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bill no 98 of 2016 the basic and primary education (compulsory teaching in mother tongue) bill, 2016 by shri at nana patil, mp a billto provide for the compulsory use of mother tongue in imparting basic and primary education to children in all educational institutions and for matters connected therewith and incidental thereto be it enacted by parliament in the sixty-seventh year of the republic of india as follows:––short title and extent1 (1) this act may be called the basic and primary education (compulsory teaching in mother tongue) act, 20165(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) "basic education" means education provided in preparatory schools or kindergarten schools or such other schools, by whatever name called;10(c) "educational institution" includes a school which is run by government or by any other authority designated by it or by a private institution, association or trust, whether aided by government or not, recognized or unrecognized, imparting education to the children from primary level;(d) "mother tongue" means the language generally spoken in the family of a child who learns it from his mother and other family members and which is one of the languages mentioned in the eighth schedule to the constitution;(e) "prescribed" means prescribed by rules made under this act; and5(f) "primary education" means education up to the level of middle class or eighth standard103 (1) notwithstanding anything contained in any other law for the time being in force, every educational institution shall impart basic and primary education to the children in their mother tongue or dialect generally spoken in the region or state, as the case may be, where such an institution is located, in addition to hindi or english language, as the case may be, so as to properly develop the faculties of the childrencompulsory imparting of basic and primary education in mother tongue of the child(2) for the purposes of sub-section (1), the appropriate government shall appoint language teachers in all government run or aided schools and provide requisite infrastructure for that purpose15(3) the appropriate government shall derecognize the educational institutions not complying with the provisions of this act for such period as it may deem necessary and impose such other sanctions as may be prescribed after giving such institutions a reasonable opportunity to defend their cases204 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the states for appointing language teachers and for providing other infrastructure required for the purposes of this actcentral government to provide funds255 notwithstanding anything contained in this act, the provisions of this act shall apply to minority institutions only if the management of such institutions convey to the appropriate government their willingness for imparting basic and primary education to the children in their mother tongue in their school curriculumact to apply to minority educational institutions in certain situations power to remove difficulty6 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the diffulty:30privided that no such order shall be made or direction be given after three years of the commencement of this actact to have overriding effect 7 (1) the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force35(2) the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forcepower to make rules8 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act40 45(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 two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, parliament agrees in making any modification in the rule or agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsfor a child, the easiest language to acquire knowledge and understanding of worldly affairs is his mother tongue he learns to speak his mother tongue from his mother and family members, who generally speak the language spoken from generations or the dialect of their forefathers or of the area or region in which they reside in major parts of our country, hindi is the main language with different dialects at different places but it is written in devanagari script and can be understood easily then, there are regional languages a total of twenty-two languages have been recognized by our constitution the mother tongue, no doubt, is the most appropriate language for a child to develop his faculties however, when a child is admitted in the play school or kindergarten or primary school, more so in the so called elite or public schools, he has to switch over to english medium, which is the medium of instruction in such schools at this stage the real difficulty of the child begins he speaks and understands a particular language, ie, his mother tongue, but the education is imparted to him in a different language this causes strain and in order to become a part of the system he starts ignoring his own mother tongue in the hindi speaking areas, students of public schools cannot count in hindi and do not recognize hindi alphabet because in their school they cannot speak in their language and have to speak only in english in many schools, students are penalized if they speak in language other than english though the child learns english under compulsion but he is not at ease with this language and on the other hand he does not develop sufficient knowledge of his own language it is, therefore, necessary that a child should be imparted basic and primary education in his mother tongue, which is the easiest language for him thereafter, the child can acquire the skills in other languages and opt for the language of his choice for his further studieshence this billnew delhi;at nana patilmarch 3, 2016 financial memorandumclause 3 of the bill provides that the appropriate government shall appoint language teachers and provide requisite infrastructure for it the expenditure in respect of schools in union territories and those funded or aided by the central government shall be borne out of the consolidated fund of india clause 4 provides that the central government shall provide requisite funds to the states for carrying out the purposes of this bill this bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore per annum will be involved as recurring expenditureno non-recurring expenditure is likely to be involved 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 as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the compulsory use of mother tongue in imparting basic and primary education to children in all educational institutions and for matters connected therewith and incidental thereto————(shri a t nana patil, mp)gmgipmrnd—5316ls(s3)—25-04-2016 | Parliament_bills | 15ba6f7a-9beb-5872-a799-2d6eba6ef218 |
the indian post office (amend- ment) bill, 1960(as introduced in loic sabha on 6th september, 1960) the indian post office (amendment) mu 1960 (as nmtoducm in loll saitiia) - bill furth 111:> mnerd he ibdiaft pmt office aet, 1898 be it enacted 'by parliament in the eleventh year of the republic of !mha al follows:-~ 1 (1) this act may be called the rndian post otflce (amendment) ~rt ~ act 1960· iilcdcajacqt s (2) it shall come into force on such 'date as the central governmellt may, by notification in the official gazette, appoint z for the first schedule to the indian post omce ad 1898, tbe< subatitutioq following schedule shall be substituted, namely:-~~eduja~r -~ f~ "the first schedule scbcduii to act 6 1 1898-10 inland postage rat!3(see section 7) letter, for a weight not exceeding fifteen grams 15 mytt paue for every fifteen grams, or fraction thereof, ex-is ceedidg ftfteen grams ie nay, pame lettef'-caf'ds for a leuer-card 18 'iuj!i' pcdie pori cam s mye paile 10 mye pcile book, pattern and sample packet,8 naye paise for the first fifty grams or fraction thereof for every additional twenty-five grams, or fraction thereof, in excess of fifty grams 3 naye paise 5 registered newspapers 2 naye paise 3 naye paise, for a weight not exceeding one hundred grams for a weight exceeding one hundred grams and not exceeding two hundred grams for every two hundred grams, or fraction thereof, exceeding two hundred grams 3 naye paise 10 in the case of more than one copy of the same issue of a registered newspaper being carried in the same packetfor a weight not exceeding one hundred grams 3 naye paise is for every additional fifty grams, or fraction thereof, in excess of one hundred grams 2 naye paile provided that such packet shall not be delivered at any addressee's residence but shall be given to a recognised agent at the post office parcels 50 naye paise 2s for a weight not exceeding four hundred grams for every four hundred grams, or fraction thereof, exceeding four hundred grams 50 naye paise" statement of objects and reasonsthe main' object of this bill is to introduce the metric system of weights and measures in postal transactions in framing the proposals, the principle kept in view is that the metric weight units in terms of which postage would be levied should be simple for practical working and in consonance with decimal concepts new delhi; p subbarayan tm 30th augult, 1960 - - - - inland postage rates " :r; (see section 7) letters for a weight not exceeding one and a half tolas 15 naye paih for every one and a half tolas or fraction thereof, exceeding one and a half tolas 10 mile paise letter-cards 10 naye pciae for a letter-card post-carcu 5 ~ paise 10 naye paue single reply book, pattern and sample packet, 8 naye paiie or for the first five tolas or fraction thereof for every additional two and a half tolas fraction thereof, in excess of five tolas 3 naye paile registered newspaper 2 mye paue ex-3 ntlye paile ex-for a weight not exceeding ten tola8 for a weight exceeding ten tolas and not ceeding twenty tolas for every twenty tolas or fraction thereof, ceeding twenty tolas 3 naye pme in the case of more than one copy of the same issue of a registered newspaper being carried in the same packet-for a weilht not exceedinl ten tolal | for | every additional five tolas | or | fraction there- ||-----------|--------------------------------|-------|-------------------|| of, | | | || in | | | || excess of | ten | tolas | 2 || naya | paise | | |provided that such packet shan not be delivered at any addressee' residence but shan be liven to - recopised agent at the post office patc4!z,| for | a | weiiht | not | exceeding farty tolas ||-------------|--------------|-----------|--------|--------------------------|| 50 | | | | || naye paise | | | | || for | every forty | to18s | or | fraction || ceedini | forty tol88 | 50 | | || naye paise | | | | |'' i:'' ) , , a billfurther to amend the indian post ofbce act, 1898 th~ president has, in pursuance of clause (i) of article 117 of the constitution of india, recommended to lok sabha, the introduction of the bill secretary, (dr p subbarayan, minister of transport and communicarioru) | Parliament_bills | 01c25d28-ec3a-5053-9476-7f6971b6ae20 |
bill no x of 2006 the senior citizens (maintenance, protection and welfare) bill, 2006 a billto provide for the compulsory maintenance, protection and welfare of senior citizens so as to secure a life of dignity, peace and security for them and for the welfare measures to be undertaken by the state for its aged citizens and for matters connected therewith and 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 senior citizens (maintenance, protection and welfare) 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) "indigent" means a senior citizen who, due to age related infirmity or disability or ailment, is incapable to earn his livelihood and who has no independent and adequate means of livelihood;(c) "prescribed" means prescribed by rules made under this act; (d) "senior citizen" means any citizen who is sixty or more years of agenational policy for the senior citizens3 the central government shall, as soon as may be, but within one year of commencement of this act, review the existing policy, if any, and formulate a national policy for the overall welfare, care and protection of the senior citizens so as to give them a secure life of dignity at the fag end of their lives4 (1) notwithstanding anything contained in any other law for the time being in force it shall be the duty of every person to take care, look after and maintain his parents and grand parents and more so who do not have any source of income or sustenance, as the case may becompulsory maintenance of senior citizens by their kins(2) whoever fails to comply with the provisions of sub-section (1) shall be guilty of an offence under this act5 the appropriate government shall maintain district wise register of senior citizens with such details and particulars and in such manner as may be prescribedregister of senior citizens establishment of senior citizens' homes6 (1) the central government shall establish and maintain sufficient number of senior citizens' homes at conspicuous places in the country in consultation with the concerned governments of the states and union territory administrations and provide all necessary facilities in such homes as may be prescribed(2) all indigent and other senior citizens abandoned or neglected by their kith and kin shall be kept in the homes referred to in sub-section (1) by the appropriate government(3) apart from the facilities of day to day life, the homes shall also provide means of entertainment and such recreational facilities which may help the senior citizens residing in such homes to overcome their distress at being indigent or being neglected by their kith and kinfinancial assistance to senior citizens7 (1) every senior citizen shall, on an application made in the prescribed format, be given rupees one thousand per month as financial assistance for his subsistence by the appropriate government in whose jurisdiction the senior citizen ordinarily resides and the financial assistance payable to such citizens shall be linked with the cost of living index so as to ensure a decent living to the senior citizens:provided that the financial assistance shall not be given to those senior citizens who are residing and being looked after in the senior citizens homes established under section 6(2) the financial assistance referred to in sub-section (1) shall be disbursed to the senior citizens through government treasury or any branch of a public sector bank or post office as per the preference given by the concerned senior citizen in his application form8 the appropriate government shall provide to every senior citizen,—medical and other facilities to the senior citizens(a) free medical treatment in government hospitals and dispensaries or other dispensaries, nursing homes and clinics recognized by the appropriate government;(b) free travel facilities by public transport and concessions in private owned transport;(c) free pilgrimages within the country, pilgrimage to mansarovar and haj in such manner as may be prescribed;(d) facilties for yoga and other sports; (e) interest free loans for housing and self-employment purposes9 (1) notwithstanding anything contained in any other law for the time being in force the local police of every police station or police post shall keep a record of all the senior citizens residing in its jurisdiction so as to provide maximum security to such citizensarea police to provide security to senior citizens(2) it shall be the duty of the area station house officer or in-charge of the police post of the local police as the case may be to provide maximum security to every lone senior citizen or lonely couple residing in his jurisdiction in such manner as may be prescribedmaintenance allowance in certain cases10 (1) in case of non-compliance of the provisions of section 4 by any person, a magistrate of the first class may, upon proof of such neglect or refusal by such person, order such person to make a monthly allowance or lump sum payment thereof for such period as may be prescribed for the maintenance of his father or mother or both, as the case may be and to pay the same to such senior citizen as the magistrate may from time to direct(2) the magistrate may, before making an order under sub-section (1), consider all or any of the following matters:(a) the average income, property or joint family property income of the person against whom maintenance order has to be passed(b) the standard of living of the family; (c) any other matter which, in the circumstances, the magistrate may consider relevantpenalty(3) an appeal shall lie to the concerned high court from any order made by the magistrate under sub-section (1)11 if any person who is ordered to pay maintenance allowance under section 10 of this act, fails without sufficient reasons to comply with the order or willfully refuses to maintain and take care of his parents or grand parents, as the case may be, shall be liable to imprisonment for a term which shall not be less than five years but may extend to ten years and also with fine which may extend to ten lakh rupees12 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the state governments for carrying out the purposes of this actcentral government to provide requisite funds act to have overriding effect power to make rules13 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 