporation, the national social security board, the state unorganised workers board, building workers' welfare board or any officer or authority subordinate to the central board, the corporation, the national social security board, the state unorganised workers board, building workers' welfare boardclause 163 of the bill seeks to empower the central government, by order, published in the official gazette, to make such provisions, not inconsistent with the provisions of the bill, as may be necessary or expedient for removing the difficulty it further provides that no such order shall be made under the said clause after the expiry of a period of two years from the commencement of the billclause 164 of the bill seeks to provide for repeal of certain enactments specified in the clause it further provides for saving of certain actions under the repealed enactments it also provides that the employees' provident funds scheme, 1952, the employees' deposit linked insurance scheme, 1976, the employees' pension scheme, 1995 and the employees' provident funds (appellate tribunal procedure) rules, 1997 framed or made under the employees' provident funds and miscellaneous provisions act, 1952 and the rules, regulations and schemes made or framed under the employees' state insurance act, 1948, shall remain in force, to the extent they are not inconsistent with the provisions of the bill, for a period of one year from the date of commencement of the bill it also provides that any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it is ceased to be in operation under the provisions of the bill or any direction made thereunder for such purpose financial memorandumclause 13 of the bill provides for entrustment of additional functions to social security organisations it further provides for appointment or engagement of new officers, if necessary and the expenditure incurred in discharging the additional functions including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the central government2 clause 109 and clause 114 of the bill provides that the scheme notified by the central government under the said clauses may be wholly funded or partly funded by the central government hence, the financial implications may arise in future while formulating and implementing the aforesaid schemes3 at present, it is not possible to estimate such recurring and non recurring expenditures for the purposes specified in the preceding paragraphs4 the other expenditures that would be involved, if the bill is enacted and brought into operation, are the existing expenditure and no additional expenditure shall be required for such purpose memorandum regarding delegated legislationsub-clause (1) of clause 155 empowers the central government, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made these matters include (a) the manner, and the conditions subject to which, the provisions of chapter iiishall be made inapplicable to an establishment by the central provident fund commissioner, under sub-clause (5), the manner, and the conditions subject to which the provisions of that chapter iv shall be made inapplicable to an establishment by the director general of the corporation under sub-clause (7), of clause 1; (b) manner of establishment and maintenance of career centre and the career services, the income of dependent parents and other authority who shall be deemed to be the occupier, under clause 2; (c) the time and manner of registration of establishment under sub-clause (1) and the manner of making application for cancellation of the registration, the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto under sub-clause (3), of clause 3; (d) the manner of administration of the funds vested in the central board under sub-clause (1), the manner to assist the central board in performance of its functions by executive committee under sub-clause (3), the terms and conditions, including tenure of office of members of the central board and executive committee under sub-clause (6) and the other functions and the manner of performing such functions under sub-clause (7), of clause 4;(e) the manner of administration of the corporation and the manner of representation of states under sub-clause (1) (d), the manner of constitution of standing committee under sub-clause (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of functions by the standing committee under sub-clause (4) (a), the duties and powers of medical benefit committee under sub-clause (5) (b) and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-clause (7), of clause 5;( f ) the manner of exercising the powers and performance of the functions by the national social security board under sub-clause (1), the manner of nomination of members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-clause (4) and time, place and rules of procedure relating to the transaction of business under sub-clause (6), of clause 6; (g) other welfare measures and facilities under sub-clause (6) ( j) of clause 7; (h) the intervals at which social security organisation or any committee thereof shall meet and the procedure in regard to the transaction of business at meetings under sub-clause (1), and the fee and allowances of members of such social security organisation or committee under subclause (4), of clause 9; (i) manner of reconstitution of the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any of the committees under sub-clause (1) and the alternate arrangements for the purpose of administration of the relevant provisions of the bill under sub-clause (2), of clause 11; ( j) manner of maintenance of a provident fund account in relation to the establishment under sub-clause (1) of clause 21; (k) the form, manner, time-limits and fees for filing of appeal under sub-clause (2) of clause 23; (l) salary and allowances of the director general or the financial commissioner under sub-clause (3), their powers and duties under sub-clause (4) and maximum monthly salary limit under the proviso to sub-clause (7), of clause 24; (m) the manner of investment of employees' state insurance fund or any other money which is held by corporation under sub-clause (4) of clause 25; (n)limits for defraying of expenditure under clause 26 (k); (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys by the corporation under sub-clause (2) and the terms to raise loans and taking measures for discharging such loans under sub-clause (3), of clause 27; (p) manner of insurance of employees under sub-clause (1) of clause 28; (q) the rate of contributions under sub-clause (2) of clause 29; (r) the type of administrative expenses and percentage of income which may be spent on expenses and the limits for such expenses under clause 30; (s) the limit for the amount of payment under the proviso to sub-clause (1)(f), and the qualifications to claim benefits, conditions, rate and period thereof under sub-clause (3), of clause 32; (t) the limits within which the corporation may incur expenditure from the employees' state insurance fund under clause 33; (u) the manner and time within which the insured person or the corporation may file appeal under sub-clause (7)(a) of clause 37; (v) the rates, periods and conditions for payment of dependants' benefit under sub-clause (1)and to other dependants under sub-clause (2), of clause 38; (w) the qualification and conditions subject to which an insured person and his family may claim medical benefit, the scale and period thereof, and other conditions subject to which an insured person may continue to receive such benefit under sub-clause (3) of clause 39; (x) the structure, functions, powers and activities of the organisation for providing certain benefits to employees in case of sickness, maternity and employment injury, under sub-clause (6) of clause 40; (y) extended period for insurance, the manner of satisfaction and the manner of calculation of capitalised value of benefit payable to the employee under sub-clause (1) of clause 42; (z) terms and conditions subject to which the scheme may be operated under clause 44; (za) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-clause (1), conditions to exempt and manner of establishing an approved gratuity fund under sub-clause (2) and the time limit to get establishment registered by the employer under sub-clause (3), of clause 57; (zb) the form of notice under sub-clause (1) and the proof of pregnancy and proof of delivery under sub-clause (5), of clause 62; (zc) the proof of miscarriage or medical termination of pregnancy under sub-clause (1), the proof of tubectomy operation under sub-clause (2) and the proof of illness under sub-clause (3), of clause 65; (zd) the duration of breaks under clause 66; (ze) the number of employees and distance for crèche facility under sub-clause (1) of clause 67; (zf ) gross misconduct under the second proviso to sub-clause (1) of clause 68; (zg) rate of interest to be paid by the employer under sub-clause (3)(a) of clause 77; (zh) the manner of notice under sub-clause (1) and the manner of transmitting money under sub-clause (3), of clause 92; (zi) the form, manner and fee for application for claim or settlement under sub-clause (3) of clause 93; (zj) the manner and time of collection of cess under sub-clause (2), manner of deposit of the cess so collected under sub-clause (3) and the uniform rate or rates of advance cess under sub-clause (4), of clause 100;(zk) the rate of interest in case of delayed payment of cess under clause 101; (zl) the manner of self-assessment of cess under sub-clause (1) of clause 103; (zm) the authority to inquire and impose penalty under clause 104; (zn) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-clause (1) of clause 105; (zo) manner of registration as beneficiary under clause 106; (zp) benefits of a beneficiary under sub-clause (2) of clause 107;(zq) eligible age for registration and form and manner of information under sub-clause (1) (a)and (b), and the form of application and documents for registration and the manner of self registration sub-clause (2), of clause 113; (zr) carrying out the matters specified in sub-clause (7)(i) of clause 114; (zs) manner of compounding of offences under sub-clause(1) of clause 138; (zt) the manner of establishment and administration of the social security fund under sub-clause (4) of clause 141; (zu) eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption under sub-clause (1); and extension period of exemption under sub-clause (3), of clause 143; and (zv) any other matter which is required to be, or may be, central government under the provisions of the bill2 sub-clause (1) of clause 156 empowers the state government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislations sub-clause (2) specifies the matters in respect of which rules may be made these matters include (a) the manner of exercising the powers and performance of functions by state unorganised workers' board under sub-clause (9), the manner of nomination of members of the board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the board under sub-clause (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-clause (14), of clause 6; (b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board and the manner of filling of casual vacancies of such members, under sub-clause (4), the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the said board under sub-clause (5) (c), of clause 7;(c) procedure to be followed by the employees' insurance court under sub-clause (2) and the rules under sub-clause (3) of clause 50; (d) the amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub-clause (7) of clause 76; (e) conditions when application for review is made without certificate of a medical practitioner under sub-clause (1) of clause 79; (f) the frequent interval for medical examination under the proviso to sub-clause (1) of clause 84; (g) the form of statement to be submitted by the employer under sub-clause (1) of clause 88; (h) manner in which matters may be dealt with by or before a competent authority under sub-clause (1) of clause 92; (i) time-limit for disposal of application and costs incidental to the proceedings under sub-clause (4) of clause 93; ( j) the manner of authentication of memorandum under clause 97; (k) such other sources of funding and the manner of administering and expending of the fund under sub-clause (5) of clause 141; and (l) any other matter which is required to be, or may be, prescribed by the state government under the provisions of the bill3 sub-clause (1) of clause 154 empowers the appropriate government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters include (a) the amount in connection with premium for group insurance scheme of the beneficiaries, the educational schemes for the benefit of children of the beneficiaries and the medical expenses for treatment of major ailments of a beneficiary or, such dependant, under sub-clause (6) (c), (d) and (e ) of clause 7;(b) manner and time within which second appeal may be filed to the employees' insurance court by the insured person or the corporation under sub-clause (7) (b) of clause 37; (c) the manner of commencement of proceedings before the employees insurance court and fees and procedure thereof under sub-clause (1) of clause 51; (d) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the third proviso to subclause (1) of clause 53; (e) the time, form and manner of nomination by an employee under sub-clause (1), the time to make fresh nomination under sub-clause (4), the form and manner of modification of a nomination under sub-clause (5) and the form for fresh nomination under sub-clause (6), of clause 55; (f) time within which and the form in which a written application shall be made under sub-clause (1) and the form of application to the competent authority under sub-clause (5) (b), of clause 56; (g) the manner of registration of an establishment by the employer under sub-clause (3) the manner of composition of the board of trustees of the approved gratuity fund and the manner in which the competent authority may recover the amount of the gratuity payable to an employee from the insurer under sub-clause (4), of clause 57; (h) the qualifications and experience of the officer appointed as the competent authority under sub-clause (1) of clause 58; (i) authority to whom an appeal may be preferred under sub-clause (3) of clause 72; ( j) class of employers and the form of notice-book under sub-clause (4) of clause 82; (k) the manner of recording the memorandum in a register by the competent authority under sub-clause (1) of clause 89; (l) such other experience and qualifications for appointment as a competent authority under sub-clause (1) of clause 91; (m) time limit to pay the amount of cess under clause 101; (n) fees for appeal under subclause (2) of clause 105; (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys, reinvest or realise investments under sub-clause (2), terms to raise loans and take measures for discharging such loans under sub-clause (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-clause (4), of clause 120; (p) conditions and manner of writing off irrecoverable dues under clause 121;(q) other powers of inspector-cum-facilitator under sub-clause (6) (e) of clause 122; (r) form and manner for maintenance of records and registers and other particulars and details, manner and form for display of notices at the work places of the employees and the manner and period of filing returns to the officers or authority under clause 123 (a), (b) and (d); (s) the form and manner of application for compounding of an offence under sub-clause (4) of clause 138; (t) the manner and form for reporting vacancies and form for filing the return by the employer, to the concerned career centre under sub-clause (2) of clause 139; (u) the time within which the central board or the corporation, as the case may be, shall forward its view to the appropriate government under sub-clause (1), conditions which the exempted establishment or the class of establishment or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-clause (2) and conditions for management of the trust under sub-clause (5) of clause 143; (v) manner of determining the misuse of any benefit by an establishment or by any other person under clause 148: and (w)any other matter which is required to be, or may be, prescribed by the appropriate government under the provisions of the bill4 sub-clause (1) of clause 157 empowers the corporation, subject to the condition of previous publication to make regulations for carrying into effect the provisions of chapter vi and the provisions of the bill relating to that chapter sub-clause (2) specifies the matters in respect of which such regulations may be made these matters include (a) the cases and matters to be submitted for the decision of the corporation under sub-clause (4) (b) and the composition of committees under sub-clause (6), of clause 5; (b) the areas in respect of which the corporation may appoint regional boards and local committees and the manner in which such boards and committees shall perform the functions and exercise the powers under sub-clause (2) of clause 12; (c) such other functions of the director general and the financial commissioner under sub-clause (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under of sub-clause (8) (a) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-clause (9), of clause 24; (d) the unit in respect of which all contribution shall be payable under sub-clause (3), and the days on which the contributions shall fall due under sub-clause (4), of clause 29; (e) maintenance of register of employees by or through the contractor under sub-clause (7), and any matter relating or incidental to the payment and collection of contribution under sub-clause (9), of clause 31; (f) qualifications and experience of other person to certify sickness, authority to certify eligibility of a woman and authority to certify eligibility for payment under sub-clause (1) (a), (b) and (c), the conditions for extension of medical benefits under sub-clause (2) and any matter relating or incidental to the accrual and payment of benefits under sub-clause (4), of clause 32; (g) continuous period in which the employee contracts occupational disease under subclause (1) of clause 36; (h) constitution of medical board under sub-clause (1) and constitution of medical appeal tribunal under sub-clause (5), of clause 37; (i) the period and the nature of medical benefit which may be allowed to a person, conditions for voluntary retirement scheme, payment of contribution and other conditions for eligibility to receive medical benefits and the conditions for grant of medical benefits to the insured person during employment injury under sub-clause (3), the time for which students of medical education institutions shall serve the corporation and the manner in which the bond shall be furnished under sub-clause (4) (b) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of insured persons under sub-clause (6), of clause 39; ( j) other authority for providing permission to leave the area in which medical treatment provided under sub-clause (3) (c), form of nomination under sub-clause (6) and the authority to determine benefits under sub-clause (9), of clause 41; (k) user charges to be paid by other beneficiaries for medical facilities under the explanation to clause 44; (l) time within which the claims, recovery or contribution, from employer by the corporation and recovery of contribution by the employer from the contractor, shall be made under sub-clause (1) of clause 51; (m) the forms of records and registers and of returns to be filed under clause 123 (d); (n) the appellate authority not below the rank of the joint director of the corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the corporation under clause 126; (o) manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under clause 128; (p) the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and (q) any matter in respect of which regulations are required or permitted to be made by the bill5 the matters in respect of which rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected therewith or incidental thereto————[shri santosh kumar gangwar, minister of state labour and employment (independent charge)]mgipmrnd—497ls(s3)—15-09-2020 | Parliament_bills | bc42da1c-4ee8-53a5-b833-d63497b994b3 |
bill no xxviii of 2017 the heritage cities and sites (conservation and development) bill, 2017 a billto provide for the conservation and development of heritage cities and sites by way of retaining their historical identification and promoting international and domestic tourism and publishing their historical importance through booklets, pamphlets and such other material and for declaring heritage cities as smart cities for overall development and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the heritage cities and sites (conservation and development) act, 2017short 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 a state the government of that state and in other cases the central government;5(b) "fund" means the national heritage cities and sites development fund established under section 4;(c) "heritage city or heritage site" means a city or site, as the case may be, having historical importance which has been declared as such either by united nations organisation or any other international organization or as the central government may, by notification in the official gazette, declare to be heritage;10(d) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, after inviting suggestions from the governments of the states and administrations of the union territories, by notification in the official gazette declare new heritage cities and sites in the countrycentralgovernment to declare new heritage cities and sites15(2) every city declared as heritage city under sub-section (1) shall also be declared as a smart city under the policy of the central government4 (1) the central government shall, within a period of six months from the date of commencement of this act, constitute a fund to be known as the national heritage cities and sites development fund with initial corpus of rupees fifty thousand crore to be provided by the central government20(2) the fund shall be utilised in such manner as may be prescribed for,—constitution of national heritage cities and sites development fund(a) development of heritage cities and sites;25(b) creating infrastructure such as hospitality establishments and services, public utilities, water facility, and such other facilities as the appropriate government may deem necessary for the promotion and development of tourism including publicity through booklets, pamphlets, print and electronic media and through the indian embassies and high commissions abroad to attract foreign and domestic tourists in large numbers to such heritage cities and sites; and30(c) providing necessary transport facilities including air services, rail connectivity, metro rail projects, public transport system, and such other means to reach and see the heritage cities and sites5 notwithstanding anything contained in any other law or policy of the central government for the time being in force every heritage city covered under this act shall be developed as smart city by the central governmentheritage cities to be developed as smart cities356 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds from time to time, for carrying out the purposes of this actcentral government to provide requsite funds7 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in force dealing with the subject matter of this actact to supplement other laws power to make rules408 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsour nation, one of the oldest civilizations, is an ancient country with rich cultural traditions in which many cities and sites were tastefully created and developed by the then rulers which today have great heritage value one such heritage city is aurangabad in the state of maharashtra which is the gateway to world heritage site of ajanta and ellora caves this ancient city named after moghul emperor aurangzeb has witnessed the proud history of moghul dynasty apart from ajanta and ellora caves this city is famous for duplicate taj mahal known as biwi ka makbara, grihaneshwar temple, daulatabad fort, salim ali lake and bird sanctuary and 52 gates where every gate has its own history and named after someone important in history being a moghul era city there are many dargahs and mosques in this ancient citythere are many other historical cities and sites of heritage value many of them have been declared as historical sites and remains under an act of parliament some sites have also been declared as world heritage sites by unesco but, unfortunately, most of them are in dilapidated condition, completely neglected and are in need of refurbishmentin fact these heritage cities and sites having historical value can be converted into hubs of tourism and in turn will create employment opportunities and generate revenue for the exchequer apart from preserving our historyhence this billrajkumar dhoot financial memorandumclause 4 of the bill provides for the constitution of national heritage cities and sites development fund with an initial corpus of rupees fifty thousand crore to be provided by the central government clause 6 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill, if enacted will involve expenditure from the consolidated fund of india apart from initial corpus of rupees fifty thousand crore it is estimated that a sum of rupees sixty thousand crore may involve as recurring expenditure per annum non recurring expenditure to the tune of rupees ten thousand crore may also involve memorandum regarding delegated legislationclause 8 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 rajya sabha———— a billto provide for the conservation and development of heritage cities and sites by way ofretaining their historical identification and promoting international and domestic tourism and publishing their historical importance through booklets, pamphlets and such other material and for declaring heritage cities as smart cities for overall development and for matters connected therewith and incidental thereto————(shri rajkumar dhoot, mp)mgipmrnd—3960rs(s3)—02022018 | Parliament_bills | c025604c-03cb-5073-91a1-775bafee2411 |
as introduced in the rajya sabhaon 6th december, 2019 bill no viii of 2018 the constitution (amendment) bill, 2018 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—substitution of article 48a2 for article 48a of the constitution, the following article shall be substituted, namely:—5"48a (1) the state shall endeavour to protect and improve the environment so as to ensure a pollution-free environment for its citizens and to safeguard the forests and wild life of the country(2) the state shall strive hard to ensure that thirty-five per cent of the total geographical area of the country be covered under forest or trees"protection and improvement of environment and safeguarding forests and wild lifeamendment of article 51a3 in article 51a of the constitution, for clause (g), the following clause shall be substituted, namely:—10"(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures and to actively participate in the state's endeavour to promote the forest cover of the country to thirty-five per cent of the total geographical area" statement of objects and reasonsforest is a biological entity in the fascinating web of nature and always in a state of dynamic equilibrium forestry sector is an important ingredient in the economic and social fabrics of a country the role of forests is significant in maintaining ecological balance they provide for the continuity of the world's biodiversity which is necessary for economic development, human livelihood, medical discoveries, and to provide environment adaptive responses forests are also important because they stabilize climate, prevent soil erosion, watershed protection and provides habitat to thousands of life formsindia accounts for about 24 per cent of the total geographical area of the world and is also home to 17 per cent of the world population india is one of the richest countries in the world in terms of biodiversity making it one of the megadiverse countries accounting for nearly 8 per cent of the species of the world it is estimated that nearly 1/3rd of indian plants are endemic, being found nowhere else in the worldthe national forest policy, 1988 embodies the principles of sustainable forest management and mandated an increase in the forest or tree cover in the country to 33 per cent of the land area however, according to the india state of forest report (isfr) 2015, the total forest and tree cover is 7942 million hectare, which is only 2416 of the total geographical area of the country the over-exploitation of forest products to meet the various demands, including unrecorded removal, overgrazing and encroachments have led to poor productivity and degradation of foreststhe bill proposes to conserve the natural heritage of the country by preserving the remaining natural forests and at the same time also promote the increase in the forest cover with the vast variety of flora and fauna by ensuring that the state with active participation of the citizens will be able to preserve and promote the remarkable biological diversity and genetic resources of the countryhence this billdr t subbarami reddy annexure extract from the constitution of india 48a the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country protection and improvement environment and safeguards of forests and wild life51a it shall be the duty of every citizen of india—fundamental duties (g) to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures; rajya sabha————— a billfurther to amend the constitution of india—————(dr t subbarami reddy, mp)mgipmrnd—4314rs(s3)—11-12-2019 | Parliament_bills | 941e3bfa-fa05-5ea9-bb78-4337d107615d |
bill no 102 of 2009 the national rural employment guarantee (amendment) bill, 2009 a billto amend the national rural employment guarantee act, 2005be it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 (1) this act may be called the national rural employment guarantee(amendment) act, 2009short title and commencement(2) it shall be deemed to have come into force on the 2nd day of october, 2009 statement of objects and reasonsthe national rural employment guarantee act, 2005 provides for enhancement of livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work the act has been notified in all the rural areas in the country by providing employment to those who seek it, this act has emerged as one of the largest social safety net providing employment to 451 crore rural households in 2008-09 and providing employment to more than 3 crore households in the current financial year2 the act has thus opened up opportunities to the rural households to obtain local employment, enhance their wage earning and through their labour to create rural assets which contribute to development of the rural economy the association of the name of mahatma gandhi with national rural employment guarantee act, 2005 will reinforce the act's thrust towards equity and inclusiveness, specially of the deprived groups and socio-economically marginalised communities the provisions of the act of public accountability, through social audit and right to information will get central focus with the association of mahatma gandhi's name, reflecting his ideals of the sovereignty of the public in a democracy the act is premised on rural households volunteering to do unskilled manual labour and the association of mahatma gandhi's name with it underscores the dignity of labour it is, therefore, considered befitting that the said act bears the name of the father of the nation ''mahatma gandhi'' as it is a concrete expression of his development vision accordingly, the title of the said act is proposed to be amended as the mahatma gandhi national rural employment guarantee act3 the bill seeks to achieve the above objectivenew delhi;cp joshithe 18th november, 2009 annexureextract from the national rural employment guarantee act, 2005(42 of 2005) chapter i preliminary1 (1) this act may be called the national rural employment guarantee act, 2005 short title, extent and commencement———— a billto amend the national rural employment guarantee act, 2005————(dr cp joshi, minister of rural development)gmgipmrnd—4620ls(s5)—20-11-2009 | Parliament_bills | 6aa0d401-7590-56e9-a5a9-218c7774287a |