senior citizens in any part of the country14 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act; statement of objects and reasonsas per census 2001, there were 7,66,22,321 senior citizens in our country and their population is growing very fast and by the year 2016 the population of senior citizens will be more than ten per cent of the total population of the nation majority of these senior citizens are unable to take care of themselves and do not have sufficient means to lead a decent and happy life due to near disintegration of joint family system and economic considerations by their kith and kin, the senior citizens are being ignored by their near and dear ones who are left to fend for themselves and compelled to lead a lonely and disappointed life though section 125 of the code of criminal procedure, 1973 provides for maintenance allowance that the senior citizens can claim from their legal heirs, but generally the majority of senior citizens do not claim maintenance because of their ignorance or self-pride which compels them to disown their kith and kin who they feel have dumped themthese days another alarming trend which is emerging is that lonely or couple senior citizens are being murdered either for their property or are robbed and they are becoming easy targets of the criminals hence it has become necessary to give utmost security to the senior citizensin a welfare state like ours, it is the duty of the central and state governments to look after the senior citizens so that they too lead a decent life at the fag end of their lives for this, the central government should open senior citizen homes, give financial assistance, medical aid and other facilities to the indigent and needy senior citizens so as to enable them to forget the wounds given by their own near and dear oneshence this billsushma swaraj financial memorandumclause 6 of the bill provides for the establishment of senior citizens homes clause 7provides for the financial assistance to senior citizens clause 8 provides for medical and other facilities for senior citizens clause 12 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five thousand crore may involve as recurring expenditure per annum memorandum regarding delegated legislationclause 14 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 compulsory maintenance, protection and welfare of senior citizens so as tosecure a life of dignity, peace and security for them and for the welfare measures to be undertaken by the state for its aged citizens and for matters connected therewith and incidental thereto—————(shrimati sushma swaraj, mp)mgipmrnd—5996rs(s-5)—03-03-2006 | Parliament_bills | 7ce53e6a-9bfc-5049-b332-094941691178 |
bill no xxv of 2010 the personal laws (amendment) bill, 2010 a billfurther to amend the guardians and wards act, 1890 and the hindu adoptions and maintenance act, 1956be it enacted by parliament in the sixty-first year of the republic of india as follows:— chapter i preliminary1 this act may be called the personal laws (amendment) act, 2010short title chapter ii amendment to the guardians and wards act, 18902 in section 19 of the guardians and wards act, 1890, for clause (b), the following clause shall be substituted, namely:—amendment of section 19 of act 8 of 1890"(b) of a minor, other than a married female, whose father or mother is living and is not, in the opinion of the court, unfit to be guardian of the person of the minor, or" chapter iii amendments to the hindu adoptions and maintenance act, 1956 78 of 1956substitution of new section for section 853 in the hindu adoptions and maintenance act, 1956 (hereafter in this chapter referred to as the hindu adoptions and maintenance act), for section 8, the following section shall be substituted, namely:—"8 any female hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:capacity of a female hindu to take inadoption10provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind" 4 in the hindu adoptions and maintenance act, in section 9,—amendment of section 9(i) for sub-section (2), the following sub-section shall be substituted, namely:—15"(2) subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption: provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind";20(ii) sub-section (3) shall be omittedas per the census held in 2001, the female population in india constitutes about4826 per cent of the total population of the country the empowerment of women by various legislative as well as other measures is an avowed policy of the government and bringing complete equality for them in all spheres of life is, therefore, a matter of utmost concern this objective and policy of the government have also been reiterated in the president's address to the first session of both houses of parliament held on the 4th june, 2009 the national common minimum programme of the then government (2004-2009) also enunciated that complete legal equality for women in all spheres of life will be made a practical reality, especially by removing discriminatory legislation and by enacting new legislation that gives women, for instance, equal rights of ownership of assets like houses and land2 the constitution of india guarantees equality of status and equality of opportunity to all citizens, irrespective of the fact, whether they are men and women it provides that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india and prohibits discrimination solely on the ground of sex there is a growing demand for making laws free from gender bias and to provide legal equality to women in all spheres of life it directs that women shall have equal rights and privileges along with men and that the state may make special provision for the welfare of women3 with the above objectives in view, it is proposed to amend certain personal laws, namely, the guardians and wards act, 1890 and the hindu adoptions and maintenance act, 1956, so as to bring in gender equality therein accordingly, it is proposed to make the following amendments, namely:—(a) to amend clause (b) of section 19 of the guardians and wards act, 1890 on the basis of the recommendation of the law commission of india contained in paragraph 683 of its eighty-third report on the guardians and wards act, 1890 so as to include the mother along with the father as a fit person to be appointed as guardian so that courts shall not appoint any other person as a guardian of minor if either of the parents is fit to be the guardian of such minor;(b) to amend section 8 of the hindu adoptions and maintenance act, 1956 so as to remove the incapacity of a married woman to take in adoption of a son or daughter merely on the basis of her marital status;(c) to amend section 9 of the hindu adoptions and maintenance act, 1956 so as to provide that the mother with the consent of the father and the father with the consent of the mother, shall have equal right to give in adoption of their children 4 the bill seeks to achieve the above objectsnew delhi; m veerappa moilythe 16th april, 2010 annexure extract from the guardians and wards act, 1890(8 of 1890) 19 nothing in this chapter shall authorise the court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a court of wards, or to appoint or declare a guardian of the person—guardian not to be appointed by the court in certain cases (b) of a minor whose father is living and is not, in the opinion of the court, unfit to be guardian of the person of the minor, or ———— extracts from the hindu adoptions and maintenance act, 1956(78 of 1956) 8 any female hindu—(a) who is of sound mind, capacity of a female hindu to take in adoption(b) who is not a minor, and (c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption9(1) persons capable of giving in adoptions(2) subject to the provisions of sub-section (3) and sub-section (4), the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind(3) the mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind rajya sabha————— a billfurther to amend the guardians and wards act, 1890 and the hindu adoptions and maintenance act, 1956—————(shri m veerappa moily, minister of law and justice)gmgipmrnd—1760rs(s5)—19-04-2010 | Parliament_bills | 718b4b62-547a-58f8-af53-adb1707f95b1 |
bill no 256 of 2015 the representation of the people (amendment) bill, 2015 byshri shrirang appa barne, mp a billfurther to amend the representation of people act, 1951be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—43 of 19512 after section 61a of the representation of the people act, 1951, the following section shall be inserted, namely:—insertion of new section 61b online voting of elections5''61b notwithstanding anything contained in this act or the rules made thereunder or in any other law for the time being in force, the giving and recording of votes through online voting in such manner as may be prescribed, may be adopted in such constituency or constituencies or from any place as the election commission may specify'' statement of object and reasonsindia is one of the largest democracy in the world about 75 crore population are participating in the election process the election process of our country has been appreciated by one and all throughout the world it has been free, fair and transparent earlier people used to record their votes in slips and put those slips in ballot boxes which were later transported to the counting centre for counting the counting process used to take about two days the election commission did very well to introduce electronic coting machine now, people have to record their votes in the electronic voting machine and only a few voting machines are required to be carried to the counting centre and counting is finished on the same day it is taken up with the introduction of electronic voting machine, the irregularities in the voting process has decreased manifoldlikewise, computers are used in large numbers for many activities like banking, making payment, booking of tickets, etc the computers can also be used for online voting which would be beneficial in many ways the voter need not go to polling booth and the percentage of voting would definitely increase as people are scared to come out in open because of possible violence on the polling day the election commission can device a mechanism through which votes can be given and recorded online by the votersthe bill seeks to achieve the above objectivenew delhi;shrirang appa barnenovember 16, 2015 lok sabha———— a billfurther to amend the representation of people act, 1951————(shri shrirang appa barne, mp)gmgipmrnd—2938ls(s3)—01122015 | Parliament_bills | 62dac669-530f-59d0-a76b-5989628fba42 |
bill no 128 of 2010 the constitution (scheduled castes) order (amendment) bill, 2010 byshri hansraj gangaram ahir, mpa billfurther to amend the constitution (scheduled castes) order, 1950be 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 (scheduled castes) order (amendment)act, 2010 statement of objects and reasonsin pursuance of article 341 of the constitution, the list of scheduled castes was first notified in 1950, and thereafter it has been modified on various occasions the inter-state migration of communities belonging to scheduled castes have made various state governments to request for the inclusion of these migrated communities in the list of scheduled castes in respect of that state consequently, some of these communities have been included in the list of scheduled castes in various states however, there are still some communities which have been included in the list of scheduled castes in respect of some states while the same castes have been left out from the list of schedule castes in other statesthe namasudra community has been included in the list of scheduled castes in several states but the community has not been included in the list of scheduled castes in respect of the state of maharashtra, and as such they are not entitled to the benefits extended to the scheduled castestherefore, it is necessary to include namosudra, namasudra, namosudraa communities in the list of scheduled castes of the state of maharashtra in view of their economic, educational and social backwardnesshence this billnew delhi;hansraj gangaram ahiroctober 22, 2010 financial memorandumthe bill seeks to include namosudra, namasudra, namosudraa communities in the list of scheduled castes in respect of the state of maharashtra by way of amending the constitution (scheduled castes) order, 1950 the bill, if enacted, would involve recurring and non-recurring expenditure on account of benefits to be extended to these communities under the schemes and programmes of the government meant for social, educational and economic development of the scheduled castes it is estimated that a sum of approximately rupees fifty crore is likely to be involved as a recurring expenditure per annuma non-recurring expenditure of about rupees fifty crore is also likely to be involved annexureextract from the constitution (scheduled castes) order, 1950co 19 (part iii— rules and orders under the constitution) part x— maharashtra 48 manne ———— a billfurther to amend the constitution (scheduled castes) order, 1950————(shri hansraj gangaram ahir, mp)gmgipmrnd—4946ls(s3)—11-11-2010 | Parliament_bills | 73b5ec6d-32b6-59b4-aec0-25075baf1c10 |
bill no 121 of 2009 the prohibition on use of caste or religious title bill, 2009 byshri l rajagopal, mpa billto prohibit the use of caste name or title relating to caste or religion as prefix or suffix with names by the citizens and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the prohibition on use of caste or religious title act, 2009short title, extent and commencement(2) it extends to the whole of india 2 in this act, unless the context otherwise requires,—definitions(i) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(ii) "document" includes letter head, name plate, visiting card, educational certificate or paper relating to rights in or over property; and(iii) "prescribed" means prescribed by rules made under this act3 no person, or body of individuals or association or institution shall write or indicate caste or any title relating to his caste or religion with his name on any document5prohibition on use of caste name or title relating to caste or religion4 no establishment, organisation or institution, whether owned or controlled by the appropriate government, or a private company or institution, whether incorporated or not, shall require any person to write or indicate his caste or any title relating to his caste or religion in any of its documents or forms prescribed for the purposes of admission in educational institutions, grant of scholarship or employment10organisations or institutions not to require any person to state his caste name or title relating to his caste or religion in any of their documents5 the provisions of this act shall not apply to,—exemptions(i) any person who writes or indicates the name of his caste or title of his caste or religion in the form prescribed for the purpose of applying for or obtaining caste certificate from the competent authority of the appropriate government; and15(ii) any competent authority who requires any person to write or indicate his caste or any title relating to his caste or religion in the form prescribed for the purpose of issue of caste certificate to any person belonging to a scheduled caste or a scheduled tribe or any other backward classes20explanation— for the purpose of this section competent authority means such officer or authority, as the appropriate government may, by notification in the official gazette, appoint as the competent authority for the purposes of issuing caste certificates 6 after the commencement of this act, no person shall give a name to a new born baby which signifies his caste or any title relating to his caste or religionprohibition on use of caste name or title relating to caste or religion with the names of new born baby257 no document which has been issued or made prior to coming into force of this act shall be void on the ground of inconsistency with the provisions of this actsaving of documents issued or made prior to the commencement of the actpenalty8 whoever acts in contravention of the provisions of this act shall be punishedwith imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees or with both30power to make rules9 (1) the central government may, by notification in the official gazette, makerules for carrying out the purposes of this act(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 rule5 statement of objects and reasonsindia is a secular country our constitution aims to establish a classless and casteless society even after six decades of independence, our dream of a casteless and classless society remains a dream the cherished objectives cannot be achieved unless there is a legislative framework to prohibit the use of caste name or any title relating to caste or religion in the names as prefix or suffix by the citizens from time to time, the casteism and the religious fundamentalism raise their ugly head and hampers the endeavour to build up a homogenous society the divisive forces are continuously trying to divide the country along caste and religious lines by fomenting caste and religious feelings of the citizensthe use of caste titles, caste names and religious titles in all of their forms should be discouraged in order to strengthen the secularism and build up a homogenous societythe bill seeks to achieve the above objectivesnew delhi;l rajagopalnovember 18, 2009 memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto prohibit the use of caste name or title relating to caste or religion as prefix or suffix with names by the citizens and for matters connected therewith or incidental thereto————(shri l rajagopal, mp)gmgipmrnd—5068ls(s5)—08122009 | Parliament_bills | 285a635a-481a-59b0-b87a-231a963e5e77 |