bill no 4 of 2009 the national capital territory of delhi laws (special provisions) bill, 2009 a bill to make special provisions for the national capital territory of delhi for a further periodup to the 31st day of december, 2009 and for matters connected therewith or incidentaltheretowhereas there had been phenomenal increase in the population of the national capital territory of delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the master plan of delhi, 2001 and the relevant acts and building bye-laws made thereunder;and whereas the master plan of delhi, 2001 was extensively modified and notified by the central government on the 7th day of february, 2007 with the perspective for the year 2021 keeping in view the emerging new dimensions in urban development vis-a-vis the social, financial and other ground realities;and whereas the master plan of delhi with the perspective for the year 2021specifically provides for strategies for housing for urban poor as well as to deal with the informal sector;and whereas a strategy and a scheme has been prepared by the local authorities in the national capital territory of delhi for regulation of urban street vendors in accordance with the national policy for urban street vendors and the master plan for delhi, 2021;and whereas based on the policy finalised by the central government regarding regularisation of unauthorised colonies, village abadi area and its extension, the guidelines and regulations for this purpose have been issued;and whereas more time is required for orderly implementation of scheme regarding hawkers and urban street vendors and for regularisation of unauthorised colonies, village abadi area and its extension;and whereas the revised policy and orderly arrangements for re-location and rehabilitation of slum dwellers and jhuggi-jhompri clusters in the national capital territory of delhi is under consideration of the government;and whereas policy regarding existing farm houses involving construction beyond permissible building limits, schools, dispensaries, religious institutions and cultural institutions and storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land is under consideration of the central government;43 of 2007and whereas the national capital territory of delhi laws (special provisions) act,2007 was enacted on the 5th day of december, 2007 to make special provisions for the areas of national capital territory of delhi for a period up to the 31st day of december, 2008 and has ceased to operate after the 31st day of december, 2008;and whereas it is expedient to have a law in terms of the master plan of delhi, 2021, in continuation of the said act for a period up to the 31st day of december, 2009 to provide temporary relief and to minimise avoidable hardships and irreparable loss to the people of the national capital territory of delhi against any action by the concerned agency in respect of persons covered by the policies referred to abovebe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the national capital territory of delhi laws (special provisions) act, 2009(2) it extends to the national capital territory of delhishort title, extent, commencement and duration(3) it shall be deemed to have come into force on the 1st day of january, 20095(4) it shall cease to have effect on the 31st day of december, 2009, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the general clauses act, 1897, shall apply as if this act had then been repealed by a central act10 of 1897definitions2 (1) in this act, unless the context otherwise requires,—1066 of 1957punjab act 3 of 191161 of 1957(a) "building bye-laws" means bye-laws made under section 481 of the delhi municipal corporation act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the punjab municipal act, 1911, as in force in new delhi or the regulations made under sub-section (1) of section 57 of the delhi development act, 1957, relating to buildings;1566 of 1957(b) "delhi" means the entire area of the national capital territory of delhi except the delhi cantonment as defined in clause (11) of section 2 of the delhi municipal corporation act, 1957;(c) "encroachment" means unauthorised occupation of government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use;566 of 1957 44 of 1994 61 of 1957(d) "local authority" means the delhi municipal corporation established under the delhi municipal corporation act, 1957, or the new delhi municipal council established under the new delhi municipal council act, 1994 or the delhi development authority established under the delhi development act, 1957, legally entitled to exercise control in respect of the areas under their respective jurisdiction;1061 of 1957(e) "master plan" means the master plan for delhi with the perspective for the year 2021, notified vide notification number so141(e), dated the 7th february, 2007, under the delhi development act, 1957;(f) "notification" means a notification published in the official gazette;15(g) "punitive action" means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;(h) "relevant law" means in case of—61 of 1957(i) the delhi development authority, the delhi development act, 1957; (ii) the municipal corporation of delhi, the delhi municipal corporation act, 1957; and2066 of 195744 of 1994(iii) the new delhi municipal council, the new delhi municipal council act, 1994;25(i) "unauthorised development" means use of land or use of building orconstruction of building or development of colonies carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the master plan or zonal plan or layout plan, as the case may be, and includes any encroachment30(2) words and expressions used but not defined herein shall have the meanings respectively assigned to them in the delhi development act, 1957, the delhi municipal corporation act, 1957 and the new delhi municipal council act, 199461 of 1957 66 of 1957 44 of 1994enforcement to be kept in abeyance353 (1) notwithstanding anything contained in any relevant law or any rules, regulationsor bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalise norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, hawkers andurban street vendors, unauthorised colonies, village abadi area (including urban villages),and its extension, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:40(a) policy for re-location and rehabilitation of slum dwellers and jhuggi-jhompri clusters in accordance with the provisions of the master plan of delhi, 2021 to ensure development of delhi in a sustainable, planned and humane manner;45(b) scheme and orderly arrangements for regulation of urban street vendors inconsonance with the national policy for urban street vendors and hawkers as provided in the master plan of delhi, 2021;(c) orderly arrangements pursuant to guidelines and regulations for regularisation of unauthorised colonies, village abadi area (including urban villages) and its extension, as existed on the 31st day of march, 2002, and where construction took place even beyond that date and up to the 8th day of february, 2007;5(d) policy regarding existing farm houses involving construction beyond permissible building limits; and(e) policy regarding schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land10(2) subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo –(i) as on the 1st day of january, 2006, in respect of encroachment or unauthorised development; and15(ii) in respect of unauthorised colonies, village abadi area (including urban villages) and its extension, which existed on the 31st day of march, 2002 and where construction took place even beyond that date and up to the 8th day of february, 2007, mentioned in sub-section (1), shall be maintained20(3) all notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of december, 200925(4) notwithstanding any other provision contained in this act, the central government may, at any time before the 31st day of december, 2009, withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in subsection (2) or sub-section (3), as the case may be4 during the period of operation of this act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development, namely:—provisions of this act not to apply in certain cases(a) encroachment on public land except in those cases which are covered under clauses (a),(b) and (c) of sub-section (1) of section 3;30(b) removal of slums and jhuggi-jhompri dwellers, hawkers and urban street vendors, unauthorised colonies or part thereof, village abadi area (including urban villages) and its extension in accordance with the relevant policies approved by the central government for clearance of land required for specific public projects355 the central government may, from time to time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of this act and it shall be the duty of the local authorities, to comply with such directionspower of central government to give directions406 notwithstanding any judgment, decree or order of any court, all things done, or, omitted, to be done, and all action taken, or, not taken, during the period beginning on or after the 1st day of january, 2009 and ending immediately before the date of commencement of this act, shall, in so far as they are in conformity with the provisions of this act, be deemed to have been done, or, omitted to be done, or, taken, or, not taken, under these provisions as if such provisions were in force at the time such things were done or omitted to be done and action taken or not taken during the aforesaid periodvalidation of acts done or omitted to be done, etc, during 1st january, 2009 up to the date of commencement of this act statement of objects and reasonsthe "delhi laws (special provisions) act, 2006" was enacted to address the several orders and directions passed by the supreme court and the high court of delhi in cases pending before them regarding contentious issues which were confronting the city of delhi, namely, unauthorised constructions, commercial use of residential premises, encroachment on public land by slum dwellers and jhuggi-jhompri clusters, problems relating to urban street vendors, which were affecting the lives of millions of people2 the aforesaid act, inter alia, required the central government with a time period of one year to take all possible steps to finalise norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development with regard to mixed land use not conforming to the master plan, construction beyond sanctioned plans, and encroachment by slum and jhuggi-jhompri dwellers, hawkers and urban street vendors it also provided for status quo as on the 1st day of januray, 2006 to be maintained in respect of these categories of unauthorised development, subject to certain conditions notwithstanding any judgment, decree or order of any court similarly, it provided that all notices issued by the local bodies for initiating action against these categories of unauthorised developments shall be deemed to have been suspended and that no punitive action shall be taken during the said period of one year3 the delhi laws (special provisions) act, 2006 remain effective for a period of one year and lapsed on the 18th may, 2007 in the intervening period, the master plan for delhi, 2021 was notified on the 7th february, 2007, incorporating extensive amendments in respect of provisions governing mixed land use, and for construction beyond sanctioned plans, thus providing much needed relief in the case of unauthorised development with regard to mixed land use not conforming to the master plan and construction beyond sanctioned plans4 in view of the fact that the provisions of the aforesaid act has ceased to operate on and after the 19th may, 2007, and that some more time was needed for making policy guidelines and feasible strategy or scheme to deal with the problems of unauthorised development in certain categories such as slum and jhuggi-jhompri dwellers, urban street vendors and hawkers, farm houses, schools, dispensaries, religious institutions, cultural institutions built in rural areas on agricultural land, the national capital territory of delhi laws (special provisions) ordinance, 2007 was promulgated on the 4th july, 20075 in the meanwhile, in view of some important developments in regard to sealing of commercial premises, the scope of the proposed national capital territory of delhi laws (special provisions) bill, 2007 was widened to maintain status quo in respect of unauthorised colonies including village abadi and its extension, storages, warehouses and godowns meant for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, and in view of the exigencies involved, the national capital territory of delhi laws (special provisions) second ordinance was promulgated on the 15th september, 2007, the provisions of which were in force up to the 31st december, 2008 to maintain status quo so that no punitive action is taken during this period in respect of the categories of unauthorised development as given above6 the national capital territory of delhi laws (special provisions) second ordinance,2007 was replaced by the national capital territory of delhi laws (special provisions) act, 2007, the provisions of which were in force up to the 31st december, 2008 and has ceased to operate after the 31st december, 20087 during the period, the said act was in force, the municipal corporation of delhi and the new delhi municipal council have formulated the hawkers and urban street vendors scheme and have started implementing the same, but some more time is needed to ensure orderly implementation of the same similarly, the guidelines and regulations for regularisation of unauthorised colonies in delhi have been issued, as per which the work relating to regularisation would be undertaken, co-ordinated, monitored and supervised by the government of national capital territory of delhi the government of national capital territory of delhi has initiated further action in this regard, but some more time is needed for its orderly implementation8 some more time is also required to finalise norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agriculture land apart from this, based on further representations received, it is proposed to extend the relief to urban villages, in addition to village abadi and its extension9 accordingly, it is proposed to enact a law for a period beginning from the 1st day of january, 2009 and ending at the 31st day of december, 2009 to give continued effect to the aforesaid plan, scheme and policies10 the bill seeks to achieve the above objectivesnew delhi;s jaipal reddythe 9th february, 2009———— a billto make special provisions for the national capital territory of delhi for a further period up to the 31st day of december, 2009 and for matters connected therewith or incidental thereto———— | Parliament_bills | 6dd4d8ed-b2c9-58f7-a5ff-d29494d8b49c |
the micro finance institutions (regulation of money lending) bill, 2016bydr manoj rajoria, mp———— arrangement of clauses———— clauses1 short title, extent and commencement 2 definitions3 registering authority for registration and regulation of micro finance institutions 4 functions of registering authority 5 register of micro finance institutions 6 cancellation of registration of micro finance institutions 7 member of self help group not to be member of more than one self help group 8 micro finance institutions not to seek security for loan 9 display of rates of interest charged by micro finance institutions10 maximum amount of interest recoverable on loans and discharge of loans in certaincases11 prior approval for grant of further loans to self help groups or their members 12 duty of micro finance institutions to maintain accounts and furnish copies 13 submission of monthly statement by micro finance institutions 14 power to require production of records or documents and power of entry, inspectionand seizure15 complaints 16 settlement of disputes between self help groups and micro finance institutions 17 penalty for coercive actions by micro finance institutions 18 penalty for carrying on business with registration 19 penalty for contravention of the provisions of the act 20 every officer to be public servant 21 bar of certain proceedings 22 power to remove difficulties 23 power to give directions 24 annual report 25 power to make rules bill no 201 of 2016 the micro finance institutions (regulation of money lending) bill, 2016 bydr manoj rajoria, mp a billto protect the women self help groups from exploitation by the micro finance institutions 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 micro finance institutions (regulation of moneylending) act, 20165short title, extent and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(i) ''appropriate government'' means in the case of a state, the government ofthat state and in all other cases, the central government;10(ii) 'interest' means a return on the amount lent by the micro finance institutionto a self help group;5(iii) 'loan' means an advance whether of money or in kind given to a self help group in consideration of interest, whether given before the commencement of this act or after such commencement and includes discount, money paid for or on account of or on behalf of or at the request of any person or any account, whatsoever and every agreement (whatever its terms or form may be) which is in substance or effect a loan of money or in kind given to a self help group and further includes, an agreement relating to the repayment of any such loan;1018 of 2013 2 of 1934 21 of 1860 2 of 1882 2 of 191215(iv) 'micro finance institution' means any person, partnership firm, group of persons, including a company registered under the provisions of the companies act, 2013, a non-banking financial company as defined under section 45-i of the reserve bank of india act, 1934, a society registered under the societies registration act, 1860, a trust created under the indian trust act, 1882, a co-operative society registered under the co-operative societies act, 1912 in whichever manner formed and by whatever name called, whose principal or incidental activity is to lend money or offer financial support of whatsoever nature to the low income population;(v) 'prescribed' means prescribed by rules made under this act;(vi) 'registering authority' means an authority constituted under section 3;(vii) 'registration' means registration granted to a micro finance institution under this act;20(viii) 'self help group' means a group of women formed on principles of self help and registered as such with the appropriate government; and(ix) ''self help group member'' means a registered member of a self help group who intends to avail a loan through such self help group253 the central government shall, by notification in the official gazette, constitute an authority to be known as the registering authority for the purpose of registration and regulation of micro finance institutions in every district of the countryregistering authority for registration and regulation of micro finance institutions functions of r e g i s t e r i n g authority304 (1) all micro finance institutions operating in the country shall, within thirty days from the date of commencement of this act, apply for registration before the registering authority of the district concerned specifying therein such details as may be prescribed(2) without prejudice to the generality of the foregoing provision such rules shall also provide for the name of villages or towns in which the micro finance institutions are operating or propose to operate, the rate of interest being charged or proposed to be charged, system of conducting due diligence and system of effecting recovery and list of persons who may be authorized for conducting the activity of lending or recovery of money which has been lent35(3) no micro finance institution operating at the commencement of this act or intending to start the business of lending money to self help groups after the commencement of this act shall grant any loan or recover any loan without obtaining registration under this act from the registering authority40(4) the registering authority shall verify the details furnished by the micro finance institution and accord registration in such manner as may be prescribed for operation of micro finance institutions for a period of not more than one year at a time(5) every micro finance institution shall submit a written undertaking declaring that it shall act in conformity with the provisions of this act45(6) every micro finance institution shall apply for renewal of registration at least sixty days before the expiry of the period of one year referred to in sub-section (4)(7) the registering authority, on receipt of an application for renewal of registration shall either grant or refuse to grant the renewal of registration within fifteen days before the date of expiry of registration, after due verification of the performance of the micro finance institutions at the field level and after hearing objections, if any, from the general public regarding extension of registration5| register ||---------------|| micro finance || institutions |5 (1) every registering authority shall maintain for the area under its jurisdiction a register of all micro finance institutions having valid registration in such form as may be prescribed(2) the register maintained under sub-section (1) shall be published in such manner and at such intervals as may be prescribed106 (1) the registering authority may, at any time, either suo motu or upon receipt of complaints by self help groups or its members or by members of the public, cancel the registration of a micro finance institution after assigning sufficient reasons for such cancellation:cancellation of registration of micro finance institutionsprovided that no order of cancellation of the registration shall be passed without giving reasonable opportunity of being heard to the micro finance institution concerned15explanation: for the purposes of this section, conviction of a micro finance institution for an offence or violation of any of the provisions of this act shall be a sufficient cause for suspension or cancellation of its registration(2) the registering authority may, pending inquiry under sub-section (1), for sufficient reasons to be recorded, suspend the registration of a micro finance institution207 no person shall be a member of more than one self help group:provided that where a person is, at the commencement of this act, a member of more than one self help group, such person shall have the option to retain the membership of only one self help group and terminate the membership in other self help groups:member of self help group not to be member of more than one self help group25provided further that where a person expresses his intention of termination of membership of a self help group, such member shall settle and pay the amount payable to the micro finance institutions within a period of three months from the date of commencement of this act8 no micro finance institution shall seek any security from a borrower by way of pawn, pledge or any other security for the loan:30micro finance institutions not to seek security forloanprovided that any such security obtained from a borrower before the commencement of this act shall forthwith stand released in favour of the borrower9 (1) all micro finance institutions shall display the rates of interest charged by them in a conspicuous place in their office premises in local language in bold letters visible to the members of the public35(2) no micro finance institution shall charge any other amount from the borrowerexcept any charge prescribed in the rules for submission of an application for grant of a loandisplay of rates of interest charged by micro finance institutions10 (1) no micro finance institution shall recover from the borrower towards interestin respect of any loans advanced by it, whether before or after commencement of this act, an amount in excess of the principal amount40maximum amount of interest recoverable on loans and discharge of loans in certain cases(2) all loans in respect of which a micro finance institution has realized from theborrower, whether before or after commencement of this act, an amount equal to twice the amount of the principal, shall stand discharged and the borrower shall be entitled to obtain refund and the micro finance institution shall be bound to refund the excess amount paid by the borrower4511 (1) no micro finance institution shall extend a further loan to a self help group orits members, where the self help group has an outstanding loan from a bank unless the micro finance institution obtains the prior approval in writing in such manner as may be prescribed from the registering authority after making an application seeking such approvalprior approval for grant of further loans to self help groups or their members(2) the registering authority while considering such application from a micro finance institution seeking approval as aforesaid, shall secure the following information in writing from the micro finance institution in regard to every member of self help group namely,—(i) name of the borrower;5(ii) name of the self help group; (iii) bank from which loan has been obtained by the self help group; (iv) date of the loan granted by the bank; (v) amount paid to the self help group by the bank; (vi) amount due from the self help group;10(vii) fresh amount of loan sought by the self help group from the micro finance institution;(viii) terms of repayment proposed by the micro finance institution; (ix) details of due diligence including the capacity of the self help group for repayment; and15(x) such other details as may be prescribed by rules made under this act(3) the registering authority shall, not later than fifteen days from the date of filing of such application for approval under sub-section (2), cause an inquiry into the contents of the application before granting approval to further loan20(4) if the registering authority is satisfied that the self help group and its members have passed a resolution that they have understood the conditions of the loan and terms of repayment and the registering authority is also satisfied that such further loan may generate additional income to the self help group and its members for servicing the debt25(5) no micro finance institution shall grant loan to a member of self help group during the subsistence of two previous loans irrespective of the source of the previous two loans12 (1) all borrowings by a member of a self help group from a micro finance institution shall be contracted in such manner, form and format, as may be prescribed(2) every micro finance institution shall keep and maintain a cash book, a ledger and such other books of account in such form and manner as may be prescribed30(3) every micro finance institution shall—duty of micro finance institutions to maintain accounts and furnish copies35(a) deliver or cause to be delivered, to the borrower within seven days from the date on which a loan is made, a statement in the prescribed form showing in clear and distinct terms the amount and date of the loan and of its maturity, the name and address of the functionary of the micro finance institution and the effective rate of interest charged;(b) upon repayment of a loan in full, obtain an indelible mark on every paper signed by the borrower with words indicating such repayment and provide copies thereof to the borrower40(4) no micro finance institution shall receive any payment from a borrower on account of any loan without giving him a duly signed receipt for the payment(5) every micro finance institution shall, on a demand in writing by the borrower, supply a copy of any document relating to a loan availed by the borrower, or if the borrower so requires, to any person specified in that behalf in the demand:45provided that in respect of loans given prior to the commencement of this act, it shall be obligatory for the lender to specify if any security was accepted from the borrower(6) all tranches of repayment shall be made by the group at the office of the gram panchayat only5(7) no micro finance institution shall deploy any agent for recovery or use any other coercive action either by itself or by its agents for recovery of money from the borrower; and any form of coercive recovery including but not limited to visiting the house of the borrower shall, apart from being punishable under the provisions of this act, empower the registering authority to suspend or cancel the license of such micro finance institution13 every micro finance institution shall submit a monthly statement to the registering authority before 10th day of every month giving therein the list of borrowers, the loan given to each, the rate of interest charged on the loan and the repayment made1014 (1) the registering authority or any officer authorised by him in this behalf may, to verify whether the business of the micro finance institution is being carried on in accordance with the provisions of this act, enter the premises of the micro finance institution office or of any person who in his opinion is carrying on the business of lending and call upon him to produce any record or document relating to such business and every such micro finance institution shall allow such inspection and produce such record or document15submission of monthly statement by micro finance institutionspower to require production of records or documents and power of entry, inspection and seizure(2) the registering authority may, for the purpose of sub-section (1), search the premises and seize any record and document as may be necessary and the record or document seized shall be retained only for such period as may be necessary for the purposes of examination, prosecution or other legal action:2 of 197420provided that the provisions of sections 100 and 102 of the code of criminal procedure,1973, shall, so far as may be, apply to such search and seizure(3) the registering authority or the other officer referred to in sub-section (1) shall also have power to summon and examine the micro finance institution or any person who in his opinion is in a position to furnish relevant informationcomplaints2515 (1) any self help group or its members or any member of the public may file a complaint regarding violation of the provision of this act by a micro finance institution before the registering authority(2) the authority, on receipt of a complaint, shall inquire into the same after giving a reasonable opportunity to the micro finance institution to show cause and pass such orders as it may deem fit3016 (1) for the protection of debtors and for the settlement of disputes of civil nature between the self help group or its members on the one hand and the micro finance institution on the other hand or between the members of the self help group and the self help group, in relation to the loans granted under this act to the self help group or its members, the appropriate government after consultation with the high court, and by notification,—settlement ofdisputesbetween self help group and micro finance institution35| ( | a | ) shall, as soon as may be after the commencement of this act, establish for ||-------------------------------------------------|-----|--------------------------------------------------------------------------------|| every district in the state a fast-track court; | | || ( | b | ) may establish fast-track court for such other areas in the state, as it may || deem necessary | | |40(2) the appropriate government shall, after due consultation with the high court concerned, specify, by notification, the local limits of the area to which the jurisdiction of a fast-track court shall extend and may, at any time, increase, reduce or alter such limits(3) the cases that may be filed before the fast-track court shall be disposed of within a period of three months5 of 190845(4) the decree of the fast-track courts shall be liable to be executed in accordance with the procedure under the code of civil procedure, 190817 (1) all persons who are connected with and responsible for the day-to-day control, business and management of a micro finance institution including the partners, directors and the employees who resort to any type of coercive measures against the self help groups or its members or their family members shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees or with bothpenalty for coercive actions by micro finance institutions50explanation:— for the purpose of this section, "coercive action" by a micro finance institution against the self help groups or its members or their family members includes the following:—5(a) obstructing or using violence to, insulting or intimidating the borrower or her family members, or(b) persistently following the borrower or her family members from place to place or interfering with any property owned, or used by her or depriving her of, or hindering her in, the use of any such property, or10(c) frequenting the house or other place where such other person resides or works, or carries on business, or happens to be, or(d) doing any act calculated to annoy or intimidate such person or the members of her family, or(e) moving or acting in a manner which causes or is calculated to cause alarm or danger to the person or property of such other person, or15(f) seeking to remove forcibly any document from the borrower which entitles the borrower to a benefit under any government programme: provided that a person who frequents the house or place referred to in clause (c) in order merely to obtain or communicate information shall not be deemed to be using coercive action20(2) the micro finance institution or the persons who use coercive actions shall be prosecuted in accordance with the provisions of this act2 of 1974(3) the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to the proceedings before a fast-track court, and for the purpose of the said provisions, a fast-track court shall be deemed to be a magistrate25penalty for carrying on business without registration18 all persons who are connected with and responsible for the day-to-day control, business and management of a micro finance institution, including the partners and directors of institution, which carries on the business of providing loans without obtaining registration from the registering authority shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to one lakh rupees3019 if any person contravenes any provision other than those of sections 4, 17 and 18of this act, he shall be punished with imprisonment for a term of six months or with fine which may extend to ten thousand rupees or with bothpenalty for contravention of the provisions of the act every officer to be public servant45 of 18603520 every officer of the government and every person acting under the provisions of this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 1860bar on certain proceedings21 (1) no suit, prosecution or other proceedings shall lie against any officer or employeeof the government for any act done or purporting to be done under this act, without the previous sanction of the government40(2) no suit, prosecution or other legal proceedings shall be instituted against anyperson for anything which is, in good faith, done or intended to be done under this act or the rules made thereunderpower to remove difficulties22 if any difficulty arises in giving effect to the provisions of this act, the governmentmay, by notification, remove difficulties by orders not inconsistent with the provisions of this act, but which appear to them to be necessary or expedient to remove such difficulty:45provided that no such order shall be made after the expiry of a period of three years,from the date of commencement of this actpower to give directions23 the government may, from time to time, issue such orders, instructions anddirections not inconsistent with the provisions of this act and the rules made thereunder tothe officers for the proper administration of the act, and such officers and all other persons employed in the enforcement of the act, shall comply with such orders, instructions and directionsannual report524 the central government shall prepare an annual report, in such form and manner, as may be prescribed, on the administration of this act and cause the same to be laid before each house of parliament| power ||-------------|| make rules |25 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act10 15(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following 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, so, 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 state governments have made rapid strides in the field of financial inclusion of the rural and urban poor by organising women self help groups (shg) and linking them with the banks for meeting their credit needshowever, of late, many individuals and other entities have come up styling themselves as micro finance institutions and are giving loans to self help groups at very high or usurious rates of interest and are using inhuman coercive methods for recovery of the loans this has even resulted in suicides by many rural poor who have obtained loans from such individuals or entitiesin the larger public interest and to protect the poor from exploitation, and to regulate the lending of monies to the self help groups by the micro finance institutions, it is urgently required to bring forward a suitable legislation to check the illegal acts of these micro finance institutions across the countrythis bill seeks to achieve the above objectives financial memorandumclause 3 of the bill provides that the central government shall constitute an authority to be known as the registering authority in every district for the purpose of registration and regulation of micro finance institutions clause 5 provides for maintenance of a register of micro finance institutions by the registering authority clause 16 provides for establishment of fast-track court in every district in the state the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve about rupees one hundred crore as recurring expenditure per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 25 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha————— a billto protect the women self help groups from exploitation by the micro finance institutions in the country and for matters connected therewith or incidental thereto————(dr manoj rajoria, mp)gmgipmrnd—1454ls(s3)—26072016 | Parliament_bills | 5746e548-83fc-5f57-bf11-42516580d7cc |
bill no 154 of 2005 the warehousing (development and regulation) bill, 2005 a billto make provisions for the development and regulation of warehouses, negotiability of warehouse receipts, establishment of a warehousing development and regulatory authority and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the warehousing (development and regulation) act,2005short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "accreditation agency" means an agency, whatever be its constitution, registered with the authority under section 5;4 of 1882(b) "actionable claim" shall have the meaning assigned to it in section 3 of the transfer of property act, 1882;(c) "authority" means the warehousing development and regulatory authority established under sub-section (1) of section 24;(d) "depositor" means a person who delivers goods to the warehouseman for storage;(e) "endorsee" means the person to whom the warehouse receipt is negotiated;(f) "endorsement" means signing on the warehouse receipt by the depositor or holder of the warehouse receipt for the purpose of its negotiation;(g) "electronic form", with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, microfilm, computer generated micro fiche or similar device;(h) "fungible goods" means any goods of which any unit is, by nature or usage of trade, the equivalent of any other like unit and are received by a warehouseman as fungible goods;(i) "goods" means all tangible movable goods (other than actionable claims, money and securities), whether fungible or not;1 of 1937(j) "grade" means the quality standard of any goods as notified as grade designation by the central government under the agriculture produce (grading and marking) act, 1937 or any other law for the time being in force;(k) "holder" means,–(i) in relation to a negotiable warehouse receipt, a person who is in possession of such receipt and a right to goods endorsed on it; and(ii) in relation to a non-negotiable warehouse receipt, a person named in it as the person to whom the goods are to be delivered or the assignee of that person; (l) "member" means a member of the authority and includes its chairperson;(m) "negotiable warehouse receipt" means a warehouse receipt under which the goods represented therein are deliverable to the depositor or order, the endorsement of which has the effect of transfer of goods represented thereby and the endorsee for which takes a good title;(n) "non-negotiable warehouse receipt" means a warehouse receipt other than a negotiable warehouse receipt;(o) "notification" means a notification published in the official gazette; (p) "person" includes a firm, co-operative society or any association or body of persons, whether incorporated or not;(q) "prescribed" means prescribed by rules made under this act; (r) "regulation" means a regulation made under this act; (s) "warehouse" means any premises (including any protected place) conforming to all the requirements including manpower specified by the authority by regulations wherein the warehouseman takes custody of the goods deposited by the depositor and includes a place of storage of goods under controlled conditions of temperature and humidity;(t) "warehousing business " means the business of maintaining warehouses in storage of goodos and issuing negotiable warehouse receipts;(u) "warehouse receipt" means an acknowledgement in writing or in electronic form issued by a warehouseman or his duly authorised representative of the receipt for storage of goods not owned by the warehouseman;(v) "warehouseman" means any person who is granted a certificate of registration in respect of any warehouse or warehouses by the authority or an accreditation agency for carrying on the business of warehousing chapter ii regulation of warehousing business3 (1) no person shall commence or carry on the warehousing business unless he has obtained a registration certificate in respect of the concerned warehouse or warehouses granted by the authority under this act:requirement of registration for warehousesissuingnegotiable warehouse receiptsprovided that a person carrying on the warehouses business immediately before the commencement of this act shall be allowed to carry on such business, in case he has made an application for registration within thirty days from the date of such commencementexplanation—for the removal of doubts, it is hereby clarified that a warehouse registered under this act shall also be eligible to issue non-negotiable warehouse receipts(2) notwithstanding anything contained in sub-section (1), the authority may, subject to such regulations and guidelines issued by it, authorise any person registered under section 5 as an accreditation agency to issue certificate of accreditation to any person for carrying on the business of warehousing issuing negotiable warehouse receiptsregistration of warehouses4 (1) any person desirous of commencing or carrying on the business of maintaining a warehouse issuing negotiable warehouse receipts may make an application to the authority for registration in respect of one or more warehouses owned or occupied by him(2) every application for registration under sub-section (1) shall be in such form and manner and shall be accompanied by such fees as may be prescribed(3) the authority may, after such enquiry and subject to such terms and conditions as it thinks fit, grant a certificate of registration of the warehouse in the prescribed form and bearing a registration number to the applicant authorising him to carry on the business of maintaining a warehouse or warehouses and to issue negotiable warehouse receipts(4) the authority may not grant a certificate of registration under this section unless it is satisfied that the warehouse in respect of which the application has been made has adequate facilities and safeguards required to warehouse the goods of the nature specified in the application and the applicant satisfies the financial, managerial and other eligibility criteria and competence as may be prescribed:provided that no certificate of registration shall be refused to any applicant under this section unless the applicant has been given an opportunity of being heardregistration of accreditation agencies5 (1) the authority shall, from time to time, determine the number of accreditation agencies as it may authorise to issue certificate of accreditation to warehouses issuing negotiable warehouse receipts(2) any person fulfilling the qualifications and other requirements as may be prescribed and desirous of functioning as an accreditation agency under this act may make an application to the authority seeking its registration as such under this act(3) every application under sub-section (2) shall be in such form and manner and shall be accompanied by such fees and security deposit as may be prescribed(4) the form in which and the terms and conditions subject to which a certificate of registration as an accreditation agency may be issued under this section shall be such as may be prescribed chapter iii warehousemenliabilities of warehousemen6 (1) a warehouseman is liable for loss of, or injury to, goods caused by his failure to exercise such care and diligence in regard to the goods as a careful and vigilant owner of the goods of the same bulk, quality and value would exercise in the custody of them in similar conditions(2) in case the goods are damaged or lost in spite of taking all care and precautions by the warehouseman due to unavoidable circumstances, the compensation equal to the value of goods at the time of deposit of the goods shall be payable by the warehouseman(3) in case the goods are damaged or lost due to the negligence of the warehouseman, then, the compensation shall be equal to value of goods plus the loss of profit to the holder of the receipt(4) the warehouseman shall not be responsible for any loss, destruction, damage or deterioration of the goods delivered to him for storage attributable to circumstances such as force majeure, act of war, act of public enemies and the likeduties of warehousemen7 (1) in the absence of a lawful excuse, a warehouseman shall deliver the goods referred to in a negotiable or non-negotiable receipt, to the holder of the receipt on demand made by the holder and on the holder fulfilling all the following conditions, namely:–(a) satisfying the warehouse lien; (b) surrendering the receipt in case of non-negotiable receipt and surrendering the receipt with endorsements in case of negotiable receipt; and(c) acknowledging in writing the delivery of the goods(2) if a warehouseman refuses or fails to deliver the goods in compliance with the provisions of this section, the burden of proof shall lie on the warehouseman to establish the existence of a lawful excuse for the refusal or failure8 (1) every warehouseman shall keep in a place of safety a complete and accurate set of records and accounts of all transactions pertaining to the operation of a warehouse including records and accounts of all goods received in the warehouse and withdrawn therefrom, of all unissued receipts in his possession, of all receipts issued, returned to, or cancelled, by himduties of warehouseman to keep records and accounts of warehouse business(2) subject to the provisions of sub-section (1), the warehouseman shall keep all the records and accounts of the warehouse business in numerical sequence separate and distinct from the records and accounts of any other business in such form and in such manner and for such period as the authority may, by regulations, specify(3) the warehouseman shall make available to the authority for inspection the records and accounts of the warehouse business at any time as may be desired by the authorityspecial powers of warehouseman to deal with perishable and hazardous goods9 (1) if the goods are of a perishable or hazardous nature, or their keeping shall deteriorate greatly in value or damage other property, the warehouseman may give notice that is reasonable and possible under the circumstances to the holder of the receipt for the goods, if the name and address of the holder is known to the warehouseman or if not known to the warehouseman, then, to the depositor, requiring that person to satisfy the lien on the goods and to remove them from the warehouse(2) if the person to whom a notice under sub-section (1) is given fails to satisfy the lien and remove the goods within the time specified in the notice, the warehouseman may sell the goods at public or private sale without advertising(3) the notice referred to in sub-section (1) may be given by sending it by electronic mail, speed post or registered post addressed to the person to whom it is to be given at the last known address of the person and the notice is deemed to be given on the third day of the mailing(4) if the warehouseman after a reasonable effort is unable to sell the goods, the warehouseman may dispose of them such other manner as he deems proper and shall incur no liability for that reason(5) from the proceeds of any sale or disposal of goods made under this section, the warehouseman shall, after satisfying his lien, hold the balance in trust for the holder of the receipt(6) no notice shall be necessary if the warehouseman is satisfied on reasonable grounds that in the circumstances of the case giving such notices is likely to cause further prejudice to the goods(7) if, at any time, the warehouseman is satisfied that the quality of any fungible goods or any part thereof has so deteriorated or is so deteriorating that it is necessary to do so, to protect the holders of negotiable warehouse receipts from loss and time is not sufficient for him to seek their instructions, he may, subject to the regulations in this behalf, dispose off the goods or any part thereof and keep the sale proceeds after satisfying his lien in an escrow account for the benefit of the holders of receipts(8) in case of disposal of fungible goods under sub-section (7), the warehouseman shall, at the choice of the holder of the receipt, either pay the sale proceeds or deliver equivalent goods of the same grade, quality and quantity to him10 (1) every warehouseman has a lien on goods deposited with him for storage, whether deposited by the owner of the goods or by his authority, or by any person entrusted with the possession of the goods by the owner or by his agent(2) the lien of the warehouseman is for the amount of the storage and maintenance charges including –(a) all lawful charges for storage and preservation of the goods; (b) all reasonable charges for–(i) any notice required to be given under the provisions of this act; (ii) notice and advertisement of sale; (iii) sale of goods where default is made in satisfying the lien of thewarehouseman; and(iv) compliance of statutory provisions(3) in case of any endorsement on the face of a negotiable warehouse receipt, by a bank or the warehouseman, such endorsement shall be evidence of a pledge and the pledgee shall have priority over the interest of the holder of the receipt(4) in case of any pledge referred to in sub-section (3), the warehouseman shall not deliver the goods unless the endorsement of the pledge has been duly got cancelled(5) if the goods on which a lien exists were not deposited by the owner or by his authority but by a person entrusted by the owner or his authority with the possession of the goods, the warehouseman shall, within two months after the date of deposit, give notice of the lien to the owner of the goods on which a lien exists or to the person owning the right of property of the goods(6) the notice under sub-section (5) shall be in writing and contain all the details about the goods, the location of warehouses, date of deposit, name of depositor and a statement of lien claimed by the warehouseman for the goods stored in the warehouse(7) if a warehouseman fails to issue the notice required by sub-section (5), his lien, as against the person to whom he has failed to issue notice shall become void from the expiration of a period of two months from the date of deposit of the goods(8) in case the goods are not taken back within the declared period of storage, the warehouseman shall have the right to recover his charges, selling the goods by public auction, or in any other manner provided in this section any goods upon which he has a lien(9) the warehouseman shall give a notice in writing of his intention to sell the goods to the person liable as debtor for the charges for which the lien exists or to the owner or person owning the right of property of the goods(10) the notice under sub-section (7) shall –(a) contain all the details about the goods, the location of warehouse, date of deposit, the name of depositor and a statement of lien claimed by the warehouseman for the goods stored in the warehouse; and(b) state that unless the charges are paid within the stipulated time mentioned in the notice, the goods shall be advertised for sale and sold by public auction at a time and place as specified in the notice (11) if the charges are not paid on or before the day mentioned in the notice, then, unless any other mode of sale is specified by the authority, by regulations an advertisement of the sale shall be published in a leading newspaper having circulation in the locality where the sale is to be held and the sale shall be held not less than fourteen days from the date of first publication of the advertisement(12) the warehouseman shall, from the proceeds of the sale, satisfy his lien and shall pay over the surplus, if any, to the person entitled thereto(13) if the surplus is not demanded by the person entitled thereto within ten days after the sale of goods or if there are different claims, the warehouseman shall seek instructions from the authority and act as per the orders of the authority chapter iv warehouse receiptswarehouse receipts11 (1) a warehouse receipt, which may be either in writing or in electronic form, shall be a document of title to goods in writing if it contains all the following particulars, namely:–(a) receipt number; (b) warehouse registration number and date up to which it is valid;(c) name of the warehouse and its complete postal address; (d) name and address of the person by whom or on whose behalf the goods are deposited;(e) date of issue of the warehouse receipt; (f) statement that the goods received shall be delivered to the holder thereof, or that the goods shall be delivered to the order of a named person;(g) rates of storage charges and handling charges; (h) description of the goods or of the packages containing them with particulars of quantity and quality or grade;(i) market value of the goods at the time of deposit; (j) private marks of depositor on the goods or packages, if any, except in the case of fungible goods;(k) name of the insurance company indemnifying for fire, flood, theft, burglary, misappropriation, riots, strikes or terrorism;(l) whether the warehouse receipt is negotiable or non-negotiable;(m) statement of the amount of any advance made and of any liability incurred for which the warehouseman claims his lien;(n) date and signature of the warehouseman or his authorised agent; and (o) declared shelf-life of goods(2) in case a warehouseman wilfully omits from a negotiable warehouse receipt any of the particulars set out in sub-section (1), he shall be liable for damages caused by such omission(3) no warehouse receipt shall, by reason of the omission only of any of the particulars set, forth in sub-section (1), be deemed to be invalid for the purpose of settlement of disputes or claims12 (1) the words in a negotiable warehouse receipt limiting its negotiability shall be voidnegotiabilityof warehousereceipts(2) a warehouseman who issues a non-negotiable warehouse receipt shall cause to be plainly marked upon its face the words "non-negotiable" or "not negotiable" in english or in the language in which it is issued(3) in case of non-compliance of sub-section (2), a holder of the warehouse receipt who purchases it for valuable consideration believing it to be a negotiable warehouse receipt may, at his option, treat the receipt as vesting in him all rights attaching to a negotiable warehouse receipt and imposing upon the warehouseman the same liabilities which he would have incurred had the receipt been a negotiable warehouse receipt and the warehouseman shall be liable accordingly(4) a negotiable warehouse receipt shall be valid for delivery till the date of expiry of the declared shelf-life of the goods for which it is issued13 a negotiable warehouse receipt may be negotiated by its delivery if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a named person, and that person or a subsequent endorsee has endorsed itnegotiation of warehouse receipt by delivery14 where a negotiable receipt is transferred for valuable consideration by delivery, and the endorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the receipt, unless a contrary intention appears, and the negotiation takes effect as of the time when endorsement is madetransfer of negotiable warehouse receipts without endorsement15 a person who, for valuable consideration, negotiates a negotiable warehouse receipt by endorsement and delivery, including one who assigns for valuable consideration, a claim secured by a receipt, unless a contrary intention appears, warrants the following: –warrantees on negotiation of warehouse receipt(a) that the receipt is genuine; (b) that the person has a legal right to negotiate or transfer it;(c) that the person has no knowledge of any fact that would impair the validity of the receipt;(d) that the person has a right to transfer the title to the goods; and (e) that the goods are merchantable or fit for a particular purpose when those warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented by itendorser not a guaranteer16 the endorsement of a receipt does not make the endorser liable for any failure on the part of the warehouseman or previous endorsers of the receipt to fulfil their respective obligations17 the validity of the negotiation of a receipt is not impaired by the fact that–(a) the negotiation was a breach of duty on the part of the person making the negotiation; ornegotiation of warehouse receipt not impaired by fraud, mistake or duress(b) the owner of the receipt was induced by fraud, mistake or duress to entrust the possession or custody of the receipt to that person, if the person to whom the receipt was negotiated or a person to whom the receipt was subsequently negotiated, paid value for it without knowing of the breach of duty, fraud, mistake or duresssubsequent negotiation of warehouse receipts18 if a person having sold, mortgaged or pledged goods that are in the custody of a warehouseman and for which a negotiable receipt has been issued, continues in possession of the negotiable receipt, the subsequent negotiation of it by that person under any sale or other disposition of the goods to any person receiving the receipt in good faith, for valuable consideration and without notice of the previous sale, mortgage or pledge, has the same effect as if a previous purchaser, mortgagee or pledgee of the goods, as the case may be, had expressly authorised the subsequent negotiationstoppage of delivery of goods in certain cases19 when a negotiable warehouse receipt has been issued in respect of any goods, no lien or right of stoppage of the seller in transit shall defeat the rights of a purchaser for value in good faith to whom the receipt has been negotiated, whether the negotiation is before or after notifying to the warehouseman who issued the receipt of the claim of the seller to a lien or right of stoppage in transit, and the warehouseman shall not deliver the goods to an unpaid seller unless the receipt is first surrendered for cancellation20 (1) a non-negotiable warehouse receipt may be transferred by the holder by delivery to a purchaser or donee of the goods in writing executed by the holdertransfer of non-negotiable receipts(2) a peson to whom the goods covered by a non-negotiable warehouse receipt is transferred acquires –(a) the title of the transferor to the goods; and (b) the right to deposit with the warehouseman the receipt or duplicate thereof or to give notice in writing to the warehouseman of the transfer (3) the transferee shall acquire the benefit of the obligation of the warehouseman to hold goods in storage for him according to the terms of the receipt upon deposit of the transfer of the goods and on giving notice in writing of the transfer and upon the warehouseman having a reasonable opportunity of verifying the transfer21 in the hands of a holder who has purchased a negotiable warehouse receipt for valuable consideration, it shall be conclusive evidence of the goods described in it as against the warehouseman or any person claiming through himconclusiveness of negotiable warehouse receipt presumption in certain cases22 in a dispute between an endorser of a negotiable warehouse receipt and his endorsee unless it is proved otherwise, it shall be presumed that –(a) the endorsement has been made voluntarily; (b) the endorsement has been made for full consideration; (c) the endorser had full legal title in the goods represented by the receipt; and (d) the endorsement has extinguished all the rights, title and interest of the endorser in the goodsissue of duplicate receipt23 (1) no warehouseman shall issue a warehouse receipt without actually receiving the goods of the quantity, quality or grade and other particulars as may be mentioned in the receipt(2) no warehouseman shall issue more than one receipt for the same goods deposited by any person:provided that in case of a loss or destruction, a duplicate receipt may be issued in such manner as may be specified by the authority by regulations(3) if a warehouseman fails to comply with the provisions of sub-section (2), he would be liable for all such damages caused by the failure to any person who has transacted on such receipt for valuable consideration, believing it to be an original, even though the transaction is after the delivery of the goods by the warehouseman to the holder of the original receipt(4) a receipt on the face of which the word "duplicate" is plainly marked is a representation and warranty by the warehouseman that it is an accurate copy of a receipt properly issued and uncancelled on the date of issue of the duplicate warehouse receipt chapter v the warehousing development and regulatory authorityestablishment and incorporation of authority24 (1) with effect from such date as the central government may, by notification, specify in this behalf, there shall be constituted an authority to be called the warehousing development and regulatory authority to exercise the powers conferred on, and to perform the functions assigned to it by or under this act(2) the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued(3) the head office of the authority shall be at new delhi and the authority may, with the previous approval of the central government, establish offices at other places in india25 the authority shall consist of –composition of authority(a) a chairperson; and (b) not more than two other members, to be appointed by the central government from amongst persons of ability, integrity and standing who have wide knowledge and experience in inventory management, insurance, preservation, quality control, banking, finance, economics, law or administration26 (1) the chairperson and every other member shall hold office for a term not exceeding five years from the date on which he enters upon his office and shall be eligible for re-appointment:tenure of office of chairperson and other membersprovided that no person shall hold office as the chairperson or other member after he has attained the age of sixty-five years(2) notwithstanding anything contained in sub-section (1), a member may–(a) relinquish his office by giving in writing to the central government notice of not less than three months; or(b) be removed from his office in accordance with the provisions of section 2727 (1) the central government may remove from office any member who–removal from office(a) is, or at any time has been, adjudged as an insolvent; or (b) has become physically or mentally incapable of acting as a member; or (c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or(e) has so abused his position as to render his continuation in office detrimental to the public interest (2) no such member shall be removed under clause (d) or clause (e) of sub-section (1)unless he has been given a reasonable opportunity of being heard in the matter28 subject to the rules as may be made in this behalf, the salaries and allowances payable to, and other terms and conditions of service of–(a) the chairperson shall be the same as that of a secretary to the government of india;salary, allowances and other terms and conditions of chairperson and other members(b) the other members of the authority shall be the same as that of joint secretaries to the government of indiabar on future employment of members29 the chairperson and the other members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the central government, accept any employment in any concern in the warehousing sector30 the chairperson shall be the chief executive of the authoritychairperson to be the chief executive of authority meetings of authority31 (1) the authority shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at such meetings) as may be determined by regulations(2) the chairperson, or if, for any reason he is unable to attend a meeting of the authority, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting(3) all questions which come up before any meeting of the authority shall be decided by a majority of votes by the members present and voting, and in the event of an equality of votes, the chairperson, or the person presiding shall have a second or casting vote32 no act or proceeding of the authority shall be invalid merely by reason of–(a) any vacancy in, or any defect in the constitution of, the authority; or vacancies, etc, not to invalidate proceedings of authority(b) any defect in the appointment of a person acting as a member of the authority;or(c) any irregularity in the procedure of the authority not affecting the merits of the case33 (1) the authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its function under this actofficers and employees of authority(2) the terms and conditions of service of officers and other employees of the authority appointed under sub-section (1) shall be governed by regulations made under this actwarehousing advisory committee34 (1) the authority may, by notification, constitute a committee to be known as the warehousing advisory committee to advise the authority on matters relating to the making of regulations under section 51 and make recommendations for effective implementation of the provisions of this act(2) the warehousing advisory committee shall consist of not more than fifteen members excluding the members of the authority to represent the interests of commerce, industry, engineering, agriculture, consumers, organizations engaged in warehousing, quality control, preservation and research bodies(3) without prejudice to the provisions of sub-section (1), the warehousing advisory committee may advise the authority on such other matters as may be referred to it by the authority chapter vi powers and functions of authoritypowers and functions of authority35 (1) subject to the provisions of this act and any other law for the time being in force, the authority shall have the duty to regulate and ensure implementation of the provisions of this act and promote orderly growth of the warehousing business(2) without prejudice to the generality of the foregoing provisions, the powers and functions of the authority shall include the following, namely: –(a) to issue to the applicants fulfilling the requirements for warehousemen a certificate of registration in respect of warehouses, or renew, modify, withdraw, suspend or cancel such registration;(b) to regulate the registration and functioning of accreditation agency, renew, modify, withdraw, suspend or cancel such registration, and specify the code of conduct for officials of accreditation agencies for accreditation of the warehouses;(c) to specify the qualifications, code of conduct and practical training for warehousemen and staff engaged in warehousing business;(d) to regulate the process of pledge, creation of charges and enforcement thereof in respect of goods deposited with the warehouse;(e) to promote efficiency in conduct of warehouse business; (f) to make regulations laying down the standards for approval of certifying agencies for grading of goods;(g) to promote professional organisations connected with the warehousing business;(h) to determine the rate of, and levy, the fees and other charges for carrying out the provisions of this act;(i) to call for information from, undertaking inspection of, conducting enquiries and investigations including audit of the warehouses, accreditation agencies and other organisations connected with the warehousing business;(j) to regulate the rates, advantages, terms and conditions that may be offered by warehousemen in respect of warehousing business;(k) to specify, by regulations, the form and manner in which books of account shall be maintained and statement of accounts shall be rendered by warehousemen;(l) to maintain a panel of arbitrators and to nominate arbitrators from such panel in disputes between warehouses and warehouse receipt holders;(m) to regulate and develop electronic system of holding and transfer of credit balances of fungible goods deposited in the warehouses;(n) to exercise such other powers and perform such other functions as may be prescribed chapter vii finance, accounts and auditgrants by central government36 the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as the government may think fit for being utilised for the purposes of this actconstitution of fund37 (1) there shall be constituted a fund to be called the warehousing development and regulatory authority fund and there shall be credited thereto–(a) all central government grants, fees and charges received by the authority;(b) all sums received by the authority from such other source as may be decided upon by the central government;(c) all sums realised by way of penalties under this act(2) the fund shall be applied for meeting–(a) the salaries, allowances and other remuneration of the members, officers and other employees of the authority;(b) the other expenses of the authority in connection with the discharge of its functions and for the purposes of this actaccounts and audit38 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and manner as may be prescribed by the central government in consultation with the comptroller and auditor-general of india(2) the accounts of the authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general(3) the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the authority shall have the same rights, 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 of account, connected vouchers and other documents and papers and to inspect any of the offices of the authority(4) the accounts of the authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit-report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliamentfurnishing of returns, annual report, etc, to central government39 (1) the authority shall furnish to the central government at such time and in such form and manner as may be prescribed, or as the central government may direct to furnish such returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of the warehousing industry as the central government may, from time to time, require(2) without prejudice to the provisions of sub-section (1), the authority shall, within nine months after the close of each financial year, submit to the central government an annual report giving a true and full account of its activities including the activities for promotion and development of the warehousing business during the previous financial year(3) copies of the reports received under sub-section (2) shall be laid, as soon as may be after they are received, before each house of parliament chapter viii powers of central governmentpowers of central government to issue directions40 (1) without prejudice to the foregoing provisions of this act, the authority shall, in exercise of its powers and performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give in writing to it from time to time:provided that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the central government, whether a question is one of policy or not, shall be final41 (1) if, at any time, the central