bill no xliv of 2009 the compulsory registration of marriages bill, 2009 a billto provide for compulsory registration of all marriages irrespective of caste, religion andcreed in the country and for matters connected therewith and incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the compulsory registration of marriages act, 2009(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force at once2 in this act, unless the context otherwise requires,—definitions5(a) ''appropriate government'' means in the case of a state, the government ofthat state and other cases, the central government(b) "prescribed" means prescribed by rules made under this actregistration of marriage3 (1) every marriage performed in the country shall be compulsorily registered withinone month of the date of marriage(2) the age of marriage shall be twenty four years for male and eighteen years for female54 the marriages shall be registered—| ( | a | ) in the office of village panchayat in the rural areas; ||--------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| authorities | | || for | | || registration of | | || marriages | | || ( | b | ) with the sub-registrar or tehsildar, or such municipal authority, who may || be authorized by the appropriate government in this behalf, in the urban areas: | | || 10 | | || provided that where there is no panchayat, the marriage shall be registered with the | | || nearest sub-registrar or tehsildar who may be authorized in this behalf | | || maintenance | | || of marriage | | || register | | || 5 | ( | 1 || maintained by the panchayat, sub-registrar or tehsildar or municipal authority, as the | | || case may be, and the form and manner in which such particulars shall be entered, shall be | | || such as may be prescribed | | || 15 | | || ( | 2 | ) the appropriate government shall also prescribe the documents relating to marriage || to be furnished for record at the time of registration | | || issuance of | | || marriage | | || certificate | | || 6 | the registering authority shall issue a certificate of marriage recording the age of | || the male or female and this certificate shall be valid proof of marriage for all practical | | || purposes | | || 20 | | || 7 | the marriage solemonised without the registration shall be null and void | || marriage | | || solemonised | | || without | | || registration to | | || be null and | | || void | | || penalties | | || 8 | any person violating the previous of this act the rules there under shall be debarred | || from such government schemes, as may be prescribed by the appropriate government in | | || this behalf | | || savings | | || 25 | | || 9 | 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 act | | || power to | | || make rules | | || 10 | the central government may, by notification in the official gazette, make rules for | || carrying out the purposes of this act | | | statement of objects and reasonsthere are number of people who are married and are not registered with any government agency there have been reports that large sections of men desert women after marriage thus, a lot of women are being unnecessarily harassed there are people who take money from the foreigners, sell their daughters, get them married, who are later on deserted number of such cases have come to the notice of the central and state governments large number of foreigners come and marry only to desert their wives laterthere are number of states where child marriages are still taking place and there is no check on these child marriages by the central government or the state governments these marriages are mostly unsuccessful many women organizations in the country have opposed such practice and have demanded that the government should check child marriagesas there is no such compulsion for registration of marriage, it is necessary that the state governments and the central government should make a provision to register all the marriages that have taken place in the country so, all marriages, in whatever form they are performed should be registered in all the states/uts in the country to save women from harassment, it is necessary to have a law for registration of marriagesthe supreme court has also urged the central government and state governments to enact a law registration of marriageshence this billdr t subbarami reddy memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the matter will relate to detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory registration of all marriages irrespective of caste, religion andcreed in the country and for matters connected therewith and incidental thereto————(dr t subbarami reddy, mp) | Parliament_bills | ee4e46ff-6435-51d8-a5bb-1edc02e538ca |
bill no 165 of 2016 the national commission for tiny industries bill, 2016 by dr boora narsaiah goud, mp a billto provide for constitution of a national commission for tiny industries and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement2 it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation of products and processes of tiny industriesdeclaration as to expediency of control by union3 in this act, unless the context otherwise requires,—definitions5(a) "national commission" means the national commission for tiny industries constituted under section 4;(b) "prescribed" means prescribed by rules made under this act; (c) "state commission" means the state commission for tiny industries constituted under section 6; and10 15(d) "tiny industry" means any industry involved in the manufacturing or processing of consumer or household products such as breads, biscuits, and other confectionery items, fast food or other food products, detergents, soaps, kitchen items, shoe and leather goods, cosmetics and skin care products, herbal products for medicinal and other purposes, stationery and electrical items, hardware and sanitaryware items or any other item which may be prescribed and where the total capital invested in running the business does not exceed rupees ten lakh 4 (1) the central government shall, by notification in the official gazette, constitute a national commission for tiny industries for carrying out the purposes of this actconstitution of national commission for tiny industries20(2) the national commission shall consist of a chairperson and four other members possessing such qualifications as may be specified by the central government, to be appointed in such manner as may be prescribed(3) the salaries and allowances payable to, and other terms and conditions of, service of, the chairperson and other members of the national commission shall be such as may be prescribed5 the national commission shall—25functions of national commission(i) formulate a national policy for the promotion and development of tinyindustries;(ii) coordinate with the states and union territory administrations regardingpromotion and development of tiny industries;30(iii) formulate guidelines regarding financial assistance or loans by banks orfinancial institutions to tiny industries;(iv) recommend to the central government the steps to be taken for the welfare of persons engaged in tiny industries; and(v) undertake such other functions, as may be assigned to it by the central government356 (1) every state government shall, constitute a commission to be known as the state commission for tiny industries for effective implementation of the provisions of this actconstitution of state commission for tiny industries(2) the state commission shall consist of a chairperson and four other members to be appointed by the state government, in such manner as may be prescribed40(3) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and other members shall be such as may be prescribed7 the state commission shall—functions of state commission(i) provide financial assistance to the tiny industries in matters such as acquiring licence and building of infrastructure;(ii) provide assistance to the tiny industries in obtaining loans from scheduled banks and other financial institutions;(iii) implement the national policy framed under clause (i) sub-section (1) of section 5 for development of tiny industries in their respective jurisdiction;5(iv) advise the concerned state government regarding any matter relating todevelopment of tiny industries in the state;(v) furnish regular reports or information, as the case may be, to the nationalcommission from time to time; and10(vi) undertake such other functions as may be assigned to it by the state government 8 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 adequate funds power to make rules159 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act20(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe tiny industries ie industries where the total capital invested in running the business does not exceed rupees ten lakh, are very important for our economy as they prevent concentration of wealth in few hands and decentralize the manufacturing processes and provide employment on large scale these are the industries involved in the manufacturing or processing of consumer or household products such as bread, biscuit and other confectionery items, fast food or other food products, detergents, soaps, kitchen items, shoe and leather goods, cosmetics and skin care products, herbal products for medicinal and other purposes, stationery and electrical items, hardware and sanitary ware itemstiny industries simultaneously provide choice to the consumers and act as a source of revenue to the state by way of payment of taxes however, there is no clear-cut policy for the development of small and tiny industries in the country earlier, certain categories of industries were reserved exclusively for the small scale sector, but now it has been dispensed with now big industrial houses and even multinational companies are penetrating the small scale sector as well as the retail sector, thereby causing a threat to the existence of small and tiny industries, as they are not in a position to compete with the former further, the small scale entrepreneurs have to run from pillar to post in order to obtain loans, licences, and other infrastructural facilities there is no proper authority to assist them and address their grievancesit is, therefore, proposed to constitute a national commission for tiny industries and similar commissions at state level to promote and develop tiny industrieshence this bill financial memorandumclause 4 of the bill provides for constitution of a national commission for tiny industries it also provides for appointment of chairperson and other members of the commission clause 6 provides for constitution of state commission for tiny industries clause 8 provides that the central government shall provide adequate funds to the state governments for carrying out the purposes of the bill the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees five hundred crore will be involveda non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the 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 constitution of a national commission for tiny industries and for matters connected therewith or incidental thereto————(dr boora narsaiah goud, mp)gmgipmrnd—1109ls(s3)—11072016 | Parliament_bills | fc7b397e-43a7-5553-b19f-7aa1ada86fed |
' no l6 of 1914 the national security (amendment) bill, 1984 abill r'·' to amend the nciti01l4l security act, 1980, in it, clppucation to the state of punjab and the' union territory of chandigarh bi it enacted by parliament in the thirty-fifth year of the republic of imiia as follows: - 1 (1) this act may be called the national security (amendment) short a~ 1864 title and commenc:e-5 (2) it shall be deemed to have come into force on the 5th day of april, ment 1984 2 the national security act, 1980 (hereinafter referred to as the' principal amend act) shall, in its application to the state of punjab and the union territory of ment at act chandigarh, have effect subject to tile ameadments specified in sections 3 to 5 65 of 1980 ia ill appli cation to punjab add chandl garb 3 in sub-section (4) of section 3 of the principal act, in the proviso,-amendmeat of loction 3 (_) for the words "ten days", the words "fifteen days" shall be 8ublu-tuted; (b) for the words "fifteea days", the words "twenty days" shall be n~tu~ 5 4 in section 8 of the principal act, in sub-section (1), for the words "ten days", the words "fifteen days" shall be substituted amendmentof ec:tion 8 5 in the principal act, after section 14, the following section shall be inserted, namely:-jmertion efdew ~on "'a circum-tadcea in which per-'14a (l) notwithstanding anything contained in the foregoing pro- ie visions of this act, any person in respect of whom an order of detention bas been made under this act at any time before the 3rd day of april, 1985 may be detained without obtaining the opinion of the advisory board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been de- 15 tained with a view to preventing him from acting, in any disturbed area, ill any manner prejudicial to-(0) the defence of india; or (b) the security of india; or iods may bedetaided forperiodl jonger tbanthree illo!ltm withoot btaidiba theopidiod ofadviaory boarda (c) the security of the state; or (d) the main1eoance of public order; or (e) the maintenance of 8upplies and services essential to the community expltjrrotion 1-the provisions of the explanation to sub-section (2) of section 3 shall apply for the purposes of this sub-iiection as they its apply for the purposes of that sub-sectiod explanation 2-ln this sub-section, "disturbed area" means any area which is for the time being declared by noti8catioo under section 3 of the punjab disturbed areas act, 1983, or under section 3 of the '2 of 1913 chandigadl disturbed areas act, 1983, to be a disturbed area so 33 01 1983 (2) in the case ot any penon to whom sub-section (1) applies, iectioos 10 to 13 shall have effect subject t8 the following modificatiodb, name1y:-(a) in section 10, for the worda "shall, within three weeks", the words "sball, within four months and two weeks" sba11 be substitu- '5 ted; (b) in seet10n 11,-(i) in sub-sectiod (i) for the words "seven weeks", the words "fiv~ months and three weeki" shall be subttituted; (ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the person concerned" shall be substituted; 5 (c) in section 12, (or the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted; (d) in section 13, for the words "twelve months", the words "two years" shall be substituted' i of 1884 6 (1) the national security (amendment) ordinance, 1984, is here-10 by repealed repeal and laving -(2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended dr the said ordinances, shall be deemed to have been done or taken under the prjnc:lpal act, as amended by this act statement of objects and reasonsthe activities of the extremist and terrollst elements in the "disturbed areas" of p'jnjab and chandigarh have been a matter of serious concern these persons have been indulging in violent activities and terrorist methods, including threats to persons involved in the investigation and prosecution of cases 'to enable the administration to deal effectively with such elements in these "disturbed areas", and to enable them to - take preventive action, the president promulgated on the 5th apru, 1984, the national security (amendment) ordinance, 1984 (5 of ]984) 2 the ordinance amended the national security act, 1980 in its application to the state of punjab and the union territory of chandtgarb-ca) to increase from ten days to fifteen days the maximum period within which grounds of detention may in exceptional circumstances be communicated to the detenu, (b) to provide in certain cases for detention of persons without obtaining the opin1on of the advisory board for a period of more tlian three months but not exceeding six months from the date of their detention and to provide also in such cases for a longer maximum period of detention; and (e) to make the necessary consequential amendments in the act s the bill seeks to replace the above ordinance new delio:; p c sbthl tile 12th ami, 1984 ,(e 01' 1980)3 (1) | power ||------------|| make || erdcrs || detaininl || eertain || i'icrso"~ |(4) when any order is made under this section by an ofticer mentioned in sub-section (3'), he shall forthwith report the fact to th~ state government to which he is subordinate together with the fp,"ounds od which the order has been made and such other particulars as, in his opinion, have a bearing on the mattei', and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the state governm~nt: provided that where under section 8 the grounds of detent jon arc communicated by th~ officer making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subjects to the modification that, for the words "twelve days", the words "fifteen days" shall be substitut~d - - - - - 8 (1) wh~q a person is dtltained in punuanee of a detention order, the authority making the order shall, as soon as may be, but ordinarily grounds of order of detcntitm to be disclosed to persons affected by the order 110t later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than ten days from the dale of detention communicate to him the grounds on which the order has been made and shall afford him th~ earliest opportunity of making a representation against the order to the approprinte government - - - y " bill , to amend the national security act, 1980, in its application to the state of punjab and the union' territory of chandiprh ~ " ,,, ,' 4; ,~ " adj miti ;:'!:"r :, | Parliament_bills | a43081fd-301c-54ad-ae9c-df914f1a0a1e |