government is of the opinion–(a) that, on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or(b) that the authority has persistently defaulted in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the authority or the administration of the authority has suffered; or(c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification and for reasons to be specified therein, supersede the authority for such period not exceeding six months, as may be specified in the notification and nominate a person to look after the functions of the authority:provided that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representation, if any, of the authority (2) upon the publication of a notification under sub-section (1) superseding the authority,–(a) the chairperson and other members shall, as from the date of supersession, be deemed to have vacated their offices;(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted under sub-section (3), be exercised and discharged by the person nominated by the central government under clause (c) of sub-section (1);(c) all properties owned or controlled by the authority shall, until the authority is reconstituted under sub-section (3), vest in the central government (3) on or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government shall reconstitute the authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment(4) the central government shall cause a copy of the notification issued under subsection (1) and a full report of any action to be laid before each house of parliament at the earliest(5) notwithstanding anything contained in any law or in any contract, or memorandum or articles of association, on the removal of a person, from office under this section, that person shall not be entitled to claim any compensation for the loss or termination of office chapter ix appealsappeals to appellate authority42 (1) any person aggrieved by an order of the authority made under this act, or any rules or the regulations made thereunder may prefer an appeal to such person or authority appointed by the central government (hereafter referred to as the appellate authority) within sixty days from the date of such order:provided that an appeal may be admitted after the expiry of the said period of sixty days but not beyond a total period of ninety days if the appeallant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within the said period(2) every appeal made under this section shall be made in such form and manner and shall be accompanied by a copy of the order appeal against and by such fees as may be prescribed(3) the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard(4) an appeal filed before the appellate authority shall be heard and disposed of as expeditiously as possible and endeavour shall be made to finally dispose of the appeal within a period of ninety days from the date of its filing chapter x offences and penaltiesoffences and penalties43 (1) any warehouseman knowingly issuing a warehouse receipt without taking the actual physical delivery of the goods in his warehouse or a warehouseman or an agent or servant of the warehouseman who issues a warehouse receipt without reasonably satisfying himself that the goods for which such warehouse receipt is issued have actually been received or the number, weight or grade of the goods corresponds to the number, weight or grade specified in the warehouse receipt or the goods are under his actual control at the time of issuing such warehouse receipt, commits an offence and shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to four times the value of the goods or with both(2) a warehouseman or an agent or servant of the warehouseman, who knowingly issues a duplicate warehouse receipt without substantially following the procedure for the issue of a duplicate warehouse receipt, commits an offence and shall be punishable for such offence with imprisonment for a term which may extend to three years, or with fine which may extend to one lakh rupees, or with both(3) a warehouseman or an agent or servant of the warehouseman, who, knowingly that the warehouse receipt in respect of such goods is outstanding and is uncancelled, delivers the goods without obtaining possession of such warehouse receipt at or before the time of such delivery and thereby causes unlawful loss or gain to any person, commits an offence and shall be punishable for such an offence by imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees, or with both(4) a warehouseman who fails, on surrender of a negotiable warehouse receipt by the depositer or endorsee and payment of all his lawful charges and cancellation of encumbrances endorsed on the receipt, within the declared shelf-life of the goods, as mentioned therein to deliver the goods represented by the receipt commits an offence and shall be punishable for such offence with imprisonment for a term which may extend to three years or with fine which may extend to three times the value of the goods or with both(5) any depositor, who declared as the value of the goods delivered by him for storage with a warehouseman an amount which he does not have reason to believe to be the proper value, commits an offence and shall be punishable for such an offence by imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees, or with bothoffences by companies44 (1) where an offence under this chapter is committed by a company, every person, who at the time the offence was committed, was in charge of the company or was responsible for making the deposit, as the case may be, 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 punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention(2) notwithstanding anything contained in sub-section (1), where any offence under this chapter has been committed by a company and it is proved that such an offence has been committed with the consent or connivance of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyexplanation– for the purposes of this section, —(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firmcognizance ofoffences bycourts45 (1) no court shall take cognizance of any offence punishable under this act, save on a complaint made by the authority or by any officer authorised in writing in this behalf by the authority(2) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act chapter xi miscellaneous45 of 186046 the chairperson, members, officers and other employees of authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codechairperson, members, officers and other employees of authority to be public servants protection of action taken in good faith47 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of the central government or any member, officer or other employee of the authority for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder:provided that nothing in this act shall exempt any person any suit or other proceedingswhich might, apart from this act, be brought against himdelegation of powers48 the authority may, by general or special order in writing, delegate to the chairperson or any other member or officer of the authority subject to such conditions, if any, as may be specified in the order, such of its powers and functions (excluding the power to make regulations under section 51) under this act as it may deem necessary27 of 1957 43 of 1961exemption from tax on wealth and income49 notwithstanding anything contained in the wealth tax act, 1957, the income-taxact, 1961 or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the authority shall not be liable to pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derived50 (1) the central government may, by notification, make rules for carrying out the provisions of this actpower of central government to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any or the following matters, namely:–(a) the form and manner in which an application for obtaining a certificate of registration for commencing or carrying on the business of warehousing issuing negotiable warehouse receipts may be made and the fees which shall accompany such application under sub-section (2) of section 4;(b) the form in which a certificate for registration of warehouses may be issued under sub-section (3) of section 4;(c) the financial, managerial and other eligibility criteria and competence which an applicant for registration of warehouses shall satisfy under sub-section (4) of section4; (d) the qualification and other requirements which a person applying for functioning as an accreditation agency shall fulfil under sub-section (2) of section 5;(e) the form and manner in which an application for registration as an accreditation agency may be made and the fees which shall accompany such application under subsection (3) of section 5;(f) the form of certificate of registration of accreditation agency under sub-section(4) of section 5;(g) the salary and allowances payable to, and the other terms and conditions of service of the chairperson and other members under section 28;(h) such other powers that may be exercised by the authority under clause (n) of sub-section (2) of section 35;(i) the form and manner of maintenance of annual statement of accounts to be maintained by the authority under sub-section (1) of section 38;(j) the form and manner in which and the time within which returns and statements and particulars are to be furnished by the authority to the central government under sub-section (1) of section 39;(k) the form and the manner in which an appeal may be made to the appellate authority and the fee which shall accompany such appeal under sub-section (2) of section 42;(l) the procedure to be followed by the appellate authority in disposing of an appeal under sub-section (3) of section 42;(m) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules51 (1) the authority may, with the previous approval of the central government, and in consultation with the warehousing advisory committee, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:–(a) the matters regulating the authorities of accreditation agencies under subsection (2) of section 3;(b) the form and manner and the period for which a warehouseman shall keep the records and accounts of the warehousing business under sub-section (2) of section8;(c) the manner of disposal of goods or any part thereof and the keeping of saleproceeds in an escrow account by the warehouseman under sub-section (7) ofsection 9;(d) the mode of sale under sub-section (11) of section 10;(e) the manner of issuance of duplicate warehouse receipt under the proviso tosub-section (2) of section 23;(f) the time and places of meetings of the authority and the procedure to befollowed at such meetings including the quorum necessary for the transaction of business under sub-section (1) of section 31;(g) the terms and conditions of service of officers and other employees of theauthority under sub-section (2) of section 33;(h) the registration and functioning of accreditation agencies, renewal, modification, withdrawal, suspension or cancellation of such registration and the code of conduct for officials of accreditation agencies for accreditation the warehouses under clause (b) of sub-section (2) of section 35;(i) the standards for approval of certifying agencies for grading of goods under clause (f) of sub-section (2) of section 35;(j) the rate of fees and other charges to be levied for carrying out the provisions of this act under clause (h) of sub-section (2) of section 35; (k) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be or may be made by regulationsrules and regulations to be laid before parliament52 every rule made by the central government and every regulation made by the authority under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationact to have overriding effect53 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for time being in force or in any instrument having effect by virtue of any law other than this actpower to remove difficulties54 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry of three years from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made be laid, before each house of parliamentamendment of act 2 of 189955 after section 8a of the stamp act, 1899, the following section shall be inserted, namely:–"8b notwithstanding anything contained in this act, negotiable warehouse receipts shall not be liable to stamp duty"negotiable warehouse receipts not liable to stamp duty statement of objects and reasonsat present, the warehousing receipts issued by the warehouses in the country do not enjoy the fiduciary trust of depositors and banks as there is a fear that it is not possible to recover the loans in case of fraud, mis-management, etc, by the warehousemen or insolvency of the depositor the available legal remedies are also time consuming and inadequate further, the format of warehouse receipts issued by the various warehouses in the country is not uniform hence, there are considerable impediments in the negotiability of warehouse receipts creating difficulties to the farmers and other depositors of goods having regard to the above, it is proposed to establish a negotiable warehouse receipt system for all commodities including agricultural commodities on the one hand, it will make warehouse receipts a prime tool of trade and facilitate finance against it throughout the country, on the other, it will allow banks to improve the quality of their lending portfolio and enhance their interest in lending in respect of goods deposited in warehouses it is, therefore, proposed to lay down the requirements for warehouse receipts to become valid negotiable instruments2 it is expected that the system of negotiable warehouse receipts would result in providing considerable benefits, both at the macro as well as micro levels and increase the liquidity in the rural areas, encourage scientific warehousing of goods, lower cost of financing, improve supply chains, enhance rewards for grading and quality and better price risk management this would, in turn, result in higher returns to farmers and better services to consumers it is also proposed to provide necessary administrative mechanism and legislative backup for regulating and streamlining the warehousing sector issuing negotiable warehouse receipts3 the proposed legislation, inter alia, seeks to provide for–(i) the regulation of warehousing business by registering warehouses issuing negotiable warehouse receipts;(ii) the registration of accreditation agencies for warehouses which would issueaccreditation certificates to the warehouses following certain required norms;(iii) the liabilities, duties and lien of warehousemen; (iv) the contents of negotiable warehouse receipts;(v) the conditions for negotiability of warehouse receipts by delivery andendorsement;(v) the transfer of negotiable warehouse receipts without endorsement andwarranties on sale of warehouse receipts;(vi) the issue of duplicate receipts in case of loss or destruction; (vii) the establishment and incorporation of an authority to be called thewarehousing development and regulatory authority to regulate and ensure implementation of the provisions of the proposed legislation and to promote orderly growth of the warehouse business in the country;(viii) the empowerment of the central government to issue directions on questionsof policy to the authority and to supersede the authority in certain circumstances;(ix) the appeal to the appellate authority; and (x) defining the offences and penalties in respect of such offences 4 the notes on clauses explain in detail the various provisions contained in the bill 5 the bill seeks to achieve the above objectsnew delhi;sharad pawarthe 26th november, 2005 notes on clausesclause 1–this clause provides for the short title of the bill, the area of its operation and its commencement the proposed legislation shall not be applicable to the state of jammu and kashmir as certain preparatory steps are required to be taken before the proposed legislation is brought into force, it is proposed to empower the central government to bring it into force from a date to be appointed by itclause 2–this clause contains definitions of certain words and expressions used in the bill the definitions of "accreditation agency", "actionable claim", "authority", "endorsement", "goods", "grade", "negotiable warehouse receipt", "warehouse" and "warehousing business" are some of them the expression "accreditation agency" is defined to mean an agency, whatever be its constitution, registered with the authority under proposed section 5 it would certify and issue accreditation certificates to warehouses based on certain norms the words "actionable claim" shall have the meaning assigned to it in section 3 of the transfer of property act, 1882 the word "authority" means the warehousing development and regulatory authority established under proposed sub-section (1) of section 24 "endorsement" means signing on the warehouse receipt by the depositor or holder of the warehouse receipt for the purpose of its negotiation the expression "negotiable warehouse receipt" is defined to mean a warehouse receipt under which the goods represented therein are deliverable to the depositor or order, the endorsement of which has the effect of transfer of goods represented thereby and the endorsee for which takes a good titleclause 3–this clause provides for compulsory registration of those warehouses which would issue negotiable warehouse receipts they would be required to obtain a registration certificate from the warehousing development and regulatory authority however, a warehouseman issuing negotiable warehouse receipts immediately before the commencement of the proposed legislation shall be allowed to carry on such business if he has made an application for registration within thirty days from the date of such commencement the warehouses registered under the proposed legislation would be eligible for issuing nonnegotiable warehouse receipts sub-clause (2) provides that the authority would authorise the registered accreditation agencies to issue accreditation certificates to the warehouses based on specified norms so as to enable the authority to quickly issue registration certificatesclause 4–this clause lays down the procedure for registration with the authority of the warehouses issuing negotiable warehouse receipts sub-clause (1) requires that any person desirous of commencing or carrying on the business of warehousing issuing negotiable warehouse receipts should make an application to the authority for registration of the warehouse or warehouses sub-clause (2) provides for rules being made for determining the manner in which the application shall be made and the fee required to be paid in respect of such application sub-clause (3) authorises the authority to conduct necessary inquiry and subject to such terms and conditions as it thinks fit to grant of a certificate of registration bearing registration number sub-clause (4) provides that the authority may refuse a certificate of registration in case it feels that the warehouse has not adequate facilities and safeguards required to store the goods of the nature specified in the application and the applicant does not meet the financial, managerial and other eligibility criteria and competenceclause 5–sub-clause (1) of this clause authorises the warehousing development and regulatory authority to determine from time to time the number of accreditation agencies required for issuing certificate of accreditation to the warehouses issuing negotiable warehouse receipts sub-clause (2) provides that any person fulfilling the requirement and qualifications laid down by rules as accreditation agencies may apply to the authority seeking their registration as accreditation agencies sub-clause (3) empowers the central government to lay down by rules the form and manner and the fees and security deposit to be paid for applying to become accreditation agenciesclause 6–sub-clause (1) of this clause defines the liabilities of warehouseman in case of loss of, or injury to, goods caused by his failure to exercise such care and diligence in regard to the goods as a careful and vigilant owner of the goods should take in similar conditions sub-clause (2) specifies the compensation to be provided to the depositor in case the goods are damaged or lost in spite of taking all the care and precaution by the warehouseman due to unavoidable circumstances the compensation shall be equal to value of goods at the time of its deposit sub-clause (3) specifies the compensation in case the goods are damaged or lost due to negligence of warehouseman in that case the compensation shall be equal to value of goods plus the loss of profit to the holder of the receiptclause 7–sub-clause (1) of this clause defines the duties of warehousemen and lays down that in the absence of a lawful excuse, a warehouseman should deliver the goods referred to in a negotiable warehouse receipt to the holder of the receipt on demand made by the holder and on the holder fulfilling all the conditions viz satisfying the warehouse lien;surrendering the receipt in case of non-negotiable receipt and surrendering the receipt with endorsements in case of negotiable receipt and acknowledging in writing the delivery of the goods sub-clause (2) provides that in case a warehouseman refuses or fails to deliver the goods in compliance with the provisions of this clause, the burden of proof shall lie on the warehouseman to establish the existence of a lawful excuse for the refusal or failureclause 8–sub-clause (1) of this clause provides that every warehouseman shall maintain in a safe place the complete and accurate accounts and records of all transactions pertaining to the operation of a warehouse including records and accounts of all goods received in the warehouse and withdrawn therefrom and of all unissued receipts in his possession as well as of all receipts issued, returned to, or cancelled, by him sub-clause (2) provides that such records and accounts of the warehouse business would be kept in numerical sequence separate and distinct from the records and accounts of any other business subclause (3) provides that the warehouseman shall make available all such records and accounts of warehouse business for the inspection of the authorityclause 9–sub-clause (1) of this clause contains certain special powers of the warehouseman to deal with perishable and hazardous goods sub-clause (2) provides that if a person to whom the notice has been issued fails to satisfy the lien and remove the goods within the specified time, the warehouseman may sell the goods at public or private sale without advertising sub-clauses (3) and (4) lays down the procedure for issuing notice to the person to whom it is to be given the notice is to be given at the last known address of the holder of the receipt of the goods and in case the warehouseman after making reasonable effort is unable to sell the goods, the warehouseman may dispose of them in any other manner as he may deem fit and incur no liability for that reason sub-clauses (7) and (8) lay down the steps required to be taken by the warehouseman in case the quality of fungible goods is deteriorating in case of disposal of fungible goods, the warehouseman should, at the choice of the holder of the receipt, either pay the sale proceeds or deliver equivalent goods of the same grade, quality and quantity to himclause 10–sub-clause (1) of this clause specifies the lien of warehouseman on goods deposited with him for storage, whether deposited by the owner of the goods or by his authority, or by any person entrusted with the possession of the goods by the owner or by his agent sub-clause (2) clarifies that the lien of the warehouseman is for the amount of storage and maintenance charges including all lawful charges for storage and preservation of goods, for all reasonable charges for notice and advertisements for sale of goods, etc sub-clauses (3) and (4) provide that in case of any endorsement on the face of a negotiable warehouse receipt, by a bank or warehouseman, such endorsement shall be the evidence of a pledge and the pledgee shall have priority over the interest of the holder of the receipt and the warehouseman shall not deliver the goods unless the endorsement of the pledge has been duly got cancelled sub-clauses (5) and (6) provide that if the goods on which a lien exists were not deposited by the owner or by his authority but by a person entrusted by the owner or his authority with the possession of the goods, the warehouseman shall issue a notice of lien to the owner of the goods on which lien exists or to the person owning the right of property of goods within two months after the date of deposit and the notice shall be in writing and contain all details about the goods and warehouses, etc sub-clauses (7) and (8) provide that if a warehouseman fails to issue the notice required under sub-clause (5), his lien shall become void from the expiration of a period of two months from the date of deposit of goods sub-clauses (9) and (10) lay down the procedure for issuing notice in writing and shall contain all details about the goods, warehouse, name of depositor and details of lien and a stipulation that if the charges are not paid within the specified time mentioned in the notice, the goods shall be advertised and sold by public auction at a time and place specified in the notice sub-clauses (11) and (12) lay down the procedure for issuing an advertisement for sale of goods in case the charges are not paid on or before the date mentioned in the notice and from the proceeds of the sale, the warehouseman shall satisfy his lien and shall pay over the surplus, if any, to the person entitled thereto subclause (13) states that if the surplus is not demanded by the person entitled thereto within ten days after the sale of goods, the warehouseman shall seek instructions from the authority and act as per the orders of the authorityclause 11–this clause enumerates the various particulars of a warehouse receipt such as receipt number, registration number, date of validity, name and address of warehouse, date of issue of receipt, description of goods, market value, whether negotiable or nonnegotiable and signature of warehouseman, etcclause 12–this clause provides that any word in a negotiable warehouse receipt limiting its negotiability shall be void and a warehouseman shall mark upon its face the words "non-negotiable" or "not negotiable" in english or in the language in which it is issued it also provides that in case of non-compliance of sub-clause (2), a holder of the warehouse receipt purchasing it for valuable consideration and believing it to be a negotiable warehouse receipt may, at his option, treat the receipt as vesting in him all rights attaching to a negotiable warehouse receipt and imposing same liabilities on the warehouseman which he would have incurred had the receipt been a negotiable warehouse receipt the negotiable warehouse receipt in respect of any goods shall be valid till its declared shelf lifeclause 13–this clause lays down the mode of negotiability of negotiable warehouse receipts it may be negotiated by its delivery if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a named person, and that person or a subsequent endorsee has endorsed itclause 14–this clause deals with the transfer of negotiable receipts without endorsement where a negotiable warehouse receipt is transferred for valuable consideration by delivery and the endorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the receipt, unless a contrary intention appears, and the negotiation takes effect as of the time when the endorsement is madeclause 15–this clause provides that a person who, for valuable consideration, negotiates a receipt by endorsement or delivery, including one who assigns for valuable consideration, a claim secured by a receipt, unless a contrary intention appears, warrants that the receipt is genuine, the person has a legal right to negotiate or transfer it, has no knowledge of any fact that would impair the validity of the receipt, has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purposeclause 16–this clause provides that the endorsement of a receipt does not make the endorser liable for any failure on the part of the warehouseman or previous endorsers of the receipt to fulfil their respective obligationsclause 17–this clause stipulates that the validity of negotiation of a warehouse receipt is not impaired by the fact that the negotiation was a breach of duty on the part of the person making the negotiation or the owner of the receipt was induced by fraud, mistake or duress to entrust the possession or custody of the receipt to that person, if the person to whom the receipt was negotiated or a person to whom the receipt was subsequently negotiated, paid value for it without the knowledge of the breach of duty or fraud or mistake or duress, as the case may beclause 18–this clause provides that if a person having sold, mortgaged or pledged goods that are in the custody of a warehouse and for which a negotiable warehouse receipt has been issued, continues in possession of the negotiable receipt, the subsequent negotiation of it by that person under any sale or other disposition to any person receiving the receipt in good faith, for valuable consideration without notice of the previous sale, mortgage or pledge, has the same effect as if a previous purchaser, mortgagee or pledgee of the goods, as the case may be, had expressly authorised the subsequent negotiationclause 19–this clause deals with stoppage of delivery of goods in certain cases it is provided that when a negotiable warehouse receipt has been issued in respect of any goods, no lien or right of stoppage of the seller in transit shall defeat the rights of the purchaser for value in good faith to whom the receipt has been negotiated, whether the negotiation is before or after notifying the warehouseman who issued the receipt of the claim of the seller to a lien or right of stoppage in transit and the warehouseman shall not deliver the goods to an unpaid seller unless the receipt is first surrendered for cancellationclause 20–this clause lays down the procedure for transfer of non-negotiable receiptssub-clause (1) provides that a non-negotiable warehouse receipts may be transferred by the holder by delivery to a purchaser or donee of the goods in writing executed by the holder sub-clause (2) provides that a person to whom the goods covered by a non-negotiable warehouse receipt is transferred acquires the title of transferer to the goods and the right to deposit with the warehouseman the receipt or duplicate thereof or to give notice in writing to the warehouseman of the transfer sub-clause (3) clarifies that the transferee shall acquire the benefit of the obligation of the warehouseman to hold goods in storage for him according to the terms of the receipt upon deposit of transfer of goods and on giving notice in writing of the transfer and upon the warehouseman having a reasonable opportunity of verifying the transferclause 21–this clause relates to the conclusiveness of a negotiable warehouse receiptas per this clause, in the hands of a holder who has purchased a negotiable warehouse receipt for valuable consideration, it shall be conclusive evidence of the goods described in it as against the warehouseman or any person claiming through himclause 22–this clause relates to presumption in respect of negotiable warehouse receipts in certain cases in a dispute between an endorser of a negotiable warehouse receipt and his endorsee unless it is proved otherwise, it shall be presumed that the endorsement has been made voluntarily and for full consideration and the endorser had full legal title to the goods represented by the receipt the endorsement extinguishes all the rights, title and interest of the endorser in the goodsclause 23–this clause deals with issue of duplicate warehouse receipts sub-clause(1) provides that no warehouseman shall issue a warehouse receipt without actually receiving the specified goods as per the quantity, quality and other particulars as mentioned in the receipt sub-clause (2) stipulates that no warehouseman shall issue more than one receipt for the same goods deposited by any person however, in case of loss or destruction, a duplicate receipt may be issued in such manner as may be specified by the authority by regulations sub-clause (3) provides that if a warehouseman fails to comply with the provisions of sub-clause (2), he would be liable for all such damages caused by the failure to any person who has transacted on such receipt for valuable consideration, believing it to be the original, even though the transaction is after the delivery of goods by the warehouseman to the holder of the original receipt sub-clause (4) provides that a warehouse receipt on the face of which the word "duplicate" is plainly marked is a representation and warranty by the warehouseman that it is an accurate copy of a receipt properly issued and uncancelled on the date of issue of the duplicateclause 24–this clause deals with the establishment and incorporation of an authority to be called the warehousing development and regulatory authority the authority shall exercise the powers conferred on, and perform the functions assigned to it by or under the proposed legislation sub-clause (2) provides that the authority shall be a body corporate by the name aforesaid having perpetual succession and common seal with power, subject to the provisions of the proposed legislation, to acquire, hold and dispose off property, both movable and immovable, and to contract and shall, by the said name, sue or be sued subclause (3) mentions that the head office of the authority shall be at new delhi the authority with the previous approval of the central government may establish offices at other places in indiaclause 25–this clause defines the composition of the warehousing development and regulatory authority the authority shall consist of a chairperson and not more than two other members to be appointed by the central government from amongst persons of ability, integrity and standing and having wide knowledge and experience in inventory management, insurance, preservation, quality control, banking, finance, economics, law or administrationclause 26–sub-clause (1) of this clause specifies the tenure of office of chairperson and other members of the authority the chairperson and other members of the authority shall hold office for a term not exceeding five years from the date on which they enter upon their office and shall be eligible for re-appointment however, no person shall hold office as a chairperson or other member after attaining the age of sixty-five years sub-clause (2) provides that a member may relinquish his office by giving a notice in writing to the central government of not less than three months the chairperson or any other member may be removed from his office in accordance with the provisions of clause 27clause 27–this clause empowers the central government to remove from office any member of the authority in certain cases in case, the member has been declared as an insolvent or has become physically or mentally incapable of acting as a member or has been