bill no 137 of 2010 the national flood control and rehabilitation authority bill, 2010 byshri at nana patil, mp a billto provide for the setting up of a national flood control and rehabilitation authority to suggest measures to prevent and control floods, provide relief to people affected by floods and for matters connected therewith be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the national flood control and rehabilitation authority act, 2010(2) it shall come into force at oncedefinitions52 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "authority" means the national flood control and rehabilitation authorityestablished under section 3; and(c) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, establish an authority to be called the national flood control and rehabilitation authority(2) the head office of the authority shall be at mumbai in the state of maharashtra4 (1) the authority shall consist of:—5establishment of national flood control and rehabilitation authority composition of the authority(i) a chairperson, who shall be an expert in the field of flood control, to be appointed by the central government; and(ii) one member representing each state and union territory, who shall be experts on flood control measures and relief management, to be nominated by the central government in such manner as may be prescribed10(2) the salary and allowances payable to and other terms and conditions of service of the chairperson and members of the authority shall be such as may be prescribed(3) the central government shall make available to the authority such number of officers and staff as may be required for efficient functioning of the authority155 the authority shall perform the following functions:—functions of the authority(a) identify areas which are prone to floods; (b) suggest and recommend to the central government measures to prevent and control floods and rehabilitation of flood victims;(c) frame a time-bound plan for inter-linking of rivers which are prone to floods with the ones which are not so;20(d) suggest measures for the development of land in areas which are prone to floods;(e) install flood forecasting system in flood prone areas; (f) advise state governments on rehabilitation measures during floods;25(g) advise state governments on proper storage of rainwater and construction of dams to prevent floods; and(h) give direction to the district committee set up under section 8 in regard to assistance to be provided to the persons affected by flood30 6 the expenditure incurred on implementation of flood control and other measures suggested by the authority shall be borne by the central government and the state governments in such ratio, as may be prescribedcost to be borne by central and state governments7 it shall be the duty of the central government to implement the recommendations of the authority:35central government to implement the recommendations of the authorityprovided that where any recommendation of the authority cannot be implemented due to financial or any other reason, the central government shall inform the authority accordinglydistrict committee8 (1) the appropriate government shall set up a committee in each district to be known as the district committee under the chairmanship of the district collector/district magistrate/deputy commissioner40(2) the district committee shall consist of five members to be nominated by the appropriate government(3) the district committee shall function under the guidance and supervision of the authority(4) the district committee shall provide financial assistance, shelter and other facilities to the people affected by floods within a period of fifteen days from date of occurrence of flood in its jurisdiction5(5) if the district committee does not deliver assistance to the persons affected by the flood within fifteen days of the occurrence of the flood, the district committee shall be subject to such action as may be determined by the authorityannual report9 (1) the authority shall prepare, in such form and manner, as may be prescribed, an annual report giving a true and full account of its activities during the previous year and submit it to the central government10(2) the central government shall cause to be laid before each house of parliament thereports submitted to it under sub-section (1)power to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act15 20(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 reasonsfloods are a frequent occurrence across the country and result in widespread loss of life and property the government is under constant pressure to manage the natural calamities and to undertake relief measures every time it is observed that there is delay in providing relief to the persons affected by floods due to lack of coordination among various relief providing agenciesthere are a number of perennially flowing rivers in the country and enormous amount of water of these rivers flows into the sea this wastage of water should be prevented and utilised by diverting water from water surplus to water deficit areas on the other hand, our ground water level is also rapidly declining thus, if there is no proper planning and mechanism to harvest water, the country will face water crisis in futureit is the need of the hour to formulate a national policy for water harvesting, creating public awareness and preservation of water and adopting a scientific approach for the control of floods and related natural calamitieshence, this bill seeks to provide for the setting up of an authority to suggest measures to the government to prevent and control floods and to provide relief to flood affected people in a time-bound mannernew delhi;at nana patiloctober 22, 2010 financial memorandumclause 3 of the bill provides for setting up of a national flood control and rehabilitation authority clause 4 provides for payment of salary and allowances to the members of the authority clause 6 provides that the expenditure incurred on implementation of flood control measures suggested by the authority shall be borne by the central government and state governments clause 8 provides for setting up of district committees to provide financial assistance, shelter and other facilities to the victims of the floods while the expenditure relating to district committees in the states shall be met out of the consolidated funds of the respective states, the expenditure relating to district committees under the union territory administration shall be met out of the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five thousand crore per annuma non-recurring expenditure of about rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to frame rules for carrying out the purposes of the bill the rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character———— a billto provide for the setting up of a national flood control and rehabilitation authority tosuggest measures to prevent and control floods, provide relief to people affected byfloods and for matters connected therewith————(shri at nana patil, mp) | Parliament_bills | e1843790-8905-5108-9ac7-892065629051 |
bill no 108 of 2012 the high court of rajasthan (establishment of a permanent bench at bikaner) bill, 2012 by shri arjun meghwal, mp a billto provide for the establishment of a permanent bench of the high court of rajasthan at bikanerbe it enacted by parliament in the sixty-third year of the republic of india as follows:—establishment of a permanent bench of the high court of rajasthan at bikaner52 there shall be established a permanent bench of the high court of rajasthan at bikaner and such judges of the high court of rajasthan, being not less than five in number, as the chief justice of that high court may from time to time nominate, shall sit at bikaner in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the districts of sri ganganagar, hanumangarh, churu and nagaur statement of objects and reasonssince the time a bench of the high court of rajasthan, which is functioning at jodhpur, was established at jaipur, there has been a demand for the establishment of a permanent bench of the high court at bikanerrajasthan is one of the largest states and bikaner is a divisional headquarter which is situated in the western part of rajasthan the region is known as thar desert of the western region of the countrythe number of pending cases of bikaner division in the high court are more than sixty per cent of the total number of pending cases besides, in a large number of cases, the government of rajasthan, its various departments or the public sector undertakings and autonomous bodies under it happen to be a party therefore, establishment of a permanent bench at bikaner will not only reduce unnecessary expenditure from the public exchequer but would also benefit the people from bikaner, sri ganganagar, hanumangarh and nagaur districtshence this billnew delhi;arjun meghwalaugust 17, 2012———— a billto provide for the establishment of a permanent bench of the high court of rajasthan at bikaner————(shri arjun meghwal, mp)gmgipmrnd—3007ls(s3)—06112012 | Parliament_bills | 9d27cd03-1f28-50a7-a334-45b2ff6c32cb |
bill no 96 of 2009 the abolition of death penalty to women, children and indigent persons bill, 2009 byshri adhir ranjan chowdhury, mpa billto abolish death penalty to women, children and indigent personsbe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the abolition of death penalty to women, children andindigent persons act, 2009short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise provides,—(i) ''child'' means any person who has not completed the age of fifteen years;5(ii) "death penalty" means a sentence of death in any form passed by a court of law or any other authority including the village courts or district councils or regional councils or sentence of death passed by village panchayats or sabhas, tribal sabhas or heads of villages or tribes, whether having legal authority or not, in accordance with personal law, custom or usage and includes death penalty for practicing witchcraft; and(iii) "indigent person" means and includes any person who has attained the age of sixty years and is suffering from any incurable disease or is mentally retarded45 of 1860103 notwithstanding anything contained in the indian penal code, 1860 or any other law for the time being in force or custom or usage in practice in india, death penalty shall not be awarded to any woman or child or any indigent person, notwithstanding the nature of crime committed or caused to be committed and abetted or caused to be abetted by such woman or child or indigent personsdeath sentence not to be awarded to women, children andindigentpersons punishment154 any person or persons violating the provisions of this act shall be punished withrigorous imprisonment for a term not less than ten years and also with fine of rupees one lakh statement of objects and reasonsit has been observed that vulnerable sections of the society, the women, the children and the indigent persons continue to be the subject of exploitation, including sexual exploitation and abuse and are often placed in such circumstances wherein they are liable to commit crimes attracting severe penalties including death penalty various customary, religious as well as tribal laws often provide for death penalties for offences like "adultery" and practicing "witchcraft"a circumstance or situation can hardly be conceived when the persons belonging to weaker sex, the children or the indigent persons would commit such a crime without enough provocation as to attract the death penaltymany cases have come to light where women, children or indigent persons have been sentenced to death it would only be proper to abolish death penalty for such vulnerable sectionshence this billnew delhi;adhir ranjan chowdhurynovember 3, 2009————abillto abolish death penalty to women, children and indigent persons————(shri adhir ranjan chowdhury, mp) | Parliament_bills | d9083cfb-c0b0-5f8c-b3bd-1e03e7352e4b |
the public interest disclosure and protection to persons making the disclosures bill, 2010 ———— arrangement of clauses———— chapter i preliminary clauses1short title, extent and commencement 2 definitions chapter ii public interest disclosure3requirements of public interest disclosure chapter iii inquiry in relation to public interest disclosure4powers and functions of competent authority on receipt of public interest disclosure5matters not to be inquired by competent authority chapter iv powers of competent authority6powers of competent authority7certain matters exempt from disclosure8superintendence of competent authority over appropriate machinery9competent authority to take assistance of police authorities, etc, in certain cases chapter v protection to the persons making disclosure10 safeguards against victimization 11 protection of witnesses and other persons 12 protection of identity of complaint 13 power to pass interim orders chapter vi offences and penalties14 penalty for furnishing incomplete or incorrect or misleading comments or explanation orreport15 penalty for revealing identity of complainant 16 punishment for false or frivolous disclosure 17 punishment to head of department in certain cases 18 offences by companies 19 appeal to high court clauses 20 bar of jurisdiction 21 court to take cognizance chapter vii miscellaneous22 report on disclosures 23 protection of action taken in good faith 24 power of central government to make rules 25 power of state government to make rules 26 powers to make regulations 27 notification and rules to be laid before parliament 28 notification issued and rules made by state government to be laid before statelegislature29 power to remove difficulties 30 repeal and savings bill no 97 of 2010 the public interest disclosure and protection to persons making the disclosures bill, 2010 a billto establish a mechanism to receive complaints relating to disclosure on any allegation ofcorruption or wilful misuse of power or wilful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimization of the person making such complaint and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called as the public interest disclosure and protection to persons making the disclosures act, 2010short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 in this act, unless the context otherwise requires,—definitions45 of 2003(a) "central vigilance commission" means the commission constituted under sub-section (1) of section 3 of the central vigilance commission act, 2003;(b) "competent authority" means in relation to—(i) any public servant referred to in sub-clause (a) of clause (i), the central vigilance commission or any other authority as the central government may, by notification in the official gazette, specify in this behalf under this act;(ii) any public servant referred to in sub-clause (b) of clause (i), the state vigilance commissioner, if any, or any officer of a state government or any other authority as the state government may, by notification in the official gazette, specify in this behalf under this act; (c) "complainant" means any person who makes a complaint relating to disclosure under this act;(d) "disclosure" means a complaint relating to,—45 of 1988(i) an attempt to commit or commission of an offence under the prevention of corruption act, 1988;(ii) wilful misuse of power or wilful misuse of discretion by virtue of which demonstrable loss is caused to the government or demonstrable gain accrues to the public servant;(iii) attempt to commit or commission of a criminal offence by a public servant, made in writing or by electronic mail or electronic mail message, against the public servant and includes public interest disclosure referred to in sub-section (2) of section 3; (e) "electronic mail" or "electronic mail message" means a message or information created or transmitted or received on an computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message;1 of 1956(f) "government company" means a company referred to in section 617 of the companies act, 1956;(g) "notification" means a notification published in the gazette of india or, as the case may be, the official gazette of a state;(h) "public authority" means any authority, body or institution falling within the jurisdiction of the competent authority;(i) "public servant" means any employee of—(a) the central government or any corporation established by or under any central act, any government companies, societies or local authorities owned or controlled by the central government and such other categories of employees as may be notified by the central government, from time to time, in the official gazette;(b) the state government or any corporation established by or under any state act, government companies, societies or local authorities owned or controlled by the state government and such other categories of employees as may be notified by the state government, from time to time, in the official gazette (j) "prescribed" means prescribed by rules made by the central government and the state government, as the case may be, under this act;(k) "regulations" means the regulations made by the competent authority under this act chapter ii public interest disclosure19 of 1923requirements of public interest disclosure3 (1) notwithstanding anything contained in the provisions of the official secretsact, 1923, any public servant [other than those referred to in clauses (a) to (d) of article 33 ofthe constitution] or any other person including any non-governmental organisation, may make a public interest disclosure before the competent authority:provided that any public servant, being a person or member referred to in clause (a) or clause (b) or clause (c) or clause (d) of article 33 of the constitution, may make a public disclosure if such disclosure does not, directly or indirectly, relate to,—(a) the members of the armed force or any matter relating to armed forces; or (b) the members of the forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organisation established by the state for purposes of intelligence or counter intelligence or any matter relating to such bureau or other organisation;(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any force, bureau or organisation referred to in clauses (a)to (c) or any matter relating to such telecommunication system, bureau or organisation(2) any disclosure made under this act shall be treated as public interest disclosure for the purposes of this act and shall be made before the competent authority(3) every disclosure shall be made in good faith and the person making disclosure shall make a personal declaration stating that he reasonably believes that the information disclosed by him and allegation contained therein is substantially true(4) every disclosure shall be made in writing or by electronic mail or electronic mail message in accordance with the procedure as may be prescribed and contain full particulars and be accompanied by supporting documents, or other material, if any(5) the competent authority may, if it deems fit, call for further information or particulars from the person making the disclosure(6) no action shall be taken on public interest disclosure by the competent authority if the disclosure does not indicate the identity of the complainant or public servant making public interest disclosure or the identity of the complainant or public servant is found incorrect or false chapter iii inquiry in relation to public interest disclosure4 (1) subject to the provisions of this act, the competent authority shall, on receipt of a public interest disclosure under section 3,—(a) ascertain from the complainant or the public servant whether he was the person or the public servant who made the disclosure or not;powers and functions of competent authority on receipt of public interest disclosure(b) conceal the identity of the complainant unless the complainant himself hasrevealed his identity to any other office or authority while making public interest disclosure or in his complaint or otherwise(2) the competent authority shall, upon receipt of the complaint and concealing the identity of the complainant, or the public servant in the first instance, make discreet inquiry, in such manner as may be prescribed, to ascertain whether there is any basis for proceeding further to investigate the disclosure(3) if the competent authority, either as a result of the discreet inquiry, or on the basis of the disclosure itself without any inquiry, is of the opinion that the disclosure requires to be investigated, it shall seek comments or explanation or report from the head of the department of the organisation or authority, board or corporation concerned or office concerned within such time as may be specified by it(4) while seeking comments or explanations or report referred to in sub-section (3), the competent authority shall not reveal the identity of the complainant or the public servant and direct the head of the department of the organisation concerned or office concerned not to reveal the identity of the complainant or public servant:provided that if the competent authority is of the opinion that it has, for the purpose of seeking comments or explanation or report from them under sub-section (3) on the public disclosure, become necessary to reveal the identity of the public servant to the head of the department of the organisation or authority, board or corporation concerned or office concerned, the competent authority may reveal the identity of the complainant or public servant to such head of the department of the organisation or authority, board or corporation concerned or office concerned for the said purpose(5) the head of the organisation or office concerned shall not directly or indirectly reveal the identity of the complainant or public servant who made the disclosure(6) the competent authority, if after conducting an inquiry, is of the opinion that—(a) the facts and allegations contained in the disclosure are frivolous or vexatious; or(b) there are no sufficient grounds for proceeding with the inquiry, it shall close the matter(7) after receipt of the comments or explanations or report referred to in sub-section(3), if the competent authority is of the opinion that such comments or explanations or report reveals either wilful misuse of power or wilful misuse of discretion or substantiates allegations of corruption, it shall recommend to the public authority to take any one or more of the following measures, namely:—(i) initiating proceedings against the concerned public servant; (ii) taking appropriate administrative steps for redressing the loss caused to thegovernment as a result of the corrupt practice or misuse of office or misuse of discretion, as the case may be;(iii) recommend to the appropriate authority or agency for initiation of criminal proceedings under the relevant laws for the time being in force, if so warranted by the facts and circumstances of the case;(iv) recommend for taking of corrective measures; (v) take any other measures not falling under clauses (i) to (iv) which may be necessary for the purpose of this actmatters not to be inquired by competent authority5 (1) if any matter specified or an issue raised in a disclosure has been determined by a court or tribunal authorised to determine the issue, after consideration of the matters specified or issue raised in the disclosure, the competent authority shall not take notice of the disclosure to the extent that the disclosure seeks to reopen such issue(2) the competent authority shall not entertain or inquire into any disclosure—37 of 1850(a) in respect of which a formal and public inquiry has been ordered under thepublic servants (inquiries) act, 1850; or60 of 1952(b) in respect of a matter which has been referred for inquiry under the commissions of inquiry act, 1952 (3) the competent authority shall not investigate, any disclosure involving an allegation, if the complaint is made after the expiry of five years from the date on which the action complained against is alleged to have taken place(4) nothing in this act shall be construed as empowering the competent authority to question, in any inquiry under this act, any bona fide action or bona fide discretion(including administrative or statutory discretion) exercised in discharge of duty by the employee chapter iv powers of competent authoritypowers of competent authority6 (1) without prejudice to the powers conferred upon the competent authority under any other law for the time being in force, the competent authority, may require, for the purpose of any inquiry any public servant or any other person who in its opinion shall be able to furnish information or produce documents relevant to the inquiry or assist in the inquiry, to furnish any such information or produce any such document as may be necessary for the said purpose5 of 1908(2) for the purpose of any such inquiry (including the preliminary inquiry), the competent authority shall have all the powers of a civil court while trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits;(d) requisitioning any public record or copy thereof from any court or office;(e) issuing commissions for the examination of witnesses or documents;(f) such other matters as may be prescribed2 of 197445 of 1860(3) the competent authority shall be deemed to be a civil court for the purpose of section 195 and chapter xxvi of the code of criminal procedure, 1973, and every proceeding before the competent authority 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 code19 of 1923(4) subject to the provisions of section 7, no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the government or any public servant, whether imposed by the official secrets act, 1923 or any other law for the time being in force, shall be claimed by any public servant in the proceedings before the competent authority or any person or agency authorised by it in writing and the government or any public servant shall not be entitled in relation to any such inquiry, to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any rules made thereunder:provided that the competent authority, while exercising such powers of the civil court, shall take steps as necessary to ensure that the identity of the person making complaint has not been revealed or compromisedcertain matters exempt from disclosure7 (1) no person shall be required or be authorised by virtue of provisions contained in this act to furnish any such information or answer any such question or produce any document or information or render any other assistance in the inquiry under this act if such question or document or information is likely to prejudicially affect the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign state, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence,—(a) as might involve the disclosure of proceedings of the cabinet of the union government or any committee of the cabinet;(b) as might involve the disclosure of proceedings of the cabinet of the state government or any committee of that cabinet, and for the purpose of this sub-section, a certificate issued by the secretary to the government of india or the secretary to the state government, as the case may be, or, any authority so authorised by the central or state government certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b), shall be binding and conclusive (2) subject to the provisions of sub-section (1), no person shall be compelled for the purposes of inquiry under this act to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court8 (1) every public authority shall, for the purposes of dealing or inquiry into the disclosures sent to it under sub-section (3) of section 4, create an appropriate machinery for the said purposesuperintendence of competent authority over appropriate machinery(2) the competent authority shall exercise superintendence over the working of machinery created under sub-section (1) for the purposes of dealing or inquiry into the disclosures and give such directions for its proper functioning, from time to time, as it may consider necessary9 for the purpose of making discreet inquiry or obtaining information from the organisation concerned, the competent authority shall be authorised to take assistance of the delhi special police establishment or the police authorities, or any other authority as may be considered necessary, to render all assistance to complete the inquiry within the specified time pursuant to the disclosure received by the competent authoritycompetent authority to take assistance of police authorities, etc, in certain cases protection to the persons making disclosuresafeguards against victimisation10 (1) the central government shall ensure that no person or a public servant who has made a disclosure under this act is victimised by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under this act(2) if any person is being victimised or likely to be victimised on the ground that he had filed a complaint or made disclosure or rendered assistance in inquiry under this act, he may file an application before the competent authority seeking redress in the matter, and such authority shall take such action, as deemed fit and may give suitable directions to the concerned public servant or the public authority, as the case may be, to protect such person from being victimised or avoid his victimisation(3) every direction given under sub-section (1) by the competent authority shall be binding upon the public servant or the public authority against whom the allegation of victimisation has been proved(4) notwithstanding anything contained in any other law for the time being in force, the power to give directions under sub-section (2), in relation to a public servant, shall include the power to direct the restoration of the public servant making the disclosure, to the status quo anteprotection of witnesses and other persons11 if the competent authority either on the application of the complainant, or witnesses, or on the basis of information gathered, is of the opinion that either the complainant or public servant or the witnesses or any person rendering assistance for inquiry under this act need protection, the competent authority shall issue appropriate directions to the concerned government authorities (including police) which shall take necessary steps, through its agencies, to protect such complainant or public servant or persons concernedprotection of identity ofcomplainant12 the competent authority shall, notwithstanding any law for the time being in force, conceal, as required under this act, the identity of the complainant and the documents or information furnished by him, for the purposes of enquiry under this act, unless so decided otherwise by the competent authority itself or it became necessary to reveal or produce the same by virtue of the order of the courtpower to pass interim orders13 the competent authority, at any time after the making of disclosure by the complainant or public servant, if it is of the opinion that any corrupt practice required to be stopped during the continuation of any inquiry for the said purpose may pass such interim orders as it may deem fit, to prevent the immediate stoppage of such practice chapter vi offences and penalties| penalty | for ||-----------------|-------|| furnishing in- | || complete or in- | || correct or mis- | || leading com- | || ments or ex- | || planation | or || report | |14 where the competent authority, at the time of examining the report or explanations or report referred to in sub-section (3) of section 4 on the complaint submitted by organisations or officials concerned, is of the opinion that the organisations or officials concerned, without any reasonable cause, has not furnished the report within the specified time or mala fidely refused to submit the report or knowingly given incomplete, incorrect or misleading or false report or destroyed record or information which was the subject of the disclosure or obstructed in any manner in furnishing the report, it shall impose a penalty which may extend to two hundred fifty rupees for each day till report is furnished, so, however, the total amount of such penalty shall not exceed fifty thousand rupees:provided that no penalty shall be imposed against any person unless he has been given an opportunity of being heardpenalty for revealing identity of complainant15 any person, who negligently or mala fidely reveals the identity of a complainant shall, without prejudice to the other provisions of this act, be punishable with imprisonment for a term which may extend up to three years and also to fine which may extend up to fifty thousand rupees16 any person who makes any disclosure mala fidely and knowingly that it was incorrect or false or misleading shall be punishable with imprisonment for a term which may extend up to two years and also to fine which may extend up to thirty thousand rupeespunishment for false or frivolous disclosure punishment to head of department in certain cases17 (1) where an offence under this act has been committed by any department of government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he 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 department of government and it is proved that the offence has been committed with the consent or connivance of, or is attributable, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyoffences by companies18 (1) where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purposes of this section,—(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firm| appeal | to ||------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|| high court | || 19 | any person