convicted of an offence or has acquired disappropriate assets of his income and misused of his position he could be removed sub-clause (2) provides that before a member is removed from his office, he should be given a reasonable opportunity of being heardclause 28–this clause deals with the salary, allowances and other terms and conditions of the chairperson and other members of the authority subject to rules as may be made in this behalf, the salary, allowances and other terms and conditions of service of the chairperson shall be the same as that of a secretary to the government of india and those of a member shall be equal to that of a joint secretary to the government of india respectivelyclause 29–this clause bars the chairperson and other members of the authority except with the previous approval of the central government from accepting any employment in any company in the warehousing sector for a period of two years from the date on which they cease to hold their officeclause 30–this clause stipulates that the chairperson shall be the chief executive of the authorityclause 31–this clause deals with the procedure for convening the meetings of the authority in regard to transaction of its business sub-clause (2) provides that if the chairperson is unable to attend the meeting of the authority, any other member chosen by the members present shall preside over the meeting sub-clause (3) clarifies that all issues which come up before the meeting shall be decided by a majority of the votes by the members present and votingclause 32–this clause provides that, no act or proceedings of the authority shall be invalid merely by reason of any vacancy or any defect in the constitution of the authority, or any defect in the appointment of a person acting as a member or due to any irregularity in the procedure of the authority not affecting the merits of the caseclause 33–this clause deals with the appointment of officers and other employees of the authority for the efficient functioning under the proposed legislation sub-clause (2) lays down that the terms and other conditions of service of officers and other employees of the authority shall be governed by regulations made by the authorityclause 34–this clause deals with the constitution of warehousing advisory committee to advise the authority on matters relating to the making of regulations under clause 51 sub-clause (2) lays down that the advisory committee shall consist of not more than fifteen members excluding the members of the authority to represent the interests of various organisations engaged in warehousing, quality control, preservation and research activities sub-clause (3) provides that the warehousing advisory committee may advise the authority on such other matters as may be referred to it by the authorityclause 35–this clause deals with the powers and functions of the authority subclause (1) provides that the authority shall regulate and ensure implementation of the provisions of the proposed legislation and promote orderly growth of the warehousing business sub-clause (2) enumerates the various powers and functions of the authority these functions and powers, inter alia, include issuing registration certificate to warehouses issuing negotiable warehouse receipts, regulation of accreditation agencies and specifying their requisite qualifications, code of conduct and practical training for warehousemen and other staff engaged in the warehousing business, promoting efficiency in conduct of warehouse business, making regulations laying down the standards for approval of certifying agencies for grading of goods, levying the fees and charges for carrying out the provisions of the bill, appointing arbitrators for adjudicating of disputes between warehouses and warehouse receipt holders and regulation and development of electronic system of holding and transfer of credit balances of goods deposited in the warehousesclause 36–this clause provides that the central government may, after due appropriation made by the parliament by law in this behalf, could provide grants of such sums of money to the authority as the central government may think fit for being utilised for the purpose of the proposed legislationclause 37–this clause provides for constitution of a fund to be called the warehousing development and regulatory authority fund all central government grants and the fees and charges received by the authority shall be credited to this fund all sums received by the authority from such other sources as may be decided upon by the central government and all sums realized by way of penalties under the proposed legislation are also proposed to be credited to the fund further, the fund shall be applied for meeting the expenses on salary, allowances and other remuneration of members, officers and other employees of the authorityclause 38–this clause deals with the accounts of the authority and their audit subclause (1) provides that the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be laid down by the central government by rules in consultation with the comptroller and auditor-general of india sub-clause (2) stipulates that the accounts of the authority shall be audited by the comptroller and auditor-general of india sub-clauses (3) and (4) provide that the comptroller and auditor-general of india and any other person appointed by him for the audit of the accounts of the authority shall have the same rights and privileges as the comptroller and auditor-general of india shall have and he can demand the records and books of accounts for the purpose of audit the audit report certified by the comptroller and auditor-general of india is required to be laid before each house of parliamentclause 39–this clause deals with furnishing of returns, annual report, etc by the authority to the central government sub-clauses (1) and (2) require that the authority shall furnish such returns, statements and other particulars as regards to its programmes and activities to the central government an annual report containing full accounts of activities of the authority shall also be submitted to the central government sub-clause (3) requires that copies of the annual reports of the authority shall be laid before each house of parliamentclause 40–this clause deals with the powers of the central government to issue directions on questions of policy of the authorityclause 41–this clause deals with the powers of the central government to supersede the authority in certain cases sub-clause (1) empowers the central government to supersede the authority at any time in case the authority is unable to discharge its functions or perform its duties under the provisions of the proposed legislation or the authority not compiling with any direction given by the central government under the proposed legislation or under circumstances which render it necessary in public interest to supersede the authority however, reasonable opportunity shall be given by the central government to the authority to make representation against any proposed supersession sub-clause (2) provides that on supersession, the chairperson and other members of the authority shall be deemed to have vacated their offices and shall not have any powers, functions or duties under the proposed enactment sub-clauses (3) and (4) provide that on or before of the expiration of the period of supersession of the authority, the central government shall reconstitute a fresh authority and appoint its chairperson and other members the central government shall also lay a copy of the notification superseding the authority with a full report before each house of parliament at the earliest sub-clause (5) stipulates that a person removed from his post under sub-clause (1) shall not be entitled to any claim or compensation on account of such removalclause 42–this clause provides for appeals to the appellate authority sub-clause(1) provides that any person aggrieved by an order of the authority made under the proposed legislation may file an appeal to such person or authority appointed by the central government which would be referred to as appellate authority within sixty days however, the said period may be relaxed if the appellant satisfies the appellate authority the reasons of delay sub-clause (2) provides that every appeal made under this clause shall be in the form and manner laid down by the central government by rules the appeal should also be accompanied by the fees prescribed by the central government sub-clauses (3) and (4) lay down that an appellant shall be given reasonable hearing and that the appeal shall be disposed of within ninety days from the date of its filingclause 43–this clause deals with the offences and penalties related to the proposed legislation sub-clause (1) provides that any warehouseman knowingly issuing a warehouse receipt without taking actual physical delivery of the goods or taking less delivery of goods than the quantity mentioned on the warehouse receipt commits an offence and shall be punishable with imprisonment for a term which may extend to three years or with fine which may be extended to four times the value of the goods, or with both sub-clause (2) provides that a warehouseman or his agent who issues a duplicate warehouse receipt without following the prescribed procedure commits an offence and shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees, or with both in sub-clauses (3), (4) and (5) other related offences and penalties have been definedclause 44–this clause deals with offences by companies sub-clause (1) provides that when an offence under chapter x is committed by a company, every person of the company who at the time of committing the offence was responsible for making the deposits shall be deemed to be guilty of the offence and shall be liable to be proceeded and punished accordingly sub-clause (2) provides that if such an offence has been committed with the connivance of any official of the company, he shall be guilty of the offence and shall be liable to be proceeded against and punished accordinglyclause 45 - this clauses relates to cognizance of offences by courts sub-clause (1)provides that no court shall take cognizance of any offence punishable under the proposed legislation without a complaint being made by the authority or an officer authorised by the authority sub-clause (2) provides that these offences shall not be tried by a court inferior to that of a metropolitan magistrate or the judicial magistrate of the first classclause 46–this clause provides that the chairperson, members, officers and other employees of the authority, while acting or purporting to act in pursuance of the provisions of the proposed legislation, would be public servants within the meaning of section 21 of the indian penal codeclause 47–this clause seeks to provide immunity to central government or any other member or officer of the authority from suits, prosecution and other legal proceedings in respect of anything which is done in good faith under the proposed legislationclause 48–this clause provides that the authority may delegate its powers (other than the power to make regulations under clause 51) by general or special order in writing to the chairperson or any other member or officer of the authority under the proposed legislationclause 49–this clause provides that the authority shall not be liable to pay wealth tax, income tax or any other tax in respect of its wealth, income, profits or gains derived by itclause 50–this clause empowers the central government to make 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 matters, inter alia, include the form and manner in which an application for obtaining a certificate of registration for commencing warehousing business issuing negotiable warehouse receipts is to be made, the form and manner in which a registration certificate is to be issued, the form and manner for getting registration certificate by the accreditation agencies, the financial, managerial and other eligibility criteria for registration of warehouses, the requirements for an accreditation agency, salary and allowances payable to members of the authority and all such other matters that may be exercised by the authority under clause (n) of sub-clause (2) of clause 35clause 51–this clause empowers the warehousing development and regulatory authority to make regulations with the previous approval of the central government and in consultation with the warehousing advisory committee to carry out the provisions of the proposed legislation sub-clause (2) enumerates the various matters in respect of which such regulations may be made these matters, inter alia, include procedure regulating the issuance of certificate of accreditation under clause 5 by an accreditation agency, the form and manner and the period for which a warehouseman shall keep the records and accounts of warehousing business under sub-clause (2) of clause 8, the manner of disposal of goods or any part thereof and keeping of sale proceeds in and escrow account by the warehouseman under sub-clause (7) of clause 9, the terms and conditions of service of officers and other employees of authority under sub-clause (2) of clause 33, the manner of issuance of duplicate warehouse receipt under sub-clause (2) of clause 23, the time and place of the meeting of the authority and the procedure to be followed under sub-clause (1) of clause 31, functioning of the grading agency, standard for approval of certifying agencies for grading of goods under clause (f) of sub-clause (2) of clause 35, the fees and other charges to be levied under the proposed legislation and any other matter which is required to be, or may be, specified by regulationsclause 52–this clause provides that every rule made by the central government and every regulation made by the authority under the proposed legislation shall be laid, as soon as may be after it is made, before each house of parliamentclause 53–the clause provides that the provisions of the proposed legislation shall have effect notwithstanding anything inconsistent therewith contained in any other law for time being in force or in any instrument having effect by virtue of any law other than the proposed legislationclause 54–this clause relates to the power of the central government to remove difficulties sub-clause (1) empowers the central government to remove any difficulty which may arise in giving effect to the provisions of the proposed legislation by order published in the official gazette such provisions shall not be inconsistent with the provisions of the proposed legislation this power can be exercised only within three years from the commencement of the proposed legislation sub-clause (2) stipulates that every order issued under this clause shall be required to be laid before the each house of parliamentclause 55–this clause seeks to insert a new section 8b in the stamp act, 1899 so as to provide that negotiable warehouse receipts shall not be liable to stamp duty financial memorandum sub-clause (1) of clause 24 of the bill provides that the central government shall, by notification in the official gazette, constitute for the purpose of the proposed legislation, an authority to be called the warehousing development and regulatory authority to exercise the powers conferred on, and to perform the functions assigned to, it by or under the proposed legislation2 clause 25 of the bill provides that the authority shall consist of a chairperson and not more than two other members who are experts in the field of inventory management, insurance, quality control, banking, finance, economics, law or administration3 clause 28 of the bill provides that the salaries and allowances payable to and the other terms and conditions of service of the chairperson of the authority shall be the same as that of a secretary to the government of india and those of other members shall be the same as that of a joint secretary to the government of india4 sub-clause (1) of clause 33 provides that the authority may, appoint officers and such other employees as it considers necessary for the discharge of its function under this bill sub-clause (2) of clause 33 provides that the terms and conditions of service of officers and other employees of the authority appointed under clause 33 of the bill shall be governed by regulations made by the authority5 clause 36 of the bill provides that the central government may after due appropriation made by parliament by law make to the authority grants for being utilized for the purposes of the proposed enactment clause 37 of the bill provides for the constitution of a fund to be called the warehousing development and regulation authority fund all central government grants, fees and charges shall be credited to the said fund6 the implementation of aforesaid provisions would involve certain expenditure from the consolidated fund of india however, it is not possible to give any specific estimate of the expenditure, both recurring and non-recurring, at this stage as it would depend upon the specific decisions which may be taken and the manner of implementation by the authority however, it is estimated that a sum of approximately two crores of rupees for a financial year may be required to meet the expenditure of the authority by way of grants to be given to the authority by the central government during the financial year 2005-2006, no expenditure, however, is envisaged to be incurred7 it is estimated that the bill will not involve any other expenditure of a recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 50 of the bill empowers the central government to make rules, by notification in the official gazette, for carrying out the provisions of proposed legislation sub-clause (2) of that clause enumerates the matters in respect of which rules may be made under the proposed legislation these matters, inter alia, relate to the form and manner in which an application for obtaining a certificate of registration for commencing or carrying on the business of warehousing issuing negotiable receipts is to be made and the fees which shall accompany such application, the form in which a certificate of registration of warehouses is to be issued, the form and manner in which an application for registration as an accreditation agency is to be made and the fees which shall accompany such application, the form of certificate of registration of accreditation agency, the salary and allowances payable to and the other terms and conditions of the service of chairperson and members of the authority, the form of annual statement of accounts to be maintained by the authority, the form and manner in which and the time within which returns and statements and other particulars are to be furnished to the central government and any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules2 sub-clause (1) of clause 51 empowers the warehousing development and regulatory authority to make, by notification in the official gazette and with the previous approval of the central government and not inconsistent with the provisions of the proposed legislation and the rules made there under, regulations to provide for matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of the proposed legislation sub-clause (2) of that clause enumerates the matters in respect of which such regulations may be made under the proposed legislation these matters, inter alia, include procedure for regulating the issuance of certificate of accreditation under clause 5 by an accreditation agency, the form and manner and the period for which a warehouseman shall keep the records and accounts of warehouse business under sub-clause (2) of clause 8, the manner of disposal of goods or any part thereof and keeping of sale proceeds in an escrow account by the warehouseman under sub-clause (7) of clause 9, the terms and conditions of service of officers and other employees of authority under sub-clause (2) of clause 33, the manner of issuance of duplicate warehouse receipts under sub-clause (2) of clause 23, the time and place of meetings of the authority and the procedure to be followed in such meetings under sub-clause (1) of clause 31, functioning of the grading agency, standard for approval of certifying agencies for grading of goods under clause (f) of sub-clause (2) of clause 35, the fees and other charges to be levied under the proposed legislation and any other matter which is required to be, or may be, specified by regulations3 clause 53 of the bill requires that the rules and regulations made under the proposed legislation shall have to be laid before parliament4 the matters in respect of which rules and regulations 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———— abillto make provisions for the development and regulation of warehouses, negotiability ofwarehouse receipts, establishment of a warehousing development and regulatory authority and for matters connected therewith or incidental thereto————(shri sharad pawar, minister of agriculture and consumer affairs, food and public distribution)mgipmrnd—3971ls(s4)—30-11-2005 the warehousing (development and regulation) bill, 2005———— arrangement of clauses———— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii regulation of warehousing business3requirement of registration for warehouses issuing negotiable warehouse receipts4registration of warehouses5registration of accreditation agencies chapter iii warehousemen6liabilities of warehousemen7duties of warehousemen8duties of warehouseman to keep records and accounts of warehouse business9special powers of warehouseman to deal with perishable and hazardous goods10lien of warehouseman on goods chapter iv warehouse receipts11warehouse receipts12negotiability of warehouse receipts13negotiation of warehouse receipts by delivery14transfer of negotiable warehouse receipt without endorsement15warrantees on negotiation of warehouse receipt16endorser not a guranteer17negotiation of warehouse receipt not impaired by fraud, mistake or duress18subsequent negotiation of warehouse receipts19stoppage of delivery of goods in certain cases20transfer of non-negotiable receipts21conclusiveness of negotiable warehouse receipt22presumption in certain cases23issue of duplicate receipt chapter v the warehousing development and regulatory authority clauses24establishment and incorporation of authority25composition of authority26tenure of office of chairperson and other members27removal from office28salary, allowances and other terms and conditions of chairperson and othermembers29bar on future employment of members30chairperson to be the chief executive of authority31meetings of authority32vacancies, etc, not to invalidate proceedings of authority33officers and employees of authority34warehousing advisory committee chapter vi powers and functions of authority35powers and functions of authority chapter vii finance, accounts and audit36grants by central government37constitution of fund38accounts and audit39furnishing of returns, annual report, etc, to central government chapter viii powers of central government40powers of central government to issue directions41power of central government to supersede authority chapter ix appeals42appeals to appellate authority chapter x offences and penalties43offences and penalties44offences by companies45cognizance of offences by courts chapter xi miscellaneous clauses46chairperson, members, officers and other employees of authority to be publicservants47protection of action taken in good faith48delegation of powers49exemption from tax on wealth and income50 power of central government to make rules51 power of authority to make regulations52rules and regulations to be laid before parliament53act to have overriding effect54power to remove difficulties55amendment of act 2 of 1899 | Parliament_bills | b751700c-44bc-5c0f-a740-431355b0f8c3 |
the jammu and kashmir (extension of laws) bill, 1955(as introduced in lok sabha) bill no 28 of 1956 the jammu and kashmir (extension of laws) bill, 1956 (as introduce!> in lok sabha)a bill to provide for the extension of certain laws to the state of jammu and kashmir be it enacted by parliament in the seventh year of the republic of india as follows: -• 1 (1) this act may be called the jammu and kashmir (extension short title and comof laws) act, 1956 menccment 5 (2) it shall come into force on such date as the central govern-ment may, by notification in the official gazette, appoint 2 (1) the acts and ordinance mentioned in the schedule and extension a 11 rules, orders and regulations made thereunder are hereby ,ex- and amrdtended to, and shall be in force in, the state of jammu and kashmir ::-\~w~~r-10 (2) with effect from the commencement of this act, the acts and ordinance mentioned in the schedule shall be amended as specified therein 3 any reference in any act or in the ordinance mentioned in construction the schedule to a law which is not in force in the state of jammu ~!f:£e:en= 15 and kashmir shall, in relation to that state, be construed as a in force in reference to the corresponding law, if any, in forc;e in that state l<aa~and - t· 4 any reference by whatever form of words in any law for the construction b' f th s f j d k h of references ime emg m orce in e tate 0 ammu an as mlf to any to authorities authority competent at the date of the passing of that law to whethe ~~w aut orltles 20 exercise any powers or discharge any functions in that state shall, have been where a corresponding new authority has been constituted by or constituted under any law now extendea to that state, have effect as if it were r reference to the new, authority repeals and uvdlgb 5 if immediately before the commencement of this act there , is in force in the state of jammu and kashmir any law corresponding to any act or ordinance now extended to that state, that law shall, save as otherwise expressly provided in this act, stand repealed on such commencement: 5 provided that the repeal shall not affect-, (a) the previous operation of any law s~ repealed or any· thing duly done or suffered thereunder, (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, 10 (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or (d) any investigation, legal proceeding or remedy in respect of any such right, }:>rivilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; 15 and any such investigation, legal proceeding or remedy may be instituted, 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 the preceding proviso, anything done or any action taken (including any appointment or delegation 20 made, notification, instruction or direction issued, form, bye·law or scheme framed, certificate obtained, pennit or licence granted or registration effected) under any such law shall be deemed to have been done or taken under the corresponding provisions of the act or ordinance now extended to that state, and shall, continue to be 2s in force accordingly unless and until superseded by anything done or any action taken under the said act or ordinance powertoremove diffi· culties 6 (1) if any difficulty arises in giving effect to the provisions of any act or ordinance now extended to the state of jammu and kashmir, the central government may, by order notified in the 30 official gazette, make such provjsions or give such directions as appear to it necessary for the removal of the diffi~ulty (2) in particular, and without prejudice to the generality of the foregoing power, anywch notified order may,-(a) specify the corresponding authorities within the mean- 3s ing of section 4, (b) provide for the transfer of any matter pending im~ mediately before the commencement of this act before court, tribunal or other authority, to any corresponding any court, tribunal or authority for disposal, (c) specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything done or any action taken (including any of the matters specified in the second proviso to section 5) under any law repealed by that section shall berecognised or given effect to under the corresponding provision of the act or ordinance now extended the schedule (see section 2) a~s10 the opium act 1857 (13 of 1857) section i-in sub-section (2), omit "except the state of jammu \and kashmir" is the government savings banks act, 1873 (5 of 1873) sectjpn l-omit "except the state of jammu and kashmir" the negotiable instruments act, 1881 (26 of 1881) section i-omit tlexcept the state of jammu and kashmir" 20 sectiqn 3-omit the definition of "india" section 137-romit "or the state of jammu and kashmir" the police act, 1888 (3 of 1888) secticm i-for sub-section (2), substitute-2s "(2) it- extends to the whole of india" the indian merchandise marks act, 1889 (4 of 1889) section l-in sub-section (2), omit "except the state of jammu and kashmir" 30 section 2-omit clause (6) the live-stock importation act, 1898 (9 of 1898) section l-in sub-section (2), omit "except the state of jammu and kashmir" section 2-1n clause (c), for "the territories to which this act extends", substitute "india" section 3-in sub-section (1), for "the territories to which this act extends", substitute "india" s the indian coinage act, 1906 (3 of 1906)section 1-ln sub-section (2), omit "except the state of jammu and kashmir" section 23-for "the territories to which this act extends" 10 substitute "india" the indian patents and' designs act, 1911 (2 of 1911) section 1-ln sub-section (2), omit "except the state of jammu and kashmir" section 2-(a) to clause (1), add "and in relation to the state is of jammu and kashmir, the advocate-general for that sta¥" (b) omit clause (7a) section 80-(a) in the opening paragraph of sub-section (1), for the portion beginning with the words "if immediately" and ending with the words "to which this act extends", substitute-20 "if immediately before-(i) the 18th day of april, 1950, in relation to any part b state other than the state of jammu and kashmir, and (ii) tire date of commencement of the jammu and kashmir (extension of laws) act, 1956, in relation to the 2s state of jammu and kashmir, there was in force in the part b state concerned" 3 of 1951 (b) in sub-section (2), after "part b states (laws) act, 1951,", insert "or section 5 of the jammu and kashmir (extension of laws) act, 1956," 30 the destructive insect~ and pests act, 1914 (2 of 1914)section i-in sub-section (2), omit "except the state of jammu and kashmir" ~ection 2-0mit clause (d) omi t section 4c section 5a-qmit "or exports or attempts to export from india to the state of jammu and kashmir any article or insect in respect ~ of which a notification under section 4c has been issued" the indian copyright act, 1914 (3 of 1914)section 1-in sub-section (2), omit "except the state of jammu and kashmir" 10 section 2--"-omit clause (la) the indian cotton cess act, 1923 (14 of 1923)section i-for sub-section (2), substitute-"(2) it extends to the whole of india: is provided that it spall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to the levy and collection of the "cess specified therein" section 3-(a) in sub-section (1), for "the territories to which 20 this act extends" and "the said territories", substitute "india" (bl tn sub-section (2), for "the territories to which this act extends", substitute "india" the indian soldiers (litigation) act, 1925 (4 of 1925)25 section i-in sub-section ·(2), omit "except the state of jammu and kashmir" '! the dangerous drugs act, 1930 (2 of 1930)throughout the act, for "the states", substitute "india" 30 section i-in sub-section (2), omit "except the state of jammu and kashmii" t section 2-omit clause (11) the indian lac cess act, 1930 (24 of 1930)section 1-for sub-section (2), substitute-"(2) it extends to the whole of india: provided that it shall not apply to the state of jammu and s kashmir except to the extent to which the provisions of this act relate to the levy and collection of the cess specified therein" the reserve bank of india act, 193410 (2 of 1934)section 1-in sub-section (2), omit "f'xcept the state of tammu and kashmir" section 2-0mit clause (g) after section 26, insert-certain bank notes to cease to be terti tender "26a notwithstanding anything contained in section 26, no 15 bank note of the denominational' value of five hundred rupees, one thousand rupees or ten thousand rupees issued before the 13th day of january, 1946, shall be le(gal tender in payment or on account for the amount expressed therein" the petroleum act 193420 (30 of 1934) section 1-in sub-section (2), omit "except the state of jammu and kashmir" section 2-for clause (d), substitute-"cd) 'to transport petroleum' means to move petroleum 25 from one place to another in india:" 1n clause (e), for "the territories to' which this act extends", substitl1te "india" the insurance act, 1938 (4 of 1938)30 throughout the act, for "the states" and "the states of india", substitute "india" section l-in sub-section (2), omit "except the state of jammu and kashmir" section 2-om,itclause (14a) , 35 section 114-in clause (b) of sub·section (2), omit "in india or" and, "as the case may be", the trade marks act, 1940 (5 of 1940)section i-in sub-section (2) omit "except the state of jammu and kashmir" 5 section 2-1n sub-section (1), omit d~ (dd) the agricultural produce cel8 act, 1940 (27 of 1940) section i-in sub-section (2), omit "except the state of jammu and kashmir" 10 section 3-in sub-section (1), for "the territories to which this act extends", substitute "india" the indian coconut committee act, 1944 (10 of 1944)section 1-for sub-section (2), substitute-"(2) it extends to the whole of india: provided that u shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to the levy and collection of the duty of excise speci6ed therein" 20 section 3-in sub-section (1), for "the territories to which this art extends" and "the said territories" substitute "india" the indian oilseeds committee act, 1946 (9 of 1946) section 1-for sub-section (2), substitute-_ 25 "(2) it extends to the whole of india: provided that it shall not apply to the state of jammu :md kashmir except to the extent to which the provisions of this act relate to the levy and collection of the duty of excise and the duty of customs specified therein" 30 section 3-in sub-section (1),--(a) for "the territories to which this act extends", substitute "india"; (b) for "the said territories" occurring in two places, substitute "india" 35 the· delhi special police establishment a 0(, 1946 (25 of 1946) section i-in sub-section (2) omit "except the state of jammu and kashmir" the foreign exchange regulation act, 1947 (7 of 1947)throughout the act, ,for "the states", substitute -"india" section 1-in sub-section (2), omit "except the state of jammu and kashmir" 5 section 2-omit clause (m) and re-letter clause (n) as clause (m) the antiquities (e:1:port control) act, 1947 (31 of 1947)section 1-in sub-section (2), omit "except the state of jammu 10 and kashmir" section 2-ln clause (b), for "the territories to 'vhich this act extends", substitute "india" the atomic energy act 194815 (29 of 1948) section 1-ln sub-section (2), omit "except the state of jammu and kashmir" section is-in sub-:;ection (3), for "advocate-general of india", substitute "attorney-general for india" the banking companies act, 1949 20 (10 of 1949) section 1-in sub-section (2), omit "except the state of jammu and kashmir" section ~'·-in sub-section (1), omit clause (gg) section 11-ln the explanation to sub-section (1), for "in india" 25 substitute "in a state" the banking companies (legalpractitione7'q' clients' account,,) act, 1949 (46 of 1949)~e,ction 1-ln sub-section (2), omit "except the state of jammu 30 and kashmir" the emblems end names (pii'eventicm, of improper use) act 1950 (12 of 195cij section l-in sub-section '(2), omit "except the state of jammu and kashmir" 35 the government premises (eviction) act, 1950 (27 of 1950)section l-in sub-section (2), omit "except the state of jammu and kashmir" 5 section 2-for clause (b), substitute-"(b) 'government premises' means,-10 (i) in relation to the state of jammu and kashmir, any premises or land belonging to, or taken on lease by or on behalf of the central government, or acquired or requisitioned on behalf of the central government by the state government; and 15 20 (ii) in relation to the rest of india, any premises or land' belonging to, or taken on lease or requisitioned by, the central government or requisitioned by the competent authority under the requisitioning and acquisition of immovable property act, 1952, and, fn l-elation to the state of delhi, includes also any premises or land belonging to any municipality in delhi or any land belonging to the improvement trust delhi, whether such land is in the possession of, or leased out by, the improvement trust;" - the state financial corporations act, 1951 (63 of 1951) section i-in sub-section (2), omit "except the state of jammu and kashmir" the state armed police foi'ccs (extension of laws) act,' 1952 25 (63 of 1952) section i-in sub-section (2), omit "except the state of jammu and kashmir" the khadi and other handloom indust'l'ies development (additional ercise duty on cloth) act, 1953 30 (12 of 1953) section i-in sub-section (2), omit "except the state of jammu and kashmir" seclion 2,-for clause (a), substitute-"(a) 'appointed day' means,-35 (i) 'in relation to the state of jammu and kashmir, the date on which the jammu and kashmir (extension of laws) act, 1956, comes into force in that state; and ~ (ii) in relation to the rest of india, the 15th day of february, 1953;" section 3-in sub-section (1), for "the territories to which this act extends", substitute "india" the sajt ,cess act 19535 (49 of 1953)section i-in sub-section (2), omit "except the state of jammu and kashmir" section 3-for "the territories to which this act extends", substitute "india" 10 the companies act, 1956 (1 of 1956)section i-for sub-section (3) ,substitute-"(3) it extends to the whole of india: provided that it shall not apply to the state of jammu 15 and kashmir except to the extent to which the provisions of this act relate to the incorporation, regulation and winding up of banking nsurance and financial corporations" section 2-0mit clause (20) section 3-in sub-section (1), for sub-clause (f) of clause (ii), 20 substitute- "(f)' any law corresponding to any of the acts or the ordinance aforesaid and in force-(1) in the merged territories or in a part b state (other than the 'state of jammu and kashmir), or any part thereof, 25 before the extension thereto of the indian companies act, 7 of 1<113 1913; or part and 30 (2) in the state of jammu and kashmir, or any thereof, 'before the commencement of :he jammu kashmir (extension of laws) act, 1956;" in suh-sf'ction (2), omit clause (b) section 226-1n clause (a) of sub-section (2), before "entitling him to act", insert ",or of the jammu and kashmir (extension of laws) act, 1956,8s the case may be," 'i section 558-in sub-section (i), omit the explanatior! 35 section 565-1n sub-section (3), omit "or in the state of jam~l1 and kashmir" section 582-ln sub-clause (m) of clause (a), omit "or in the state of jammu and kashmir immedia~~ly before the 26th january, s 1950" i ordinance -the currency ordinance, 1940 (4 of 1940) section 1-111 sub-section (2), omit "except the state of jammu :::0 and kashmir" i section 2-for "the territories to which thir ordinance extends", and "the said territories", substitute "india" statement of objects and reasonsthe entries in the union list in the seventh schedule to the constitution in respect of which--parliament has power to make laws for jammu and kashmir are set out in the constitution (application to jammu and kashmir) order, 1954 central laws relating to some of these matters have already been extended to jammu and kashmir this bill is intended to e)ltend to the state some of the other central laws relating to these subjects govind ballabh pant new delhi; the 7th april 1956 financial memorandumthe extension to jammu and kashmir of some of the acts mentioned in the schedule to the jammu and kashmir (extension of laws) bill, 1956, will involve expenditure from the consolidated fund of india, but it is not possible to estimate the precise amount memorandum regarding delegated legislationclause 6 of the bill empowers the central government to issue orders in the official gazette for the removal of difficul\ies that may arise in giving effect to its provisions the bill seeks to extend various act1\ to the state 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--see for instance section 6 of the taxation laws (extension to merged states and amendment) act, 1949 (67 of 1949), section 7 of the part b states (laws) act, 1951 (3 of 1951) and section 8 of the taxation laws (extension to jammu and kashmir) act, 1954 (41 of 1954) clause 6 (2) of the bill indicates the principal matters in respect of which orders may be issued the delegation of legislative power, in the circumstances, is not of an exceptional character a bill to provide for the extension of certain laws to the state of jammu and kashmir the president has, in pursuance of clauses (i) and (3) of article i 17 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill secretary minister of home affairs) | Parliament_bills | 41b5358f-eb19-55dd-8fab-59392f55e8ec |
bill no lvi of 2011 the marriages (simple solemnisation, compulsory registration and prevention of wastage of food items) bill, 2011 abillto provide for the simple solemnisation of marriages so as to prohibit extravagant andwasteful expenditure and show of wealth on marriages, for the compulsory registration of all marriages solemnised in the country, and for prevention of wastage of food items during marriage functions and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-second year of the republic of india as follows:—short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state, and in other cases, the central government;(b) "designated authority" means an authority or an officer designated for the purpose of registration of marriages under this act;510(c) "expenditure on marriage" includes expenditure incurred by either bridegrooms side or by brides side, as the case may be, during marriage celebrations such as on invitation cards, decoration, tented pandals, illumination, fireworks, luncheon, dinner, clothes, ornaments, gifts, hiring of a baraat ghar, community centre, banquet hall, or gated or ordinary hotel, farm house, parks and such other places, band, musical groups and dancers, jockeys film and television stars, helicopter or aircraft, cars and other vehicles, flower and other decorations, horse and horse driven chariots, anything considered as dowry or streedhan and any other expenditure incurred during the celebration of marriage or during hosting of reception thereof;(d) "prescribed" means prescribed by rules made under this act15c o m p u l s o r y solemnisation of simple marriage3 (1) notwithstanding anything contained in any other law for the time being in force or of any custom or ritual, all marriages shall be solemnised in a simple manner without incurring extravagant and wasteful expenditure and show of wealth and lavish spending thereon20(2) without prejudice to the generality of the provisions contained in sub-section (1), the solumnisation of simple marriage shall include:(a) the limit of expenditure of marriage to the tune of twenty five per-cent of the annual income of the family subject to a ceiling of rupees five lakhs whichever is lower;25(b) if any family intends to spend more than rupees five lakhs towards expenditure on marriage such family shall declare the amount proposed to be spent in advance to the appropriate government and contribute ten per cent of such amount in a welfare fund which shall be established by the appropriate government to assist the poor and below poverty line families for the marriage of their daughters in such manner as may be prescribed30(3) the appropriate government shall prescribe necessary guidelines to be followed under the provisions of this act(4) whoever contravenes the provisions of this section shall be guilty of an offence under this act354 (1) notwithstanding any custom or ritual of any community, religion, tribe, or caste,the wastage of food items served during the celebration of a marriage or reception thereof is hereby prohibitedprevention of wastage of food items during marriage functions(2) without prejudice to the generality of the foregoing provision, the appropriategovernment may fix the limit of guests and relatives and number of dishes to be served to the guests and relatives for the solemnisation of marriage or for the reception held thereafter as it may deem necessary or expedient to prevent the wastage of food items40(3) whoever contravenes the provisions of this section shall be guilty of an offenceunder this actcompulsory registration of marriages455 (1) notwithstanding anything contained in any other law for the time being in forceor in any custom or usage to the contrary, all the marriages solemnised in the country after the commencement of this act shall be registered within sixty days of the solemnisation ofmarriage in such manner as may be prescribed(2) for the purposes of sub-section (1), the appropriate government shall, by notification in the official gazette, designate an authority or an officer for registration of marriage where no such authority or officer exists, in each district within its territorial jurisdiction(3) the designated authority shall maintain a register of marriage containing such particulars and details as may be prescribed and shall also keep the same in electronic form5(4) the appropriate government shall prescribe the documents relating to solemnisationof marriage which shall be furnished for the registration of marriage(5) after the registration of marriage under this section, a marriage certificate shall be issued to the married couple giving such details as may be prescribed10(6) notwithstanding anything contained in any other law for the time being in force orany custom, the marriage solemnised after the commencement of this act shall be null and void, if not registered within sixty days of solemnisation of such marriage| 6 | whoever,— ||--------------------------------------------------------------------------------------|-------------|| penalty | || ( | a || imprisonment for a term which may extend to three years and also with fine which may | || extend to five lakh rupees; | |15| ( ||--------------------------------------------------------------------------------------|| imprisonment for a term which may extend to one month and also with a fine which may || extend to fifty thousand rupees; |20| ( ||----------------------------------------------------------------------------------------|| information in registering his marriage shall be punishable with simple imprisonment || for a term which may extend to six months and also with a fine which may extend to two || lakh rupees |7 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide funds25power to remove difficulty8 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appears 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 act30act to have overriding effect9 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to marriages35power 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 reasonsour nation is known for unity in diversity because of people of different religions, groups, castes, communities live together who have their own or different cultures, customs, traditions to follow but one thing is perhaps common and that is marriage which is treated as an institution great importance is assigned to the solemnisation of marriage between two individuals—male and female but unfortunately, these days a tendency of celebrating marriages with pomp and show and spending lavishly is growing in the country millions of rupees are spent on decorated shamianas or banquet halls followed by sumptuous feasts with muscial groups performing in the backdrop video jockeys doing anchoring some people even spend crores and crores of rupees on solemnisation of marriage in five or seven star hotels where thousands of baraatis attend the ceremony who come by helicopters substantial cash and gifts sometimes even costly cars and other valuable items are given as shagun many people use this occasion to spend their black money media gives wide publicity in page three to such marriages this trend or craze is getting momentum but the poor people who are in majority, cannot afford to arrange money for such a luxury and despite that they take loans on very high rate of interest and become indebted this tendency needs to be checked through law by minimizing the role of money on an auspicious occasion like marriageanother tendency that is also noticed during the marriage ceremonies is wastage of food items on a large scale in one marriage tones of foods is wasted which could fill the bellies of many poor people in a poor country like ours where nearly half of its population does not get two square meals a day, wastage of food is certainly be treated as a crime in pakistan, in marraige parties, one can serve only four dishes to the guests and wastage of dishes is treated as criminal wastage the number of guests too are restricted similar action needs to be taken in our country alsorecently, the supreme court of india moved by the plight of women fighting for their right under wedlock ruled that all marriages should be registered this ruling of the apex court is yet to be implementedhence this bill financial memorandumclause 5 of the bill provides for appointment of the designated authority or officer in every district of the country clause 7 makes it mandatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible to quantify the amount at this juncture however, it is estimated that a sum of rupee two hundred crore may involve as recurring expenditure per annum a sum of rupee five hundred crore may also involve as non-recurring expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for the carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— abillto provide for the simple solemnisation of marriages so as to prohibit extravagant and wasteful expenditure and show of wealth on marriages, for the compulsory registration of all marriages solemnised in the country and for prevention of wastage of food items during marriage functions and for matters connected therewith and incidental thereto———— | Parliament_bills | 8e580204-8fc4-5db4-8188-82f1470d42e4 |
bill no 52 of 2018 the constitution (scheduled castes and scheduled tribes) orders (amendment) bill, 2018 by shri faggan singh kulaste, mp a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution (scheduled tribes) (uttar pradesh) order, 1967be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (scheduled castes and scheduled tribes) orders (amendment) act, 20185(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointco 192 in the schedule to the constitution (scheduled castes) order, 1950, in part xviii —uttar pradesh, entry 36 shall be omittedamendment of the constitution (scheduled castes) order, 19503 in the schedule to the constitution (scheduled tribes) (uttar pradesh) order, 1967, in entry 6, the brackets and words "(in the district of mehrajganj, sidharth nagar, basti, gorakhpur, deoria, mau, azamgarh, jaunpur, ballia, ghazipur, varanasi, mirzapur and sonbhadra)" shall be omittedamendment of the constitution (scheduled tribes) (uttar pradesh) order, 1950 statement of objects and reasonsthe "gond" community has been included in the lists of both the scheduled castes and the scheduled tribes in relation to the state of uttar pradesh while the persons belonging to gond community residing in certain districts like mehrajganj, sidharth nagar, basti, deoria and mau of the state of uttar pradesh are being treated as the scheduled tribes, the persons belonging to this community residing in other districts are being treated as the scheduled castes initially, the persons belonging to the gond and other sub-tribes were treated as the scheduled castes but later on gond along with dhuria, nayak, ojha, pathari, raj gond have been included in the list of the scheduled tribes in relation to certain districts of the state of uttar pradeshthere have been constant demands from the persons belonging to the gond and other sub-tribes for exclusion of their names from the list of the scheduled castes and inclusion in the list of the scheduled tribes so that they can enjoy benefits of reservation and other facilities as the scheduled tribes throughout the state of uttar pradesh without any restriction of residence in the state of uttar pradeshin view of the long pending demand, it would be proper that persons belonging to gond and other sub-tribes are given status of the scheduled tribes throughout the statethe bill, therefore, seeks to amend the constitution (scheduled castes) order, 1950and the constitution (scheduled tribes) (uttar pradesh) order, 1967 with a view to remove anomaly in the aforesaid orders and giving the status of the scheduled tribe to the persons belonging to gond, dhuria, nayak, ojha, pathari and raj gond tribes throughout the state of uttar pradeshnew delhi;faggan singh kulastefebruary 8, 2018 financial memorandumclause 2 of the bill seeks to include 'gond' and its sub-tribes in the list of scheduled tribes in respect of the state of uttar pradesh the bill, therefore, if enacted, would involve additional recurring expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to this tribe under the ongoing central schemes meant for development of the scheduled tribes at this stage, it is not possible to give the exact amount to be incurred on this account however, it is expected that a recurring expenditure of about rupees one hundred crore will be involved annuallyno non-recurring expenditure will be involved annexurethe constitution (scheduled castes) order, 1950(co 19)the schedulepart xviii—uttar pradesh36 gond [excluding mehrajganj, sidharth nagar, basti, gorakhpur, deoria, mau, azamgarh, jonpur, balia, gazipur, varanasi, mirzapur and sonbhadra districts]the constitution (scheduled tribes) (uttar pradesh) order, 1967(co 78)6 gond, dhuria, nayak, ojha, pathari, raj gond (in the districts of mehrajganj, sidharth nagar, basti, gorakhpur, deoria, mau, azamgarh, jonpur, balia, gazipur, varanasi, mirzapur and sonbhadra)———— a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution (scheduled tribes) (uttar pradesh) order, 1967————(shri faggan singh kulaste, mp)gmgipmrnd—4155ls(s-3)—19022018 | Parliament_bills | 43424f81-449e-5e10-8271-310592a5a071 |
bill no 182 of 2017 the prevention of corruption (amendment) bill, 2017 by shri sunil kumar singh, mp a billfurther to amend the prevention of corruption act, 1988be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 (1) this act may be called the prevention of corruption (amendment) act, 2017short titleamendment of section 1749 of 198852 in section 17 of the prevention of corruption act, 1988 (hereinafter referred to as the principal act), the following proviso shall be added at the end, namely:"provided also that a police officer investigating into an offence referred to in clause (e) of sub-section (1) of section 13 shall compulsorily inquire into and, as far as possible, find out the sources of and the manner of acquiring the pecuniary resources or property disproportionate to the known sources of income of a public servant and the extent of role of other public servants in commission of such offence"amendment of section 193 in section 19 of the principal act, in sub-section (1), the following proviso shall be added at the end, namely:—5"provided that where a decision regarding granting or withholding the previous sanction is not taken within a period of four months from the date of seeking previous sanction, the previous sanction shall, after the expiry of the said period, be deemed to have been given by the central government or the state government or the competent authority, as the case may be" statement of objects and reasonsat present, corruption is the biggest problem afflicting our country it is difficult to assess the extent of damage that corruption has done to our country corruption devalues human rights and hampers growth it is urgently required to put in place the strongest possible laws to check corruption at the same time, it is also equally important that these laws are implemented in an effective manner increase in quantum of punishment to and fine on people involved in corruption will be a step in that directionin various raids conducted during the past few years, some public servants including those belonging to group 'c' and 'd' categories have been found to have amassed crores of rupees which is beyond their known sources of income these assets are alleged to have been acquired through illegal gratifications thus, a provision should be made in the act to find out how and from where such assets were acquired by the public servants obtaining prior sanction from the competent authority to initiate the process of prosecution against public servants accused of corruption is a major stumbling block there is a popular perception in the country that necessary effort must be made to prevent corruption it is therefore, necessary that the process of sanctioning prosecution should be completed within a stipulated time framehence this billnew delhi;sunil kumar singhjuly 5, 2017 annexure extract from the constitution of india (49 of 1988)17 notwithstanding anything contained in the code of criminal procedure, 1973, no police officer below the rank,—persons authorised to investigate(a) in the case of the delhi special police establishment, of an inspector of police; (b) (c) provided that if a police officer not below the rank of an inspector of police is authorised by the state government in this behalf by general or special order, he may also investigate any such offence without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make arrest therefore without a warrant:provided further that an offence referred to in clause (e) of sub-section (1) of section 13shall not be investigated without the order of a police officer not below the rank of a superintendent of police19 (1) previous sanction necessary for prosecution(2) where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the central government or the state government or any other authority, such sanction shall be given by that government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed ———— a billfurther to amend the prevention of corruption act, 1988————(shri sunil kumar singh, mp) | Parliament_bills | d5cf0648-9eb1-5c26-8419-7a77d30a72ac |
bill no 101 of 2016 the telecom regulatory authority of india (amendment) bill, 2016 byshri dushyant chautala, mpa billfurther to amend the telecom regulatory authority of india act, 1997be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement 24 of 1997amendment of section 14c52 in the telecom regulatory authority of india act, 1997, in section 14c, in clause (a)for the words "is, or has been, a judge of the supreme court or the chief justice of a high court" the words "is a judge of the supreme court or the chief justice of a high court or an advocate for at least ten years in a high court or of two or more such courts in succession" shall be substituted statement of objects and reasonsthe concept of separation of powers was proposed by montesquieu in the sixteenth century and the concept of equal opportunity has been highlighted by the makers of the constitution through various provisions these two ideas are required to be incorporated in the telecom regulatory authority of india act, 1997 which provides for establishment of a telecom regulatory authority of india and telecom dispute settlement and appellate tribunal to regulate the telecommunication services, adjudicate disputes, dispose of appeals to protect the interests of service providers and consumers of telecom sectorthe executive, the legislature and the judiciary are known as the three pillars of democracy it is believed that the three should function independently without major intervention of each other and that would ensure that the respective duties are discharged in the best possible manner however, at the same time, there should be sufficient check and balance on these three wings so as to avoid one of them from becoming totalitarian in nature, in india, the check and balance system has been working effectively however, it has come to notice that some of the tribunals and commissions have exclusive provisions where retired judges of the supreme court or the high courts are being appointed by the executives this lies absolutely against the spirit of constitutiontherefore the amendment is put forth to remove the provision for appointment of retired judges as chairperson and members thus only a sitting judge of the supreme court or a high court, as the case may be, can be appointed to this post if that judge wishes to leave his office of judge voluntary and assents to join tribunalthe second part of the amendment makes provisions wherein an advocate with not less than ten years of practice becomes eligible to be appointed as the chairperson of the tribunal the rationale of such could be found in our constitution which provides appointment of advocates with certain years of practice as judge of the supreme court or a high court the same should be applied for tribunals this will facilitate the speedy disposal of the cases in front of the tribunals this shall facilitate the speedy disposal of the cases pending in tribunals because the positions in the tribunals shall not remain vacant for long this also captures the idea of providing equal opportunity to people with equal experience and eligibilitytherefore, the proposed amendment is to ensure that the doctrine of checks and balances and right to equality is maintained annexure extract from the telecom regulatory authority of india act, 1997 (act no 24 of 1997) 14c a person shall not be qualified for appointment as the chairperson or a member of the appellate tribunal unless he—(a) in the case of chairperson, is, or has been a judge of the supreme court or the chief justice of a high court; lok sabha———— a billfurther to amend the telecom regulatory authority of india act, 1997————(shri dushyant chautala, mp)gmgipmrnd—34ls(s3)—25042016 | Parliament_bills | 99b98948-29b9-5ccf-9818-724401e08dea |
the appropriation (railways) bill 1987 a billto ~ pgjlment and appropriation of certain sums from and out of the coftbolidated fund of india for the services of the financiat year 1987-88 for th'e purpose, of railways be it enacted by parliament in the thirty-eighth year of the ft~b~ of incue as follows:-1 this act may ~ called the appropriation (railways) act, 1987 short title , 2 from and out of the consolidated fund of imdia 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 fourteen tllousand bevejl hundred and seventy-five crores, forty-four lakhs and two thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1987-88, in respect of the services 10 reitiq te railways specifled in column 2 of the schedule issue ot re1477', 44,02,000 out of tho consolidated fund ofindla for the :ftnancial year 1987-88 appropri ation 3 the sums \i\horised to be paid and applied from and out of the consolidated fund of india by this act shan be appropriated for the services amct purposes expr~~ in the schedule in relation to the said year, the scheduleno services and purposes or vote ---1:-__ rs rs railway board rs, i 7,33,70,000 7,33,70,000 10 i" , i 2 miscellaneous expenditure (general) 4s,95,86,ooo 4s,9s,86,ooo i 34o,9s,01,ooo general s" perintendence and services on railways :j"p,ooo 340,97,43,000 4 repairs and maintenance of pennanent way and works 705,79,27,000 _2,20,000 is 7os,81,47,000 5 repairs and maintenance of motive power 589,64,43,000 589,65,76,000 1,33,000 6 776,90,29,000 20 repairs and' maifttenance of carriages and wagons 776,87,74,000 2,ss,ooo' 7 repairs and maintenance of plant and equipment 382,51,76,000 2,00,000 382,53,76,qoo 8 operating e~rouidg stock and equipment , 590,05,66,000 2,00,000 \ 590,07,66,000' operating expcnsei--traffic 693,84,94,000 9 693,8~,59000 25 operating expenses- fuel ' 10 1234,48,46,000 j234,49,li5,ooo , 90,otjo staff welfare and amenities' 1 j 244,s6,s3,000 244,57,20,000 miscellaneous working expenses 341,43,42,000 349,52,14,000 463,50,63,000 provident fund, pension other retirement benefits and i \ 3,r r &1,000 466,6241000 30 appropriation to funds 1933,qo,oo,000 ~ 933,oo,oo~000 35 681,2577,0()0 dividend to general revenues, repayment of loans taken from general revenues and amortiziltion or ow:r·capitalization 16 asseti-acquisitioll, constl'uction ud replacement-reveoue 29,99soooo otlwr expnu/ltun 30,oooqooo ',40 capital 4134,52,88,000 1,98,00,000 4136,so88jjoo railway funds 1566,20,18,000 riso,ooo 11566,3j,68,ooo , ---- -_ _-_ _-j------t t total 1~161,95,74,~ i r3p~k,ooo :114175~44,o2,ooo ---------------------------------------------, statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india ~d the grants made by lok sabha in respect of the estimated expenditure of the central government on railways for the financial year 19~7-88 madha vrao scindia president's recommendation under article 117 of the constitution of india[copy of letter no 87-b-401, dated the 25th february, 1987 from shri madhavrao scindia, minister of state of the ministry c4 railways to the secretary-general, lok sabha] the president, having been informed (if the subject matter of the proposed appropriation bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 1987-88 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and consiceration by lok sabha of the appropriation bill i a billto authorise payment and appropriation of certain sums from and out of the coniolidtneci fund of india for the services of the financial year 1,,as for the purpoaes of railways (shri madmvrao scindia, minister of state of the ministry of railways) | Parliament_bills | ec15b2ce-36b2-5a9c-86eb-a1239774a062 |