aggrieved by any order of the competent authority relating to impo- || sition of penalty under section 14 or section 15 may prefer an appeal to the high court within | || a period of sixty days from the date of the order appealed against: | |provided that the high court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in timeexplanation— for the purposes of this section, the "high court" means the high court within whose jurisdiction the cause of action arosebar of jurisdiction20 no civil court shall have jurisdiction in respect of any matter which the competentauthority 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 actcourt to take cognizance21 (1) no court shall take cognizance of any offence punishable under this act or therules or regulations made thereunder, save on a complaint made by the competent authority or any officer or person authorised by it(2) no court inferior to that of a chief metropolitan magistrate or a chief judicial magistrate shall try any offence punishable under this act chapter vii miscellaneousreport on disclosures22 (1) the competent authority shall prepare a consolidated annual report of theperformance of its activities in such form as may be prescribed and forward it to the central government or state government, as the case may be(2) on receipt of the annual report under sub-section (1), the central government or state government, as the case may be, shall cause a copy thereof to be laid before each house of parliament, or the state legislature, as the case may be: provided that where any other law for the time being in force provides preparing of such annual report by the competent authority, then the said annual report shall contain a separate part on the performance of activities under this act by the competent authorityprotection of action taken in good faith23 no suit, prosecution or other legal proceedings shall lie against the competent authority or against any officer, employee, agency or person acting on its behalf, in respect of anything which is in good faith done or intended to be done under this act24 (1) the central government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this actpower of central government to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the procedure for disclosure by writing or appropriate electronic means under sub-section (4) of section 3;(b) the manner in which the discreet inquiry shall be made by the competent authority under sub-section (2) of section 4;(c) the additional matter in respect of which the competent authority may exercise the powers of a civil court under clause (f) of sub-section (2) of section 6;(d) the form of annual report under sub section (1) of section 22;(e) any other matter which is required to be, or may be, prescribed25 the state government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this actpower of state government to make rules powers tomake regulations26 the competent authority may, with the previous approval of the central government or the state government, as the case may be, by notification in the official gazette, make regulations not inconsistent with the provision of the act and the rules made thereunder to provide for all matters for which provision is expedient for the purposes of giving effect to the provisions of this act notification and rules to be laid before parliament27 every notification issued and every rule made by the central government and every regulation made by the competent authority under this act shall be laid, as soon as may be after it is issued or made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or the rule or the regulation, or both houses agree that the notification or the rule or the regulation should not be made, the notification or the rule or 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 notification or rule or regulation28 every notification issued by a state government and every rule made by a state government and every regulation made by the competent authority under this act shall be laid, as soon as may be after it is issued, before the state legislaturenotification issued and rules made by state government to be laid before state legislaturepower to remove difficulties29 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty:provided that no such order shall be made after the expiry of a period of three 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 parliamentrepeal and savings30 (1) the government of india, ministry of personnel, public grievances and pensions (department of personnel and training) resolution no 371/12/2002-avd-iii dated the 21st april, 2004 as amended vide resolution of even number, dated the 29th april, 2004 is hereby repealed(2) notwithstanding such repeal, anything done or any action taken under the said resolution be deemed to have been done or taken under this act statement of objects and reasons corruption is a social evil which prevents proper and balanced social growth and economic development one of the impediments felt in eliminating corruption in the government and the public sector undertakings is lack of adequate protection to the complainants reporting the corruption or wilful misuse of power or wilful misuse of discretion which causes demonstrable loss to the government or commission of a criminal offence by a public servant2 the law commission of india had in its 179th report, interalia, recommended formulation of a specific legislation titled "the public interest disclosure (protection of informers) bill, 2002 to encourage disclosure of information regarding corruption or maladministration by public servants and to provide protection to such complainants the second administrative reforms commission in its 4th report on "ethics in governance" has also recommended formulation of a legislation for providing protection to whistleblowers the government of india had issued a resolution no 89, dated the 21st april, 2004 authorising the central vigilance commission as the designated agency to receive written complaints from whistle-blowers the said resolution also, inter alia, provides for the protection to the whistle-blowers from harassment, and keeping the identity of whistleblowers concealed it has been felt that the persons who report the corruption or wilful misuse of power or wilful misuse of discretion which causes domonstrable loss to the government or commission of a criminal offence by a public servant need statutory protection as protection given to them by the said resolution of the government of india would not suffice3 in view of the position stated in the foregoing paragraphs, it has been decided to enact a standalone legislation to, inter alia, provide—(a) for bringing within the scope of the bill, public servants being the employees of the central government or the state government or any corporation established by or under any central act or any state act, government companies, societies or local authorities owned or controlled by the central government or the state government and such other categories of employees as may be notified by the central government or, as the case may be, the state government, from time to time, in the official gazette;(b) adequate protection to the persons reporting corruption or wilful misuse of power or wilful misuse of discretion which causes demonstrable loss to the government or commission of a criminal offence by a public servant;(c) a regular mechanism to encourage such person to disclose the information on corruption or wilful misuse of power or wilful misuse of discretion by public servants or commission of a criminal offence;(d) the procedure to inquire or cause to inquire into such disclosure and to provide adequate safeguards against victimisation of the whistle-blower, that is the person making such disclosure;(e) safeguards against victimisation of the person reporting matters regarding the corruption by a public servant;(f) punishment for revealing the identity of a complainant, negligently or mala fidely;(g) punishment for false or frivolous complaints4 the notes on clauses explain in detail the provisions of the bill 5 the bill seeks to achieve the aforesaid objectivesnew delhi; prithviraj chavanthe 12th august, 2010 notes on clausesclause 1—this clause provides for the short title, extent and commencement of the proposed legislation it is proposed not to extend the provisions of the proposed legislation to the state of jammu and kashmir it further proposed to empower the central government to bring it into force on such date as it may appoint by notification in the official gazette and the central government may appoint different dates for different provisions of the actclause 2—this clause defines various expressions used in the proposed legislation which, inter alia, include the expressions "central vigilance commission", "competent authority", "disclosure", "electronic mail" or "electronic mail message", "government company", "public authority" and "public servant"clause 3— this clause lays down the requirements of public interest disclosure it provides that notwithstanding anything contained in the provisions of the official secrets act, 1923, any public servant [other than those referred to in clauses (a) to (d) of article 33 of the constitution] or any other person including any non-governmental organisation, may make a public interest disclosure before the competent authorityit further provides that any public servant, being a person or member referred to in clause (a) or clause (b) or clause (c) or clause (d) of article 33 of the constitution, may make a public disclosure if such disclosure does not, directly or indirectly, relate to, the members of the armed force or any matter relating to armed forces; the members of the forces charged with the maintenance of public order; persons employed in any bureau or other organisation established by the state for purposes of intelligence or counter intelligence or any matter relating to such bureau or other organisation, persons employed in, or in connection with, the telecommunication systems set up for the purposes of any force, bureau or organisation or any matter relating to such telecommunication system, bureau or organisationit further provides that any disclosure made under the proposed legislation shall be treated as public interest disclosure to be made before the competent authority which is made in good faith and the person making such disclosure shall make a personal declaration stating that he reasonably believes that the information disclosed by him and allegation contained therein is substantially trueit further provides that every disclosure shall be made in writing or by electronic mail or electronic mail message in accordance with the procedure as may be prescribed which shall contain full particulars and be accompanied by supporting documents, or other material and the competent authority may, if it deems fit, call for further information or particulars from the person making such disclosureit also provides that no action will be taken on public interest disclosure by the competent authority if the disclosure does not indicate the identity of the complainant or public servant making public interest disclosure or the identity of the complainant or public servant is found incorrect or falseclause 4— this clause provides for the powers and functions of the competent authority on receipt of public interest disclosure it provides that the competent authority shall, on receipt of a public interest disclosure, ascertain from the complainant or the public servant whether he was the person or the public servant who made the disclosure or not and conceal the identity of the complainant unless the complainant himself has revealed his identity to any other office or authority while making public interest disclosure or in his complaint or otherwiseit further provides that the competent authority, upon the receipt of the complaint and concealing the identity of the complainant, or the public servant in the first instance, make discreet inquiry, in such manner as may be prescribed, to ascertain whether there is any basis for proceeding further to investigate the disclosure and in case the competent authority, either as a result of the discreet inquiry, or on the basis of the disclosure itself without any inquiry, is of the opinion that the disclosure requires to be investigated, it shall seek the comments or explanation or report from the head of the department of the organisation or authority, board or corporation concerned or office concerned within such time as may specified by it and while doing so, the competent authority will not reveal the identity of the complainant or the public servant however, if the competent authority is of the opinion that it has, for the purpose of seeking comments or explanation or report from the head of the department of the organisation or authority, board or corporation concerned or office concerned may reveal the identity of the complainant or public servant to such head of the department of the organisation or authority, board or corporation concerned or office concernedit further provides that the competent authority, if after conducting an inquiry is of the opinion that, the facts and allegations contained in the disclosure are frivolous or vexatious; or there are no sufficient grounds for proceeding with the inquiry, it shall close the matterit also provides that after receipt of the comments or explanations or report referred to in sub-clause (3), if the competent authority is of the opinion that such comments or explanations or report reveals either wilful misuse of power or wilful misuse of discretion or substantiates allegations of corruption, it shall recommend to the public authority, for initiating proceedings against the concerned public servant; or, for taking appropriate administrative steps for redressing the loss caused to the government as a result of the corrupt practice or misuse of office or misuse of discretion, as the case may be; or, to recommend the appropriate authority or agency for initiation of criminal proceedings under the relevant laws for the time being in force, if so warranted by the facts and circumstances of the case; or, recommend for taking of corrective measures; or, any other appropriate measure which may be necessary for the purposes of the proposed legislationclause 5— this clause provides for the matters not be inquired by the competent authority it provides that if any matter specified or an issue raised in a disclosure has been determined by a court or tribunal authorised to determine the issue, after consideration of the matters specified or issue raised in the disclosure, the competent authority shall not take notice of such disclosure to the extent that the said disclosure seeks to reopen such issueit further provides that the competent authority shall not entertain or inquire into any disclosure, in respect of which a formal and public inquiry has been ordered under the public servants (inquiries) act, 1850 or in respect of a matter which has been referred for inquiry under the commissions of inquiry act, 1952 and shall not investigate, any disclosure involving an allegation, if the complaint is made after the expiry of five years from the date on which the action complained against is alleged to have taken placeit also provides that nothing in the proposed legislation shall be construed as empowering the competent authority to question, in any inquiry under the proposed legislation, any bona-fide action or discretion (including administrative or statutory discretion) exercised in discharge of duty by the employeeclause 6— this clause lays down the powers of the competent authority it provides that without prejudice to the powers conferred upon the competent authority under any other law for the time being in force, the competent authority, may require, for the purpose of any inquiry any public servant or any other person who in its opinion shall be able to furnish information or produce documents relevant to the inquiry or assist in the inquiry, to furnish any such information or produce any such document as may be necessary for the said purposeit further provides that for the purpose of any such inquiry (including the preliminary inquiry), the competent authority shall have all the powers of a civil court while trying a suit under the code of civil procedure, 1908 and that all proceedings under the proposed legislation shall be deemed to be judicial proceedings for the purposes of sections 193 and 228 of the indian penal code and for section 195 and chapter xxvi of the code of criminal procedure, 1973it further provides that subject to the provisions of clause 7, no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the government or any public servant, whether imposed by the official secrets act, 1923 or any other law for the time being in force, shall be claimed by any public servant in the proceedings before the competent authority or any person or agency authorised by it in writing and the government or any public servant shall not be entitled in relation to any such inquiry, to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any rules made thereunderit also provides that the competent authority, while