8m no 93 of 1976 the electricity (supply) amendment bill, 1976 a billfurther to amend the electricity (supply) act, 1948 bb it enacted by parliament in the twenty-seventh year of the republic of india as follows:-1 (1) this act may be called the electricity (supply) amendment short act, 1976 title and ctml-5 (2) it shall be deemed to have come into force on the 8th day of mence-october, 1976 ment 54 of 1141 % in section 1 of the electricity (supply) act, 1948 (hereinafter \ amendreferred to as the principal act), for su~section (3), the following subment of section shall be substituted, namely:-ection l "(3) this section and sections 2, 3, 4, 4a, 4b, 4c, 15a, 18a, 26a, 28 to 34 (both inclusive), sub-section (2) of section 39, section 42, sub-section (3) of section 43 and sections 57, 57a, 57b, 58, 75a, 76, 77, 77a, 77b, 77c, 82 and 83 and the provisions of the sixth and seventh schedules shall come into force at once", 3 in section 2 of 'the principal act,-~ tol akaa2 (a) after clause (4) the following clause shall be inserted, namely:-'(4a) "generating company" means a company formed-(0) either by the central government or by any state s goverrunent; ot (b) jointly by the central government and one or more state governments or by two or more state governments, and registered under the companies act, 1956;'; 1 of lui (b) in clause (5),-10 (i) after the words "including any buuding and plant", the brackets and words "(with step-up transformer, switchgear, cables or other appurtenant equipment, if any)" shall be inserted; (ii) the words "for transforming, converting or distributing electricity" shall be omitted; is (c) in clause (6), for the words and figures "but, the provisions of section 26 of this act notwithstanding, does not include the board", the words, figures and letter "but, the provisions of section 26 or 26a of this act notwithstanding, does not include the board or a generating company" shall be substituted; ao (d) after clause (8), the following clause shall be inierted, iwilely:-- (8a) "power system" means a system under the control· ot the government or any board or generating company or other agency and having one or more-3s (i) generating stations; or (ii) main transmission lines and su~stations; or (iii) generating stations and main trammtlillod lbiea and su~stations;'; (e) in clause (9), for the warda and figures "made under section 30 78", the words iimade under this act" shall be substituted; (f) after clause (11), the following clauses shall be inierted, namely:-'(lla) "sub-station" means a station for transforming or converting electricity for the transmission or distribution thereof 3$ and includes transformers, convertors, switchgear, capacitors, synchronous condensors, structures, cables and other appurtenant equipments and any buildings used for that purpose and the iilte thereof, a site intended to be used for any such purpose and any buildings used for housing the staff of the su~stat1on: 40 (11b) "tie-line" means a line for the transfer of electricity between two power systems together with switehgear and ether works necessary to, and used for, the control of such uae;'; (9) in clause (13), after the words "the board", the wol'da " generating company" shall be inserted to lamction 3 of the principal act,-(1) in sub-section (1),-(a) in clause (i), for the words "and particularlyto __ jrdinate the activities of the planning agencies", the words "formulate short-term and perspective plads for power development and co-ordinate the activities of the planning agencies" shall be substituted; 10 (b) for clause (iiil), the following clause shall be substituted, namely:-"(iii) collect and record the data concernin,g the generation, distribution and utilisation of power and carry out studies relating to cost, efficiency, losses, benefits and such like mattersj"; (0) after clau$e (iv), the following clauses shall be inserte4, ll8iilely: -"(v) advise any state government, board, generating company or other agency engaged in the generation or ~pply of electricity on such matters as will enable such govemment, board, generating company or agency to operate and maintain the power system, under its ownership or control, in an improved manner and, where necessary, in co-ordination with any other government, board, generating company or other agency owning or having the control ot another power system; (vi) promote and assist in the timely completion of schemes sanctioned under chapter v; (vii) make arrangements for advancing the skill of persons in the generation and supply of electricity; 30 (viii) carry out, or make arrangements for, any investigation for the purpose of generating or transmitting e1eo-~ricity; (il) promote research in matters aff~idg the genera·-tion, transmission and supply of electricity; 35· (%) advise the central government on any matter on which its advice is sought or make recommendation to that government on any matter if, in the opinion of the authority, the recommendation would help in improving the semeration, distribution and utilisation of electricity; and (,ti) discharge such other :functions as may be entrusted to it by or wlder any other law"; (2) in sub-section (2), for the words "not more than six: members", the s '~t more tban fourteen members of whom not more tbail eipt thall full-time memlters" shall be substituted; (3) after subaection (2), the following sub-aection shall be ~ed, n~y:--"(2a) a full-time member shall be a person who has e~ri~nc of and has shown capacity in,-(a) design, construction, operation and maintenance of generating stations; (b) transmission and supply of electricity; (c) applied research in the field of electricity; (d) applied economics; or (e) industrial, commercial or financial matters"; (4) in sub-section (3) for the words "ode of the members", the words "ode of the full-time members" shall be substituted; 10 (5) after sub-section (4) the following sub·section ahan he inserted namely:-if (4a) the chairman of the authority and the other full-time members shall receive such salaries and allowadces as may be determined by the central government and the other members is shall receive such allowances and fees for attendijl& the meetidp of the authority, as the central government may prescribe (4b) the other terms and conditions of ernee of the members of the authority [iddudin, subject to the provisiodl of hsection (4), their terms of ofticej shall be such as the centrai2q governmedt may prescribe"; (6) in sub-section (5),-(i) for the words "be directly or indirectly concerned or interested in or have any share or interest", the words "have any share or interest for his own benefit, whether in his own name or 2s otherwise," shall be substituted; (ii) for the words "fuel, solid or liquid, for the generation of electricity", the words "fuel, in whatever form, for the generation of electricity or in the manufacture of electrical equipment" shall be iubstituted; 30 (7) for sub-section (7) the following sub-sections shall be substituted, namely:-"(7) the chairman of the authority may, by order, appoint any two or more members of the authority to act on behalf of the authority in relation to any matter referred to in clause (ii) 3' of sub-section (1) (8) no act or proceeding of the authorit1 shall be invalid merely on the ground of the existence of any vacancy in, or any,· defect in the constitution of, the authority i in section 4 of the principal act,-amendmentof pelton 4 (ii) for the words "state electricity board", the words "state electricity board, generating company," shall be substituted; (b) after the words "or his own use", the words "or consuibijl electricity" shall be inserted: (c) for the words "and returns", the words u, returns or other information" shan be substituted 6 after section 4 of the principal act, the followini sections shall be inserted, namely:-"4a (1) in the discharge of its functions, the authority shall be guided by such directions in matters of policy involving public interest as the central government may give to it in writing (2) if any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the cen-10 tra! government thereon shall be final lnaertion of new aectioa oia,d and4c i)kec tiona by central government to the authprity power of central governmeat to make rules 4b (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes 0 t this chapter (2) in particular and without prejudice to the generality of the is foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the functions and duties of the authority and the manner in which such functions and duties shall be exercised and performed, wlder sub-section (1) of section 3; (b) the terms anq conditions of service of the chairman and other members of the authority, (including the allowances and fees payable to members, but not including the salaries and allowances payable to the chairman and other full-time members, of the authority) under sub-section (4a) and sub-section (48) of section 3; (c) any other matter which is required to be, or may be, prescribed by the central government 3s (3) every rule made by the central government under this chapter 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 sucees sive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both housel 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 4c the authority may make regulations, not inconsistent with the provisions of this act and the rules made by the central government thereunder, to provide for all or any of the following matten, namely:-power ot authority to make regula tiodl (4) summoning and holding of meetings of the authority, the times and places at which such meetings shall be held, the eo-duct of business thereat and the number of members requirei constitute a quorum; (b) any other matter arising out of the function of the authority under this act for which it is ll8ceiiaty <lr expedieqt te make reeulations" 7 in chapter iti of the principal act, for the heac:utw "&raft ~ triclty boards", the following heading shall be substituted, namely:-s "sta'l'b electricity boards generating compands statz elecrriclty ooratmta'rft councilb and lrx1at advj80ry cimmuius·' substitution of new beadinl for beadin& under ch~jit :i after aeetion 16 of the principal act, thefol»winl aeetiou shall be mnted, namely:-u15a (1) the ceatral govenameat or any state government, 01' 10 the centraj·gcrftnuneut an4 one 01' more state gevei'llllledu, or two or'mojle'8iiitelgovennneats, jeibtly may fol'lll geil tidt'o'- y with such name as may be specified in the memorandum of tioa t dlec r (2) the main objects of a generating company shall be-is insertion of new aectloil 15a formation, objects jurisdictjoq, etc of general idl companies (i) establishing, operating and maintaining generating aathmaand tie-jides, sub-!stationsand main trabsmission unes connected therewith; (ii) operating and maintaining such generating stations, tielines, sub-stations and main transmission lines as are assigned to 30 it by the government or governments forming the generating company (hereinafter referred to as the promoting government) (3) the generating company shall carry on ita agihitles wltblll suc:hareas as the promotingpvemll'mmt or :prometillg governments may, from time to time, lpic'fy in iiiia mbalt 2s ~4) such 'ruzaber of the jdeidbers of tlaebeard , ~inetors of - ~idg·co"""7·88tbe pjoiileting pyel'dlll8llttlabaks , where ·tiaee-are '8101'8 plolllllttidg pv8l'd1lleote tbaa as may ita· 1ijiioii , liieil premetiag fovemments, may lie - , fidwime __ 5 daaeof 30 (5) a full-time member of the board of directors of a generating company shall be a person who has experience of, and bas shown capacity in,-(4) design, construction operation and maintenance of generating stations; 35 (b) transmission and slipply ot electdcity; (e) applied economics; (d) organising workers; (e) industrial, commercial or financial matters; or (1) administratioft in a govemmedt ·j!)epar ttilent nr otlutr 40 establishment (6) the provisions of section 9 shall so far as may be, apply to every member of the board of directors of a generating company as they apply to a member of the board 10 (7) a company within the meaning of section 3 of the companies act, 1956, formed before the commencement of the electricity (su{::ply) amendment act, 1976, by the central government or any state government or the central government and one or more state governments, or two or more state governments, jointly and functioning on such commencement, having as ita main objeets all or any of the matters specifted in sub-section (2), shall be deemed, for ad purposes, to' be a 'generating company under this act" t in section 16 of the principal act,-amendmeat!tif' aectloq,l e is (1) in sub'section(2), for the words "the member& of the board", the word's "the members of the board and if there are any generating company or generating companies operating in the state, one representative of the generating company or each of the generating companies, to be nominated by the generating company concerned," shall be substituted: (2) in sub-section (5),-(g) in clause (i) and clause (ii) , for the words cthe board" the words "the board and the generatil:lg ccnnpay or generating companies, i~ any, operating in the state" shall be substituted; (b) in clause (iii), for the words "the board", the words 'ithe boani or the generating company or generating companies, if ~s any, operating in the state" shall be substituted 1'0 in chapter iv of the principal act, in the headillg for thf:' words "state elec'l'ricity bo~, the words "state elecnucrrv boards and cdiilating companil!'s" shall be substituted 11 for section 18 of the principal act, the following sections shall be 30 substituted, narnely:-amendmentof heading under chapter iv subtltution ot new aectloill tor section 18 "18 subjeet to the provisions of this act the board shall be charged with the following general duties, namely:-general duties otthe board 3s (a) to arrange, in co-ordination with the generating company or generating companies, if any, operating in the state, for the supply of electricity that may be required within the state and for the transmission and distribution of the same, in the most efficient and economical manner with particular reference to those areas which are not for the time being supplied or adequately supplied with electricity; (b) to supply electricity as sogn -practicable to a licensee or other person requiring such supply if the board is competent under this act so to do; i < (c:) to exercise such control in relatiell to the generation, ctistrfbution and utiusatien of electricity wiilfllin the state u ie jft'6~ed for by or under this "-t; (d) to collect data on the demand for, and the use of, electricity and to formulate perspective plans in co-ordination with the generating company or generating companies, if any, operating in the state, for the generation, transmission and supply of electricity within the state; s (e) to prepare and carry out schemes for transmislion, distribution and generally for promoting the use ot electricity within the state; and (1) to operate the generating stations under ita control in co-ordination with the generating company or generating com- 10 panies, if any, operating in the state and with the govemment or any other board or agency having control over a power synm 18a (1) subject to the provisions of this act, a generating company shall be charged with the following duties, namely:-dutte 01 genera-unc compadj (a) to establish;, operate and maintain such generating is stations and tie-lines, sub-stations and main transmission lines connected therewith, as may be required to be established by the promoting government or promoting governments in ~lation to the generating company; (b) to operate and maintain in the most efficient and economi- 20 cal manner the generating stations, tie-lines, sub-stations and main transmission lines, assigned to it by the promoting government or promoting governments in co-ordination with the board or boards, as the case may be, and the government or agency having control over the power system, if any, connected therewith; 2s and (c) to carry out subjt"-t't to the provisions of section 21, detailed investigations and prepare schemes, in co-ordination with the board or boards, as the case may be, for establishing generating stations and tie-lines, sub-stations and transmission lines con- 30 nected therewith, in such manner as may be specifted by th~ authority (2) without prejudice to the generality of its duties under section 18, the board shall, until a generating company begins to operate in any state, perform the duties of a generating company under this 35 section in that state" 12 for section 20a of the principal act, the following section shall be substituted, namely:-substi'utionof new section for aectlon 20a leasing out, etc, of generatin, btatiou "20a the state government may, in respect ot any generating station owned by it (including transmission lines and other worb 40 connected therewith) make arrangements with the board or a generating company for its operation and maintenance on such terms and conditions as may be agreed upon between the state governmarit and the board or the generating company, as the case may be" d in section 21 of the principal act, in the opening paragraph,- 4s (a) for the words "the board may", the words uthe board or a generating company may" shajl be substituted; amendulent of sectioa j (b) for the words "in the opinion 01 the board", the words "in thie opinion of the board or the generating company, as the case may be," shall be substituted; (~) the words "and in such manner as the authority may, from ~ time to time, specify" shall be inserted at the end 14 after section 26 of the principal act, the f~lowing section shall be inserted, namely:-9 of 1910 10 "26a (1) notwithstanding anything contained in sub-section (2), nothing in the indian electricity act, 1910, shall be deemed to require' a generating company to take out a licence under that act, or to obtain sanction af the state government for the purpose of carrying on any of its activities 8 of 1910 insertion of new section 20a applicabilityor the'provisiona of act 9 ot 1910 to geileratoingcompadil' is (2) subject to the provisions of this act, sections 12 to 19 (both inclusive) of the indian electricity act, 1910 and clauses xiv to xvii (both inclusive) of the schedule thereto, shall, as far as may be, apply in relation to a generating company as they apply in relation to a licensee under that act (hereafter in this section referred to as the licensee) and in particular a generating company may, in connection with the performance of its duties, exercise-20 9 of 1910 (a) all or any of the powers conferred on a licensee by subsection (1) of section 12 of the indian electricity act, 1910, as if-(i) the reference therein to licensee were a reference to the generating company; (ii) the reference to the terms and conditions of licence were a reference to the provisions ~ this act and to the articles of association of the generating company; and (iii) the reference to the area of supply were a reference to the area specified under sub-section (3) of section 15a in relation to the generating company; 30 9 of 1910 (b) all or any of the powers conferred on a licensee by subsection (1) of section 14 of the indian electricity act, 1910, as if-(i) the references therein to licensee were references to the generating company; and 35 (ii) the generating company had the powers of a licensee under the said act :j of 1910 (3) the provisions of section 30 of the indian electricity act, 1910, shall not~ply to the transmission or use of energy by a generating company 40 p of 191\) (4) for the removal of doubts, it is hereby declared that sections 31 to 34 (both inclusive) of the indian electricity ac't, 1910, shall apply to a generating company" ls in section 27 of the principal act, for tne words "the board", the 4~ wqrds "the board qr ~ g~neratin8 company" shall b~ substituted amendment of sec tion 27 16 in chapter v of the principal act, for the heading, the following heading shall be substituted, namely:- lithe works and trading procedure of the board and the genera'r- ing company"17 for sections 28 and 29 of the principal act, the following sections s shall be substituted, namely:-substi_ tution of new heading for heading under chapter v substitutionof new 8ec-tiona for sectiona 28 and 29 preparation and sanctioning of schemes 1'28 (1) for the efficient performance of its duties under this act, the board or a generating company, as the case may be, may prepare one or more schemes, relating to the establhhment or acquisition of generating stations, tie-lines, sub-stations or transmission lines as are 10 referred to in clause (e) of section 18 or clause (e) of sub-section (1) of section 18a, as the case may be (2) the board 'or, as the case may be, the generating company, which has prepared a scheme, may sanction such scheme either generally or in respect of any part of the area specified in the scheme and is where a scheme has been sanctioned in respect of any part of the area, such scheme may subsequently be sanctioned in respect o£ any other part of that area: provided that where the scheme is of the nature referred to in sub-section (1) of section 29, the scheme shall not be sanctioned 20 (generally or for part of an area) by the board or the generating company except with the previous concurrence of the authority (3) every scheme sanctioned under this section shall be published in the official gazette and in such local newspapers as the board or, as the case may be, the generatii'lg company may consider 25 necessary 29 (1) every scheme estimated to involve a capital expenditure exceeding one crore of rupees shall, as soon as may be after its preparation, be submitted to the authority for its concurrence submia-8iol101 schemes for concurren~ of authority, etc (2) before finalisation of any scheme of the nature referred to 30 in sub-section (1) and the submission thereof to the authority for concurrence, the board or, as the case may be, the generating company shall cause such scheme, which among other things shall contain the estimates of the capital expenditure involved, salient features thereof and the benefits that may accrue therefrom, to be pub1i~hed 35 in the official gazette of the state concerned and in such local newspapers as the board or the generating company may consider necessary along with a notice of the date, not being less than two montha after the date of such publication, before which licensees and other persons interested may make representations on such scheme (3) the board or, a's the case may be, the generating company may, after considering the representations, if any, that may have bet"n received by it and after maldng suc:h inquhies ~~ \~ ~hinks tit modify the scheme and the scheme so finally prepared (with or without modifications) shall be submitted by it to the authority along with the representations (4) a copy of the scheme finally prepared by the board or, as 5 the case may be, the generating company under sub-'sectioll: (3) shall be forwarded to the state government or state governments concerned: provided that where the scheme has been prepared by a generating company in relation to which the central government is the 10 promoting government or one of the promoting governments, a copy of the scheme finally prepared shall be forwarded also to the central government (5) the authority may give such directions as to the form and contents of a scheme and the procedure to be followed in, and any 15 other matter relating to, the preparation, submission and approval of such scheme, as it may think fit (6) in respect of any scheme submitted to the authority for its concurrence under sub-section (1), the board or, as the case may be, the generating company shall, if required by the authority so to 20 do, supply any information incidental or supplementary to the scheme within such period, being not less than one month, as may be specified by the authority" 18 in section 30 of the principal act,-amend-(a) for the opening paragraph, the following shall be substituted, ment ot ection namely:-30 "the authority shall, before concurring in any scheme submitted to it under sub-section (1) of section 29, have particular regard to, whether or not in its opinion-"; (b) in clause (a),-(i) the words "by the board" shall be omitted; 30 (ii) for the words "shall satisfy itself", the words "shall satisfy itself, after consultation with the state government, the central government, or such other agencies as it may deem appropriate," shall be substituted; 35 (c) after clause (e), the following clauses shall be inserted, namely:-"(1) in the case of a scheme in respect of thermal power generation, the location of the generating station is best suited to the region, taking into account the optimum utilisation of fuel resources, the distance of load centre, transportation facilities, water availability and environmental considerations; (g) the scheme conforms to any other technical, economic or other criteria laid down by the authority in accordance with the national power policy evolved by it in pursuance of the provisions contained in clause (i) of sub-section (1) of section 3 19 for sections 31, 32 and 33 of the principal act, the following sections shall be substituted, namely:-substitution of new ections for sections 31, 32 and 33 concurrence of authority to scheme submitted to it by board or generating company "31 (1) where a scheme is submitted to the authority under sub-section (1) of section 29, the authority may, having regard to the matters referred to in section 30, either concur in the scheme s without modification or require the board or, as the case may be, the generating company to modify the scheme in such manner as the authority specifies in the requisition so as to ensure that the scheme conforms to the national power policy evolved by the authority in pursuance of the provisions contained in clause (i) of sub-section 10 (1) of section 3 and in either case the authority shall also communicate its decision to the state government or state governments concerned: provided that where the scheme was submitted for concurrence by a generating company in relation to which the central govern- 15 ment is the promoting government or one of the promoting governments, the decision shall be communicated also to that government (2) where under sub-section (1) the authority requires that a scheme may be modified, the board or, as the case may be, the generating company may prepare a revised scheme in accordance with 20 such requisition and submit it to the authority for concurrence and' thereupon the authority shall, if satisfied that the revised scheme compli~ with the requisition, concur in the same power to alter or extend schemes 32 the board or, as the case may be, the generating company may, from time to time, alter or extend a scheme by a supplemen- 25 tary scheme prepared and sanctioned in the manner hereinbefore provided: provided that any alterations or extensions of a scheme which are, in the opinion of the board or, as the case may l}e, the generating company, minor in character may be made without preparing 30 a supplementary scheme: provided further that where any alteration or extension of the nature referred to in the first proviso is made in respect of a scheme concurred in by the authority, details of such alteration or extension shall be intimated to the authority as soon as may be after such 3s alteration or extension is made 33 the provisions of sections 28 to 32 (both inclusive) shall, so far as may be, apply also in relation to a scheme prepared by a state government for the generation, transmission or distribution of electricity" 40 provisions applicableto scheme prepared by state government amendment of section 34 20 section 34 of the principal act shall be re-numbered as sub-section (1) thereof and after sub-section (1), as so re-numbered, the followfng sub-section snail be inserted, namely:-"(2) notwithstanding anything contained in this act or any scheme made thereunder, no generating station owned by a generat- 4s ing company shall be designated as a controlled station" 11 section 38 of the principal act shall be omitted 22 section 39 of the prijicipal act shall be re-nuntberd iii sub-section (1) thereof and after sub-section (1), as so re-numbered, the following sub-section shall be inserted, namely:-~iutm of section 38 amendment of section 39 s "(2) where a generating company has been established having its activities wholly or partly in a state, the state government may direct the board to make over any generating station established or acquired by the board to the generating company subject to such terms and conditions as may be specified in the direction and the 10 'board shall comply with such direction: provided that where the central government is the promoting government or one of the promoting governments in relation to the generating company, no direction shall be made by any state government under this sub-section without the concurrence of t"le cen-is tral government" 23 in section 41 of the principal act,-amendmento! section 41 (a) in sub-section (1), for the words "the board", wherever they occur, the words "the board or a generating company" shall be substituted; 20 (b) in sub-section (2), for the words "the board may", the words "the board or a generating company may" shall be substituted 24 section 42 or the principal act shall be re-numbered as sub-section (1) thereof and after sub-section (1), as so re-numbered, the following 25 sub-section shall be inserted, namely:-amendmentof section 42 "(2) a generating company may, for the placing of wires, poles, wall-brackets, stays, apparatus and appliances for the transmission of electricity, or for the transmission of telegraphic or telephonic communicatior\s necessary for the proper co-ord'ination of the war,ks 30 of the generating company, exercise all or any of the powers which the board may exercise under sub-section (1) and subject to the conditions referred to therein" 25 in section 43 the principal act, after sub-section (2), the follow· ing sub-section shall be inserted, namely:-amendmentof iection 41 35 "(3) a generating company may, on such terms as may be agreed upon, enter into arrangements for the sale of electricity generated by it-(a) with the board constituted for the state or any of the states wherein such generating company is oper~tingj or (b) with any other persod with the consent of the government or governments which, in relation to that generating company, is the promoting government or promoting governments" 16 in section 44 of the principal act,-amendmentof section 44 (a) in sub-section (1), in the opening paragraph, after the words "created by a central act", the words "or any generating company" shall be inserted; (b) after sub-section (2), the following sub-section shall be in-5 berted, namely:-"(2a) the board shall, before giving consent under subsection (1), to the establishment or acquisition of a new generating station or to the extension or replacement of any major unit of plant or works, consult the authority, in cases where the 10 capacity of the new generating station or, as the case may be, the additional capacity proposed to be created by tlle extension or replacement exceeds twenty-five thousand kilowatts" 27 in section 72 of the principal act,-amendment of section 72 (a) for the words "the board", the words "the board or a gene- 15 rating company" shall be substituted; (b) for the words, "or that the board is unable so to develop", the words "or the generating company so to develop" 'shall be substituted 28 in section 73 of the principal act, for the words "the board shall 20 co-ordinate its activities", the words "the board and the generatin~ company shall co-ordinate their activities" shall be substituted • in section 74 of the principal act,-amendment of section 73 amendment of section 74 (a) for the words "servant of the board", the words "servant of the board or of a generating company" shall be substituted; 2s (b) for the words "authorised by the board", the words "authorised by the board or by the generating company i as the case may be," shall be substituted; (e) for the words "duties by the board", the words "duties by the board or by the generating company, as·the case may be," shall 30 be substituted 30 in section 75 of the principal act, in sub-section (3),-amendment of section 75 (a) for the words "or person", the words "or person or agency" shall be substituted; (b) the following proviso shall be inserted at the end, namely:- 35 "provided that nothing in this sub-section shall be deemed to empower the board to require a generating company to furnish it with any information or accounts" 31 mter section 75 of the principal act, the following sectit:>n shall be inserted, namely:-40 "75a (1) a generating company shan, before the expiry of the 31st december of each year, submit to the promoting government, or where there are more than one promoting government to all such promoting governments, a report giving an account of the activities, if any, which are likely to be undertaken by such gene- 45 rating company in the ensuing year together with a statement of tnaertionof new section 75a annual reports anel account of generating company the estimated capital and revenue receipts and expenditure for that year in such form as may be specified by the promoting government or, as the case may be, the promoting governments 5 10 (2) a generating company shall, as soon as may be after the end of each year, prepare a report giving an account of its activities during the previous year and shall, within six months from the date of closure of the year, forward to the promoting government, or where there are more than one promoting government, to all such promoting governments, the report together with a statement of accounts, in such form and containing such particulars as may be specified by the promoting government or the promoting governments, as the case may be, a copy of the balance-sheet and profit and loss account and the auditor's report, in relation to the accounts of the year aforesaid 15 (3) for the purpose of preparing the statement of accounts referred to in 'sub-section (2), the depreciation to be ,lrovided every year shall be calculated in accordance with the same method as laid down by or under this act for calculating depreciation in relation to the board 20 lot 1956 (4) the provisions ot sub-sections (1) and (2) shall be in addition to and not in derogation of the provisions contained in the companies act, 1956, in relation to reports, statement of accounts and other documents required to be prepared or kept or submitted by a company within the meaning of section 3 of that act" 32 in the fifth schedule to the principal act,-25 amendmentol fifth schedule (a) in the heading, for the words "by board", the words "by board or generating company" shall be substituted; (b) in paragraph i and paragraph ii, for the words "the board", wherever they occur, the words "the board or the generating c~m-30 pany" shall be substituted 33 in the sixth schedule to the principal act, in paragraph ii, after sub-paragraph (3), the following sub-paragraph shall be inserted, namely:-amendment olsixth schedule 35 "(4) on the purchase of the undertaking, after the expiry, or on the revocation, of its licence or otherwise, all amounts of rebate lying undistributed to the consumers on the date of such purchase shall be handed over to the purchaser who, in turn, shall enter the same in his books of account, under the heading consumers' rebate reserve and any amount lying undistributed in that reserve shall be carried forward for distribution to the consumer concerned: provided that the share of money in the consumers' rebate reserve payable to the con'sumers who are not traceable or who have ceased to be consumers in relation to that undertaking, may be utilised in the development works of the purchaser" 34 (1) the electricity (supply) amendment ordinance 1976, is hereby repealed repeal and savini (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal act as amended 5 by this act the country experienced serious power shortages during the last few years affecting the overall economy a study in depth revealed that it was necessary to restructure and reorganise the electricity supply industry the electricity (supply) act, 1948 forms the basis for the organisational structure of the electricity supply industry in the country it was, therefore, considered necessary to,) amend c~rtain provisions of that act and the electricity (supply) amendment bill, 1976, was introducad in the rajya sabha mainly to achieve the following objectives 2 it wa's proposed to enlarge the scope and functions of the central electricity authority in the interest of overall power development and to strengthen the central electricity authority to unjertake much larger responsibilities in evolving a national power policy, preparation of perspective and rolling plans, assisting in the timely completion of the power project3, maximising output from the existing power plants, developing a national grid and initiating programmes for research, development and training of personnel, etc 3 with a view to develop expertise in the construction and operation of power generating stations, it was considered necessary to provide for creation of generating companies both by the centre and the states mainly for p')wer generation provisions were, therefore, proposed to be made in the act for the establishment of generating companies by the central and state governments, individually or jointly, which would be responsible for the construction and operation of power stations, as well as for the allocation of functions and duties in relation to the generation and supply of electricity between the generating companies and the state electricity boards 4 certain modifications also were proposed to be made as to the existing procedure relating to the preparation and sanctioning of schemes for the establishment, and the acquisition of generating stations, tielines, sub-station's or transmission lines it was proposed to provide that every scheme prepared by a state electricity board or generating company and estimated to involve a capital expenditure exceeding one crore of rupees shall be submitted to the central electricity authority for its concurrence so that the scheme may conform to the national power policy evolved by the authority 5 since the bill was not passed before both the houses of parjiament were prorogued' and as the matter was of great urgency, an ordinance, namely, the electricity (supply) amendment ordinance, 1976, was promulgated for the same purpose the bill seeks to replace the ordinance k c pant ~ t" new delhi, the 23rd uctobet, 1976 §ub-section (2) of section 3 of the electricity (supply) act, 1948, provides that the central electricity authority shall consist of not more than six members clause 4(2) of the bill seeks to amend this sub~ section so as to provide for the appointment of not more than fourteen hlembers of whom nbt more than eight shall be fuii-time members under sub-section (3) o~ section 3 of t~e act, as amende~ by clause 4(4) bf the bill 6ne of the full-tiine members shall be the chairman of tht'! central electricity authority sub-sections (4a) and (413) newly proposed to be insetted in section 3 by clause 4 (5) of the bill provides :fbt the payment of salary and lillowahces tb the chairman and other full· time membets &lhd allowances ~nd fees to the part-time members, as well as to prescr:/be theit terms and conditions of service at