exercising the powers of the civil court, shall take steps as necessary to ensure that the identity of the person making complaint has not been revealed or compromisedclause 7—this clause deals with certain matters exempted from disclosure it provides that no person shall be required or be authorised by virtue of provisions contained in the proposed legislation to furnish any such information or answer any such question or produce any document or information or render any other assistance in the inquiry under the proposed legislation, if such question or document or information is likely to prejudicially affect the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign state, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence, which might involves the disclosure of proceedings of the cabinet of the union government and cabinet of the state or any committee of the cabinetit further provides that a certificate issued by a secretary to the government of india or the secretary to the state government, as the case may be, or, any authority so authorised by the central or state government certifying that any information, answer or portion of a document is of the nature specified which might involves the disclosure of proceedings of the cabinet of the union government and cabinet of the state or any committee of the cabinet shall be binding and conclusiveit also provides that no person shall be compelled for the purposes of inquiry under the proposed legislation to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a courtclause 8—this clause provides for the superintendence of competent authority over appropriate machinery it provides that every public authority shall, for the purposes of dealing or inquiry into the disclosures sent to it under sub-clause (3) of clause 4, create appropriate machinery for the said purpose and shall exercise superintendence over the working of such machinery and give such directions for its proper functioning, from time to time, as it may consider necessaryclause 9— this clause makes provisions for the competent authority to take assistance of police authorities in certain cases it provides that for the purpose of making discreet inquiry or obtaining information from the organisation concerned, the competent authority shall be authorised to take assistance of the delhi special police establishment or the police authorities, or any other authority as may be considered necessary, to render all assistance to complete the inquiry within the specified time pursuant to the disclosure received by the competent authorityclause 10—this clause empowers by providing safeguards against victimization it provides that the central government shall ensure that no person or a public servant who has made a disclosure under the proposed legislation is victimized by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under the proposed legislation and if any person is being victimized or likely to be victimized on the ground that he had filed a complaint or made disclosure or rendered assistance in inquiry, he may file an application before the competent authority seeking redress in the matter, and such authority while taking an action may give suitable directions to the concerned public servant or the public authority, as the case may be, to protect such person from being victimized or avoid his victimizationit further provides that every direction given under sub-clause (1) by the competent authority shall be binding upon the public servant or the public authority against whom the allegation of victimization has been proved and notwithstanding anything contained in any other law for the time being in force, the power to give directions under sub-clause (2), in relation to a public servant, shall include the power to direct the restoration of the public servant making the disclosure, to the status quo anteclause 11—this clause provides for protection of witnesses and other persons it provides that if the competent authority either on the application of the complainant, or witnesses, or on the basis of information gathered, is of the opinion that either the complainant or public servant or the witnesses or any person rendering assistance for inquiry under the proposed legislation need protection, the competent authority shall issue appropriate directions to the concerned government authorities, including police, which shall take necessary steps to protect such complainant or public servant or persons concernedclause 12—this clause provides for protection of identity of complainant it provides that the competent authority shall, notwithstanding anything contained in any other law for the time being in force, conceal, the identity of the complainant and the documents or information furnished by him, for the purposes of enquiry, unless so decided otherwise by the competent authority itself or it became necessary to reveal or produce the same by virtue of the order of the courtclause 13—this clause empowers the competent authority to pass interim ordersit provides that the competent authority, at any time after the making of disclosure by the complainant or public servant, if it is of the opinion that any corrupt practice required to be stopped during the continuation of any inquiry for the said purpose may pass such interim orders as it may deem fit, to prevent the immediate stoppage of such practiceclause 14—this clause makes provision for penalty for furnishing incomplete or incorrect or misleading comments or explanation or report it provides that the competent authority, at the time of examining the report or explanations or report on the complaint submitted by organisations or officials concerned, is of the opinion that the organisations or officials concerned, without any reasonable cause, has not furnished the report within the specified time or mala fidely refused to submit the report or knowingly given incomplete, incorrect or misleading or false report or destroyed record or information which was the subject of the disclosure or obstructed in any manner in furnishing the report, shall impose a penalty which may extend to two hundred fifty rupees for each day till report is furnished, however, the total amount of such penalty not to exceed fifty thousand rupees but no penalty shall be imposed against any person without giving him an opportunity of being heardclause 15— this clause contains the provision for penalty for revealing identity of complainant it provides that any person, who negligently or mala fidely reveals the identity of a complainant shall be punishable with imprisonment for a term which may extend up to three years and also to fine which may extend up to fifty thousand rupeesclause 16—this clause provides for punishment for false or frivolous disclosure it provides that any person who makes any disclosure mala fidely and knowingly that it was incorrect or false or misleading shall be punishable with imprisonment for a term which may extend up to two years and also to fine which may extend up to thirty thousand rupeesclause 17—this clause provides for punishment to the head of the department in the government it provides that where an offence under the proposed legislation has been committed by any department of the government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offenceit further provides that if an offence has been committed by a department of government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any other officer, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 18—this clause contains provisions for offences by companies it provides that where an offence under the proposed legislation has been committed by a company, every person directly in charge of, and responsible to, the company for the conduct of its business at the time of commission of offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence it also provides that where any offence under the proposed legislation has been committed with the consent or connivance of, or attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly the explanation to the clause seeks to define the terms "company" and "director"clause 19—this clause makes provision for filing of an appeal to the high court it provides that any person aggrieved by an order made by the competent authority relating to imposition of penalty, for furnishing incomplete or incorrect or misleading comments or explanation or report under clause 14 or for revealing identity of complainant under clause15 may prefer an appeal to the high court within a period of sixty days from the date of the orderit further provides that the high court may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said periodclause 20—this clause provides for exclusion of jurisdiction of civil courts it provides that no civil court shall have jurisdiction in respect of any matter which the competent authority is empowered by or under the proposed legislation to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the proposed legislationclause 21—this clause provides for courts to take cognizance of an offence it provides that no court shall take cognizance of any offence punishable under proposed legislation, save on a complaint made by the competent authority or any officer or person authorised by it and no court inferior to that of a chief metropolitan magistrate or a chief judicial magistrate shall try any offence punishable under the proposed legislationclause 22—this clause seeks to empower the competent authority to prepare a report on disclosures it provides that the competent authority shall prepare a consolidated annual report of the performance of its activities in such form as may be prescribed by the central government and forward it to the central government or state government, as the case may be, which would be laid, before parliament by the central government and, before state legislature by the state government it further provides that if any other law for the time being in force provides preparing of the annual report by the competent authority, then the said annual report shall contain a separate part on the performance of activities under the proposed legislation by the competent authorityclause 23—this clause provides for protection of action taken in good faith it provides that no suit, prosecution or other legal proceedings shall lie against the competent authority or against any officer, employee, agency or person acting on its behalf, for anything which is in good faith done or intended to be done under the proposed legislationclause 24—this clause confers power on the central government to make rules it provides that the central government may, by notification in the official gazette, make rules to carry out the provisions of the proposed legislation sub-clause (2) enumerates matters for which such rules may be made by the central governmentclause 25—this clause confers power on the state government to make rules it provides that the state government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of the proposed legislationclause 26—this clause empowers the competent authority to make regulations it provides that the competent authority may, with the previous approval of the central government or the state government, as the case may be, by notification in the official gazette, make regulations not inconsistent with the provisions of the proposed legislation and for giving effect to the provisions of the proposed legislationclause 27—this clause provides for laying of rules, regulations and notifications before parliament it provides that every rule made and every notification issued by the central government and every regulation made by the competent authority under the proposed legislation shall be laid before each house of parliamentclause 28—this clause provides for laying of rules, regulations and notifications before the state legislature it provides that every rule made and every notification issued by the state government and every regulation made by the competent authority under the proposed legislation shall be laid before the state legislatureclause 29—this clause makes provision for power to remove difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may, by order, not inconsistent with the provisions of the proposed legislation, remove the difficultyit provides that no such order shall be made after the expiry of a period of three years from the date of commencement of the proposed legislation it also provides that every order under this clause shall, as soon as may be after it is made, be laid before each house of parliamentclause 30—this clause relates to the repeal and savings it provides for the repeal of the resolution of the government of india, ministry of personnel, public grievances and pensions (department of personnel and training) issued vide no 371/12/2002-avd-iii, dated the 21st april, 2004 as amended vide resolution of even number, dated the 29th april, 2004it further provides that notwithstanding the said repeal, anything done or any action taken under the said resolution be deemed to have been done or taken under the proposed legislation memorandum regarding delegated legislationsub-clause (1) of clause 24 empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation subclause (2) enumerates the matters in respect of which such rules may be made these matters, inter alia, specifies the procedure for disclosure in writing or appropriate electronic means under sub-clause (4) of clause 3; the manner in which the discreet inquiry is to be made by the competent authority under sub-clause (2) of clause 4; the additional matter in respect of which the competent authority may exercise the powers of a civil court under sub-clause (2) of clause 6; the form of annual report under sub-clause (1) of clause 222 clause 25 empowers the state government to make, by notification in the official gazette, rules, for carrying out the provisions of the proposed legislation3 clause 26 empowers the competent authority, with the previous approval of the central government or the state government, to make, by notification in the official gazette, regulations, consistent with the provisions of the proposed legislation and the rules made thereunder to provide for all matters for which provision is expedient for the purposes of giving effect to the provisions of the proposed legislation4 clause 27 provides that rules and regulations made by the central government are required to be laid before each house of parliament and rules and regulation made by the state government are required to be laid before each house of the state legislature5 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———— a billto establish a mechanism to receive complaints relating to disclosure on any allegation ofcorruption or wilful misuse of power or wilful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimization of the person making such complaint and for matters connected therewith and incidental thereto————(shri prithviraj chavan, minister of state for personnel, public grievance and pensions) | Parliament_bills | 037ac48f-8a21-5064-b6d7-6409a7631053 |
'2 0 a fj g l~ 81 ~ bill no 99 of 1981 -- ~-- c the delhi university (amendment) bill, 1981 a bill further to amend the delhi university act, 1922be it enacted by parliament in the thirty-second year of the republic of india as 1011ows:-1 (1) thi'3 act may be called the delhi university (amendment) act, 1981 5 (2) it shall be deemed to have come into force on the 9th day of june, 1981 shott title and commencement 80f 1922 amendmentof section 5 2 in section 5 of the delhi university act, 1922 (hereinafter referred to as the principal act), after sub-section (1), the following sub-section shall be itlserted, namely:-10 "(ia) notwithstanding anything contained in sub-secti'on (1), the central government may, if it is of opinion that it i's necessary or expedient '30 to do in the public interest, direct, by order in writing, the university to admit to its privileges any i'nstitution situated outside india and the university shall be bound to comply with such di'rection" <t of 1981 3 (1) the delhi university (amendment) ordinance, 1981, is hereby repealed repeal and saving (2) notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance shel1 be deemed 20 to have been done or taken under the principal act as amended by this , act statement of objects and reasonsfrom time to time government of india ha; been receiving requests from friendly foreign countries having no university of their own or the welfare associations of indians domiciled in foreign countries for affiliation of their institut~ons of higher education to a univernity in india it has, however, not been possible for the government to accede to such requests because none of the univernities in india has extra-territorial jurisdiction recently a request was recerv~d frorri a friendly foreign country for affiliation of their proposed degree college to the university of delhi for three-year degree course in order to make it p()3sible for the government to acceae to such requests and to enable the university of delhi to affiliate colleges outside india, it was decided to amend,section 5 of the delhi university act to empower the central government, if it is of opinion that it is necessary or expedient so to do in the public intereo3t, to issue a directive in writing to the university of delhi to admit 'to its privileges any institution situated outside india 2 in view of the fact that the foreign country which approached the government for affiliation of its college to delhi university desired that the college should start functioning from the academi'c ses3ion beginning in july, 1981, the president promulgated an ordinance namely, the delhi university (amendment) ordinance, 1981, on 9th june, 1981 amending the delhi uni'versity act for the purpose of granting affiliation to colleges situated outside india the present bill t3eeks to replace tl\e said ordinance new delm; the 11th august, 1981 sheila kaul a bll,l further to amend the delhi university act, 1922 (smt sheila kg1&! mini:ster of state in the ministries of education and social we~fare) | Parliament_bills | dba91e6d-303c-5305-a90a-715274353bed |