present, under the existing provisions of the act, for the six members (including th~ chairman) the expenditure on pay and allowances, office expenditure, etc, works out to rs 375 lakhs approximately per annum with the increase in the number of members including eight full-time members, the total annual expenditure on pay and a:llowances, etc, would go up to about rs 50 lakhs thus, the increase in annual expenditure on account ()f members' salary, etc, would be of the order of about rs 125 lakhs when eight full-time members are in position 2 clause 8 of the bill seeks to insert a new section 15a sub-section (1) of this section envisages the formation of generating companies by the central government either by itself or jointly with one or more states there are already three generating companies formed by the central government apart from that, there are no immediate plans to form other such generating companies further expenditure in this regard will arise only as and when a decision is taken in that behalf and the expenditure on that account cannot now be estimated 3 there is do other recurring or non-recurring expenditure envisaged in the bill memorandum regarding delegated legislationthe new section 4b proposed to be inserted in the electricity (supply) act, 1948 (hereinafter referred to as the principal act), by clause 6 of the bill, empowers the central government to make rules for carrying out the purposes of the act the various matters which may be provided for in such rules have been referred to in detail in sub-section (2) of that section these mainly relate to the functions and duties of the central electricity authority, the manner of exercise of such functions and duties and terms and conditions of service of the chairman and other members of that authority 2 the new section 4c proposed to be inserted in the principal act by clause 6 of the bill empowers the central electricity authority to make regulations to provide for the summoning and holding of meetings of that authority, the conduct of business at such meetings and for other matters arising out of the functions of the central electricity authority for which it may be necessary or expedient to make regulations 3 the matters which the central government may provide for in rules are matters of detail necessary for the effective administration of the provisions of the principal act and· the matters regarding which the central electricity authority is empowered to make regulations' are matters of procedure delegation of legislative power is therefore, of a normal character 1 (1) extracts from the electricity (supply) act, 1948 (54 of 1948) - • - • •short title, extent and commencement (3) this section and sections 2, 3, 4, 57, 57a, 57b, 58, 76, 77, 77a, 77b, 77c, 82 and 83 and the provisions of the sixth and the seventh schedules shall come into force at once - - - - - interpretation 2 in this act, unless there is anything repugnant in the subject or context,-- - - - - (5) "generating station" or "station" means any station for generating electricity, including any building and plant used for that purpose and the site thereof, a site intended to be used for a generating station, and any buildings used for housing the operating staff of a generating station, ~nd where electricity is generated by water-po~er, inclunes penstocks, head and tail works, main and regulating reservoirs, dams and other hydraulic works, but does: not in any case include any subostation for transforming, converting or distributing electricity; (6) "licensee" means a person l'lcensed under part ii of the indian electricity act, 1910 to supply energy or a person who has 9 of 1910 obtained sanction under section 28 of that act to engage in the business of supplying energy but, the provisions of section 28 of this act notwithstanding, does not 'include the board; - - - - - 78; (9) "prescribed" means prescribed by rules made under section - - - - - (11) "year" means, in relation to the board, the year commencing on the 1st day of april; - - - - - 3 (1) the central government shall constitute a body callen the central electricity authority generally to exercise such functions and perform such duties under the act and in such manner as the central government may prescribe or direct, and 'in particular to-constitution of the central electriclty authority (i) develop a sound, adequate and uniform national power policy, and particularly to co-ordinate the activities of the planning agenciesi in relation to the control and util'isation of national power resources; r - - - - (iii) carry out investigations and to collect and record the data concerning the generation, distribution anrt utilisation of power and the development of power resources; and - - - - - (2) the authority shall consist of not more than six members appointed by the central government (3) the central government shall appoint one of the members to be the chairman of the authority - - - - - (5) no full-time member of the authority shall be directly or indirectly concerned or interested in or have any share or interest in any company or other body corporate or an aslsociation of persons (whether incorporated or not), or a firm engaged in the business of supplying electrical energy or fuel, solid or liquid, for the generation of electricity - - - - - (7) the authority may act by two of its members in all matters power to require counts, statistics and returns 4 it shall be the duty of each state electricity board, state government electricity department or other licensee or person supplying electricity for public or private purposes, or generating electrllcity for its or his own use, to furnish to the authority such accountll, statistics and returns relating to the generation, supply and use of electricity as it may require and at such l1imes and in such form anrt manner as it may direct chapter iii state electricity boards16 (1) - - - - - (2) the state electricity consultative council shall consist of the state electri city consultative council ~embers of the board and such other persons bein'g, not less than eigb' and not more than fifteen as the state government or the state governments concerned may appoint after consultation with such representatives or bodies representative of the following interests as the state government or the state governments concerned thinks or think fit, that is to say, local self-government, electricity supply industry, commerce, industry, transport, agriculture, labour employed in the electricity supply industry and consumers of electrllcity, but so that there shall be at least one member representing each such interest in the council - - - - - (5) the furdions of the state electricity consultative counch shall be as follows:-(i) to advise the board on major questions of policy nd major schemes; (ii) to review the progress and the work of the board from time to time; (1ii) to consir\er such other matters as the board may place before it; and - - - - - chapter iv powers and dunes of state electricity goardsgeneral duties of the board 18 subject to the provisions of this act the board shall be charged with the general duty of promoting the co-ordinated develojpment of the generation, supply and ctstribution of electricity within the state in the most efficient and economical manner, with particular reference to such development in areas not for the time being served or adequately served by any licensee, and without prejudice to the generality of the foregoing provisions 'it shall be the duty of the board-(a) to prepare and carry out schemes sanctioner\ under chapter v· j (b) to supply electricity to owners of controlled stations and to licensees whose stations are closed down under this act; (c) to supply electricity as soon as practicable to any other licensees or persons requiring such supply and whom the board may be competent under this act 90 to supply power to acquire projects, etc, on lease 20a without prejudice to the generality of the power of the board to acquire any property, the board may acquire from the state government on lease any project relating to the generation of electricity and all transmission lines ann other works connected with such project or any part of such project, transmission lines or other works on such terms and conditions, including terms and conditions relating to the operation and maintenance thereof as may be agreed upon between the state government and the board :?owers of board in relation to waterpower 21 the board may, with the previous approval of the state government, take such measures as in the opinion of the board are calculated to advance the development of water-power in the state, and may organise ann carry out power and hydrometric survey work and cause to be made such maps, plans; sections and estimates as are necessary for any of the said purposes: provided that where any such measures relate to a source of waterpower already operated upon by a licensee under a licence the board shall g\ve the licensee notice of sttch measure and an opportunity to be heard on any representations he may desire to make in that behalf and may consider such representation - - - - - 27 'the board shall have sqch furth~r :power~ an4 duties as are provide4 in thi~ l\ct, other tunctiodi of the ljoml chapter v the board's works and traj>ing procedurepreparationof schemes 28 with a view to rationalising the production and supply of eiectri· city in any area the board may from time to time prepare a scheme, not inconsistent with this act, for that area, in which provision may be made for all or any of the following matters, namely:-(11) the establishment of the board's own generating stations; (h) the designation of generating stations, whether existing stations or new stations, as controlled stations at which electricity shall be generated for the purposes of the board; (c) the interconnection, by means of main transmission lines to be constructed or acquired by the board, of any generating stations with any others and with any systems of licensees; (d) where a scheme relates to a specified area, the interconnection of the system of the board in that area with the system of the board in any other area with respect to which a scheme is in being or may subsequently be made; (e) the construction or acquisition of such other main transmission lines as the scheme may require; (f) the use by the board of any transmission lines or main transmission lines of any licensee; (g) such supplemental, incidental and consequential provisions as may appear necessary or expedient for any of the purpose's aforesaid': provided that no scheme or a part of a scheme which is estimated to result in a capital expenditure exceeding fifteen lakhs of rupees shall be prepared by the board without prior consultation with the state government: provided further that a scheme shall not, without the consent of the owner,-(i) designate as a controlled station any generating station belonging to a person other than a licensee; (ii) authorize the use or acquisition of a transmission line or a main transmission line belonging to a person other than a licensee pubucationand sanction ingof 8chemes 29 (1) a scheme prepared for any area under section 28 may, subject to the provisions of this section, be sanctioned by the board either generally or in respect of any part of the area and' where a scheme has been sanctioned in respect of part of the area, it may subsequently be sanctioned in respect of other parts of that area (2) every scheme sanctioned under this section shall be published in the official gazette and in such local newspapers as the board may consider necessary: provided that it shall not be neces'sary to so publish any scheme which is estimated to result in a capital expenditure not ej«:eeding twenty-five lakhs of rupees (3) before sanctioning any scherrte which is estirrtated to result in a capital expenditure exceeding 'one crore of rupees the following llrocedure shall be adopted, namely:-(i) the board shall send a copy of the scheme to the state government and to the authority and cause such scheme to be published in the official gazette and in such local newspapers as: the board may consider necessary; and the board shall give public: notice of the date, not being less than two months after the date' of the notice, by which licensees and other persons interested may' make representations thereon and when publishing such a scheme! the board shall show estimates of the capital expenditure involvedi and of the initial and ultimate revenues anticipated from the sale: of energy, meter rentals and other services (ii) the board, after considering any such representations and! after making such inquiries, if any, as it thinks fit, may sanction the scheme either without modification or subject to such modifications as it thinks fit, and either generally or in respect of any part of the area specified in the published scheme: provided that no such scheme shall be sanctioned by the board without prior consultation with the authority and until any recommendations which the authority may, in accordance with the provisions of this act, make upon such consultation have received due consideration by the board: provided further that where the recommendatioil! of the authority in regard to any scheme are not accepted by the board, the board shall not sanction the scheme without the previous consent of the state government (4) in respect of any scheme to which the provisions of sub-section (3) apply, the board shall, within one month after being requested by the authority so to do, supply the authority with all such information incidental or supplementary to the scheme as may be specified in the request 30 the authority shall, before making any recommendations in respect of a scheme upon which it has been consulted under the first proviso to clause (ii) of sub-section (3) of section 29, have particular regard to whether or not in its opinion-matters to-be consideredby the authority (a) any river-works proposed by the board will prejudice the prospects for the best ultimate development of the river or its tributaries for power-generation, consistent with the requirements of irrigation, navigation and fiood-control, and for this purpose the authority shall satisfy itself that an adequate study has been made of the optimum location of dams and other river-works; recommendations of the authority carrying out of schemes 31 where the authority has been consulted under the first proviso to clause (ii) of sub-section (3) of section 29 in respect of a scheme, it shall forward its recommendations thereon to the board, sending a copy thereof to the state government, within six months from the date of the receipt by it of the scheme: provided that if the board fails to supply in due time any information requested under sub-section (4) of section 29, the period within which the authority shall forward its recommendations shall be correspondingly ~creased 32 the board shall carry out and give effect to a scheme as soon as reasonably practicable after it has been sanctioned and where so required published power to alter or extend schemel provision of new generating stations use by board of transmission lines 33 the board may from time to time alter or extend a scheme by a supplementary scheme made and sanctioned in the manner hereinbefore provided: provided that any alterations or extensions of a scheme which are in the opinion of the board and the authority m~or in char&cter may be made without preparing a supplementary scheme - - - - - 38 the board shall itself establish a new generating station in any area in which it is required by any sanctioned scheme to be situated, but the board may, with the sanction of the state government, make arrangements with any licensee or other person for the establishment of a new generating station required by a sanctioned scheme, if in the opinion of the board it is desirable so to do - - - - - 41 (1) where the board considers it necessary to use for any of its purposes any transmission lines or main transmission lines of a licensee, the board shall have power to use such lines to the extent to which the capacity thereof is or thereafter remains surplus to the requirements of the licensee for the transmission of electricity, on payment of charges calculated in accordance with the provisions of the fifth schedule (2) the board may by agreement with any licensee or other person, use any transmission line or main transmission line of that licensee or person for such time and upon such terms as may be agreed - - - - - 44 (1) notwithstanding anything contained in any other law for the time being in force or in any licence, but subject to the provisions of this act, it shall not be lawful for a licensee, or any other person, not being the central government or any corporation created by a central act except with the previous consent in writing of the board, to establish or acquire a new generating station or to extend or replace any major unit of plant or works pertaining to the generation of electricity in a generating station: restric tion on establishment of new gene rating stations it"major additions or replacementof plant in generating stations provided that such consent shall not, except in relation to a controlled station, be withheld unless within three months from the date of j:eceipt of an application-(a) for consent to the establishment or acquisition of a new generating station, the board-(i) gives to the applicant being a licensee an undertaking that it is competent to, and will, within twenty-four mlnthi from the said date, afford to him a supply of electricity sutji·· cient for his requirements pursuant to his application; or (ii) shows to the applicant that the electricity required by him pursuant to his application coul4 be more economically obtained within a reasonable time from another appropriate source; (b) for consent to the extension of any major unit of plant, or works as aforesaid, the board-(i) gives to the applicant being a licensee an undertaking that within twenty-four months from the said date either the station to which the application pertains will become a controlled station in terms of section 34, or the board will make a declaration to the applicant in terms of section 35 offering him a supply of electricity sufficient for his requirements pursuant to his application or the board will make a declaration to him in terms of section 36; or ' (ii) shows to the applicant that the electricity required by him pursuant to his application could be more economically obtained within a reasonable time from another appropriate source or by other appropriate means; (c) for consent to the replacement of any major unit of plant or works, the board-(i) gives to the applicant being a licensee an undertaking that within eighteen months from the said date either the station to which the application pertains will become a controlled station in terms of section 34 or the board will make a declaration to him in terms of section 36; or (ii) shows to the applicant that the electricity required by him pursuant to his application could be more economically obtained within a reasonable time from another appropriate source or by other appropriate means - - - - 72 the state government shall not grant any concession for the development or use of water-power for any electrical purpose to any person other than the board, unless the state government is of opinion that it is rtot expedient for the board or that the board is unable so to develop or use the water-power concerned 73 where a multipurpose scheme for the development of any river in any region is in operation, the board shall co-ordinate its activities with the activities of the persons responsible for such seheme in so far as they are inter-related 74 any officer or servant of the board generally or specially authorized by the board in this behalf may at any reasonable time after waterpower concessions to be granted only to the board co-or41ill'" tion between the board's schemes and multipurpose schemes powers or entry giving the owner or occupier reasonable notice enter upon any land or premises and there do such things as may be reasonably necessary for the purposes of lawfully using any transmission lines or main transmission lines, or of making any survey, examination or investigation preliminary or incidental to the exercise of powers or the performance of duties by the board under this act annual reports, atatisticlil and returns - 7~ - - - - - (3) the board may at any time by notice in writing require any licensee or person supplying electricity for public or private purposes or generating electricity for his own use to furnish it with such information and accounts relating to such supply or generation and in such form and manner as the notice may specify - - - - the fifth schedule (see section 41) charges for use by board of transmission lines and m"in transmission linesi the following charges and allowances shall be made in respect of a year of account for the use by the board of main transmission lines or transmission lines (hereafter in this schedule referred to as lines), namely:-(a) the actual cost of maintenance of the lines, including renewals thereof not chargeable to capital account; (b) sums paid in respect of the lines for insurance and as rents, rates and taxes (including all taxes payable on income and profits): (c) the proporti':>n of management and general establishment charges properly attributable to the lines; (d) any other expenses on revenue account properly attributable to the lines; (e) interest on the depreciated cost of the lines shown in the books of the undertaking and properly attributable to the lines (whether defrayed out of capital or revenue) and interests on such working capital as is properly attributable to the lines: provided that for the purpose of ascertaining the principal on which interest is payable within the meaning of this clause, there shall be left out of account any part of principal interest on which is charged to capital; (f) an allowance for depreciation of an amount determined in respect of the lines in accordance with the provisions of paragraph vi of the sixth schedule ii if the lines are used partly by the board and partly by the licensee o'wning them, or if the arrangement for their use comes into force or determines otherwise than at the beginning or end of a year of account, the charges and allowances referred to in paragraph i shall be the proper proportion thereof having regard to ~e use made of the lines hy ~he board and the period of such use dunng the year and with the addttion of the cost of such additional transmission losses as may have been incurred by the licensee as a result of the board's user of the lines - - a billfurther to amend the electricity (supply) act, 1948 (shlri k c pant, minister of energy) | Parliament_bills | 3e471066-0746-5ea1-b8cb-d755fd818af3 |
bill no 203 of 2018 the criminal law (amendment) bill, 2018 by shri vinod kumar boianapalli, mp abillfurther to amend the indian penal code, 1860 and the code of criminal procedure code, 1973be it enacted by parliament in the sixty-ninth year of the republic of india, as follows:— chapter i preliminary1 (1) this act may be called the criminal law (amendment) act, 2018short title and commencement5 (2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint chapter ii amendments to the indian penal code, 18605 of 1860102 for section 497 of the indian penal code, 1860, the following section shall be substituted, namely:substitution of new section for section 497 adultery"497 whoever has consensual sexual intercourse with a person who he knows or has reason to believe is the wife or husband of another person, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both" chapter iii amendments to the code of criminal procedure, 19731 of 197453 in section 198 of the code of criminal procedure, 1973, for sub-section (2), the following sub-section shall be substituted, namely:amendment of section 198(2) for the purposes of sub-section (1), no person other than the husband or wife of the women or man shall be deemed to be aggrieved by any offence punishable under section 497 of the said code:10(2a) for the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 498 of the said code: provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the court, make a complaint on his behalf"15 statement of objects and reasonsthe supreme court in the matter of joseph shine v union of india, on 27 september2018, struck down section 497 of the indian penal code (ipc), 1860, and section 198 (2) of the code of criminal procedure (cr pc) 1973, inter alia on the grounds of being irrational, arbitrary and violative of articles 14, 15 and 21 of the constitution section 497 of the ipc, 1860, and section 198 (2) of cr pc, also suffered from poor drafting, as well as being archaic in nature this section was drafted in completely different social and legal context that existed 158 years ago a plan reading of the said section reveals the discriminatory and manifestly arbitrary application of the provision, wherein it only provides for circumstances where such an "offence" occurred "without the consent or connivance of that man"however, judging by the reportage in some sections of the media, the spirit of equality as upheld by the supreme court in the abovementioned judgement is unfortunately being misinterpreted by some sections of the society, to mean that the supreme court intended to condone, or encourage adultery in society this is also unfortunately reflected in the social media posts, wherein a wrongful impression is being created that amongst the public that adultery is now an acceptable act that carries no penalties the above erroneous understanding of the said judgement could cause irreparable damage and chaos to the institutions of marriage and family in our society, and may also have a traumatic effect on children who could suffer the unpleasantness of such adulterous relationships, in the absence of any sanction under the law, despite the existence of a strong moral prohibition and preponderant cultural taboo against the actit is pertinent to the proposed bill that while majority of the women in our society often continue to have little power over their marriage, as an equal partner, the striking down of the above provision could also embolden adulterious men to commit adultery in various situations of power, including in social hierarchies that unfortunately continue to exists despite our social best efforts, and the accompanying laws, including those to prevent, protect and punish against such mental cruelty and violence against women the legislation would help safeguard and nurture the sacred institution of marriage and family life in india, and be in keeping with our cultural ethos and traditions as a nation that has placed great value on family, matrimonial promises and relationships, for thousands of years therefore, in order to vindicate the stand taken by the parliament, of constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the constitution, it is hereby proposed that "adultery" wherein committed whether by husband or wife, must be a punishable as a non cognizable offence under the indian penal code, 1860, and the consequent amendment to the code of criminal procedure, 1973, be introduced to ensure free, equal, and dignified existence of all members of society this bill seeks to achieve the above objectshence this billnew delhi;vinod kumar boianapallifebruary 9, 2017 annexure extract from the indian penal code, 1860 (no 45 of 1860)| | ||---------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------|| adultery | || 497 | whoever has sexual intercourse with a person who is and whom he knows or has || reason to believe to be the wife of another man, without the consent or connivance of that | || man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of | || adultery, and shall be punished with imprisonment of either description for a term which may | || extend to five years, or with fine, or with both in such case the wife shall be punishable as an | || abettor | | extract from the code of criminal procedure, 1973 [2 of 1974]198 (1) no court shall take cognizance of an offence punishable under chapter xx of the indian penal code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:prosecution for offences against marriageprovided that—(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf;(b) where such person is the husband and he is serving in any of the armed forces of the union under conditions which are certified by his commanding officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorized by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;(c) where the person aggrieved by an offence punishable under section 494 of the indian penal code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister (2) for the purposes of sub-sectin (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said code:provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the court, make a complaint on his behalf ———— a billfurther to amend the indian penal code, 1860 and the code of criminal procedure code, 1973————(shri vinod kumar boianapalli, mp)mgipmrnd—2321ls(s3)—14-12-2018 | Parliament_bills | 7d4c0d3c-ab51-55ce-a64d-f74f9d4ae6e1 |
bill no 107 of 2017 the ancient monuments and archaeological sites and remains (amendment) bill, 2017 a billfurther to amend the ancient monuments and archaeological sites and remains act, 1958be 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 ancient monuments and archaeological sites and remains (amendment) act, 20175 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 224 of 19582 in the ancient monuments and archaeological sites and remains act,1958(hereinafter referred to as the principal act), in section 2, after clause (j), the following clause shall be inserted, namely:—10'(ja) "public works" means construction works related to infrastructure financedand carried out by any department or offices of the central government for public purposes which is necessary for the safety or security of the public at large and emergent necessity is based on specific instance of danger to the safety or security of the public at large and there is no reasonable possibility of any other viable alternative to such construction beyond the limits of the prohibited area;'amendment of section 20a3 in section 20a of the principal act, after sub-section (4), the following sub-sections shall be inserted, namely:—"(5) nothing contained in sub-section (4) shall apply to the public works:5provided that any question as to whether or not a construction works is public works, shall be referred to the authority which shall on being satisfied make its recommendation, for the reasons to be recorded in writing, to the central government whose decision thereon shall be final:10provided further that if the decision of the central government differs from the recommendation of the authority, the central government shall record its reasons thereof(6) any department or office of the central government proposing to carry out any construction works, including reconstruction or repair or renovation, of any public works in the prohibited area, shall make an application to the competent authority for carrying out such construction works15(7) upon decision of the central government determining a construction works as public works in accordance with the provisions of sub-section (5), the competent authority shall convey the decision of the central government to the applicant within ten days of the receipt of such decision20(8) the provisions of section 20c shall apply mutatis mutandis to the public works in a prohibited area"amendment of section 20d4 in section 20d of the principal act, in sub-section (8), for the words "director general", the words "competent authority" shall be substitutedamendment of section 20-i5 in section 20-i of the principal act, after clause (e), the following clause shall be inserted, namely:—25"(ea) to consider the impact, including archaeological impact, visual impact and heritage impact assessment, of public works which may be proposed in the prohibited area and make recommendations to the central government in respect thereof:30provided that no recommendation for any construction works shall be made unless the authority is satisfied that there is no reasonable possibility of any other viable alternative for shifting such construction works beyond the limits of the prohibited area" statement of objects and reasonsthe ancient monuments and archaeological sites and remains act, 1958 was enacted to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects2 the said act was amended in 2010, which, inter alia, under section 20a allows the central government or the director general to grant permission for such public works or projects essential to the public or other constructions which in its opinion, shall not have any substantial adverse impact on the preservation, safety, security of, or access to, the monument or its immediate surroundings, to be carried out in a prohibited area in respect of a protected area or protected monument however, it prohibits carrying out any public work or project essential to the public or other constructions in any prohibited area3 the prohibition of new construction within prohibited area of a protected area or protected monument, is adversely affecting the various public works and developmental projects of the central government in order to resolve the situation arising out of the prohibition on any construction under section 20a of the act, a need has been felt to amend the act to allow for construction works related to infrastructure financed and carried out by any department or office of the central government for public purposes which is necessary for the safety or security of the public at large4 in view of the above, it is proposed to introduce a bill, namely, the ancient monuments and archaeological sites and remains (amendment) bill, 2017, inter alia, to—(a) provide for a new definition of "public works" in section 2 of the act; and (b) amend section 20a of the act so as to allow for construction of public works related to infrastructure financed and carried out by any department or office of the central government for public purposes which is necessary for the safety or security of the public at large and there is no reasonable possibility of any other viable alternative to such construction beyond the limits of the prohibited area 5 the bill seeks to achieve the aforesaid objectives annexure extract from the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958) grant of permission by competent authority20d (1) (8) the central government, or the director general, as the case may be, shall exhibit, on their website, all the permissions granted or refused under this act grant of permission by competent authority within regulated area———— a billfurther to amend the ancient monuments and archaeological sites and remains act, 1958————(dr mahesh sharma, minister of state for tourism and culture)gmgipmrnd—999ls(s3)—10-07-2017 | Parliament_bills | 8727db53-a488-596a-aecc-d9cb1c4bb836 |
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