bill no 68 of 2014 the prevention of cruelty to cows bill, 2014 by shri sunil kumar singh, mp a billto provide for effective measures for the prevention of cruelty to cows and for matters connected therewith whereas cow is subjected to inhuman cruelty and atrocities resulting in law and order problems and breach of peace, alarming depletion in its population, decline in its growth rate and sharp reduction in cow-human ratio and consequent malnutrition, disease, disabledness, poverty, unemployment and pollution of agricultural products and environment, it is expedient in the interest of the nation to take effective steps to prevent cruelty to and killing of cows and its progeny by an effective legislation to give effect to the provisions of the directive principles of state policy contained in articles 47, 48 and 48a of the constitutionbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the prevention of cruelty to cows act, 2014short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "beef" means flesh of cow or its progeny in any form;(b) "beef products" include extraction from beef; (c) "cow" includes its progeny including bulls and bullocks; (d) "export" means taking to a place outside india; (e) "injury" means—5(i) torturing any cow so as to subject it to unnecessary pain or suffering orcausing or permitting any cow to be so treated;(ii) abandoning any cow in such circumstances which render it likely thatit will suffer pain;10(iii) wilfully permitting any cow, by its owner to go at large in any street,while the cow is affected with any contagious or infectious disease or without reasonable excuse permit any diseased cow to die and includes killing of cow; and(iv) practicing phooka or doom dev or injecting any substance in the bodyof the cow for improving lactation15(f) ''killing'' means killing by any method whatsoever and includes inflicting physical injury which in ordinary course causes death; and(g) "prescribed" means prescribed by rules made under this act3 it shall be the duty of every person having the care or charge of any cow to take all reasonable measures to ensure that the contravention of the provisions of this act does not take placeduty of persons having charges of cows204 (1) notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary, no person shall cause any injury or kill or attempt to cause injury or kill for any purpose, whatsoever, any cow in any place to which this act extendskilling or causing injury or cruelty to cow prohibited(2) nothing in this section shall apply to,—25(a) the dehorning of cows; or(b) the extermination and destruction of cows under the authority of any law for the time being in force and in the manner prescribed thereunder 5 no person shall export a cow for the purpose of killing it either directly or through his agent or servant or by any other person acting on his behalfrestriction onexport ofcows30prohibition on sale of beef6 notwithstanding anything contained in any other law for the time being in force, noperson shall possess or offer for sale or sell or transport beef or beef products in any formpenalty357 (1) whoever kills or attempts to kill or abets the killing of cow shall be deemed to beguilty of committing an offence punishable with rigorous imprisonment for a term which may extend to seven years but which shall not be less than two years and with fine which may extend to fifty thousand rupees on each cow(2) whoever causes or attempts to cause or abets in causing injury to, other thankilling of, cow shall be deemed to be guilty of committing an offence punishable with fine which may extend to ten thousand rupees40(3) whoever contravenes or attempts to contravene or abets the contravention of theprovisions of section 5 or section 6 shall be deemed to be guilty of committing an offence punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees8 the central government shall establish a research and development institute for cow and its progenyestablishment of research and development institute59 of 19609 the provisions of this act shall override the provisions of the prevention of cruetly to animals act, 1960 or any other law for the time being in force to the extent of inconsistencyact to have overriding effect power to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act510(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonscow is subjected to inhuman cruelty resulting in decline in its growth rate and sharp reduction in cow-human ratio it is in the interest of the nation to take effective steps to prevent cruelty to cows including killing of cows, which is the most extreme form of cruelty and to punish the guilty with the growing adoption of non-conventional energy sources like bio-gas plants, even waste material have come to assume considerable value after the cattle cease to breed or are too old to do work, they still continue to give dung for fuel, manure and bio-gas, and therefore, they cannot be termed as useless it is well established that the cow is the backbone of indian agricultureunder article 48 of the constitution, a duty has been cast upon the government to prohibit slaughter of cows and calves acting under this directive principle, the union parliament has got the legislative competence to enact a law on the subjectit is, therefore, proposed to enact a uniform central law, namely, the prevention of cruelty to cows act, 2014 under entry 17 of the concurrent list in the seventh schedule to the constitutionthe salient features of the bill are—(i) making it a duty of every person having the care or charge of any cow to prevent any cruelty to it;(ii) prohibition on killing or causing injuries to cows; (iii) restriction on export of cows; (iv) prohibition on sale or transport of beef or beef products; and (v) penalties for contravention of the aforesaid provisionshence this billnew delhi;sunil kumar singhjuly 1, 2014 financial memorandumclause 8 of the bill provides for the establishment of a research and development institute for cow and its progeny the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure to the tune of rupees two hundred crore per annuma non-recurring expenditure to the tune of rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for effective measures for the prevention of cruelty to cows and for matters connected therewith————(shri sunil kumar singh, mp)gmgipmrnd—1314ls(s3)—23072014 | Parliament_bills | 414e2668-e972-5981-a7e0-03edca6619cf |
bill no 187 of 2014 the national capital territory of delhi laws (special provisions) amendment bill, 2014 a billto amend the national capital territory of delhi laws (special provisions) second act, 2011be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the national capital territory of delhi laws (special provisions) amendment act, 201420 of 2011amendment of long title52 in the national capital territory of delhi laws (special provisions) secondact, 2011 (hereinafter referred to as the principal act), in the long title, for the words, figures and letters "for a further period up to the 31st december, 2014", the words, figures and letters "for a further period up to the 31st day of december, 2017" shall be substitutedamendment of preamble103 in the principal act, in the last paragraph of the preamble, for the words, figuresand letters "for a period up to the 31st december, 2014", the words, figures and letters "for a period up to the 31st day of december, 2017" shall be substitutedamendment of section 14 in the principal act, in section 1, in sub-section (4), in the opening portion, for the words, figures and letters "it shall cease to have effect on the 31st day of december, 2014", the words, figures and letters "it shall cease to have effect on the 31st day of december, 2017" shall be substituted5 in the principal act, in section 3, ––amendment of section 35(a) in sub-section (3), for the words, figures and letters "till the 31st day of december, 2014", the words, figures and letters "till the 31st day of december, 2017" shall be substituted;10(b) in sub-section (4), for the words, figures and letters "at any time before the31st day of december, 2014", the words, figures and letters "at any time before the 31st day of december, 2017" shall be substituted statement of objects and reasonsthe phenomenal growth of delhi had its inevitable implications and impact in terms of shelter, including squatter settlements, and other infrastructure facilities this has led to problems of encroachment on public land, growth of slums, unauthorised constructions, large scale commercialisation of residential areas and inadequacy of housing2 further when master plan for delhi-2021(mpd-2021) was being prepared, in order to protect certain forms of unauthorised developments from punitive action, the delhi laws (special provisions) act, 2006 was enacted on 19th may, 2006 which was effective for a period of one year this was followed by similar acts which were also effective for one year each however, the national capital territory of delhi laws (special provisions) second act, 2011 was effective for a period of three years and is expiring on the 31st december, 20143 as per the provisions of the said act of 2011, orderly arrangements had to be made for relocation or rehabilitation of slum dwellers and jhuggi-jhompri clusters; regulation of street vendors; regularisation of unauthorised colonies, village abadi areas and their extensions and existing farm houses; regularisation of schools, dispensaries, religious and cultural institutions, storages, warehouses and godowns built on agricultural land; redevelopment of existing godown clusters and building regulations for special areas4 while progress has been made in evolving the policies, norms and strategies towards implementation of the act, more time is needed to bring in orderly arrangements keeping in view the current ground realities in the national capital territory of delhi further the norms, policies and guidelines for unauthorised developments, including complexities in regularising unauthorised colonies, may also need to be appropriately modified to bring them in conformity with revised mpd-2021 the review of mpd-2021 is likely to be completed in early 20155 the objective of the extension of time is not only to protect certain forms of unauthorised developments from punitive action in the national capital territory of delhi but also to provide for opportunity to the government agencies to finalise the norms, policy guidelines and feasible strategies as well as the orderly implementation of the plan in this regard6 in view of above, it is necessary to extend the provisions of the national capital territory of delhi laws (special provisions) second act, 2011 (20 of 2011) for a period of three years from 1st january, 2015 to 31st december, 2017new delhi;the 12th december, 2014 annexure extracts from the national capital territory of delhi laws (special provisions) second act, 2011 (20 of 2011)an act to make special provisions for the national capital territory of delhi for a further period up to the 31st day of december, 2014 and for matters connected therewith or incidental thereto and whereas it is expedient to have a law in terms of the master plan for delhi, 2021, in continuation of the said acts for a period up to the 31st day of december, 2014 to provide for relief and to minimise avoidable hardships and irreparable loss to the people of the national capital territory of delhi against any punitive action by any agency in respect of the persons covered by the policies referred to above1 (1) short title, extent, commencement and duration10 of 1897(4) it shall cease to have effect on the 31st day of december, 2014, 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 act3 (1) enforcement to be kept in abeyance(3) all notices issued by any local authority for initiating action against encroachment or unauthorised development in respect of areas 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, 2014, if—(a) it is constructed prior to the dates specified for different areas as enumerated in sub-section (2);(b) it conforms to the safety standards as in force or such other safety requirements as may be notified by the central government; and(c) it complies with the directions with respect to safety, if any, issued by the central government:provided that in case punitive action is required to be taken by any local authority, prior approval of the administrator of the national capital territory of delhi or the officer authorised by him in this behalf, shall be obtained by the authority or officer concerned (4) notwithstanding any other provision contained in this act, the central government may, at any time before the 31st day of december, 2014, withdraw the exemption by notificaion in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be ———— a billto amend the national capital territory of delhi laws (special provisions)second act, 2011————(shri m venkaiah naidu, minister of urban development)gmgipmrnd—3589ls(s3)—12-12-2014 | Parliament_bills | e6401ca4-e37a-5b88-a3da-38183f995a84 |
bill no 135 of 2012 the promotion of small family bill, 2012 bydr (smt) botcha jhansi lakshmi, mpa billto provide for measures to promote small family norm and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the promotion of small family act, 2012 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5definition2 in this act, unless the context otherwise requires "government" means either the state government or the central government, as the case may be3 no person shall procreate more than two living children after a period of one year from the date of commencement of this actno person to procreate more than two living children4 a person who procreates more than two living children shall—penalties for violation5(a) not be given any employment in any services under the government and ifhe is already in government service, he shall not be eligible for benefits such as annual increment, health care facility, leave travel concession facility or any other facility which the government provides to its employees from time to time;(b) not be entitled to have facilities of drawing ration from public distributionsystem; and(c) not be entitled to avail benefit in any welfare scheme of the governmentpunishment105 any person violating the provisions of this act shall be punished with rigorousimprisonment for a term which shall not be less than one year and with fine which shall not be less than rupees one lakh6 any person who voluntarily decides not to procreate more than one child shall be—incentives for opting single child norm(i) provided a monthly allowance of rupees two thousand in case he is not agovernment servant and rupees five hundred in case he is a government servant;15(ii) provided with a suitable accommodation at subsidised rates; (iii) given loans at reducd interest rates; and (iv) given ration items at subsidised rates207 it shall be the responsibility of the government to take care of the persons who remain childless after they complete the age of sixty with respect to their boarding, lodging and medical needs if they have no source of incomegovernment to look after those who remain childless8 in case any person, who has been given benefits under section 6, procreates more than two children, the benefits given to him shall be immediately withdrawn and the amount equivalent of the benefits given in the past shall be recovered from himpenalties for those procreating after getting benefits under section 6259 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate fund for carrying out the purposes of this act from time to timecentral government to provide fundsact to have over-ridding effect10 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force3011 the provisions of this act shall be in addition to and not in derogation of anyother law, for the time being in forceact not in derogation of any other lawpower to make rules12 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act3540(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe population explosion in the country is posing a serious threat and it is a great hindrance in the development of the country the per-capita income in the country is among the lowest in the world despite the huge increase in gnp/gdp we are not able to exploit the benefit of the latest technologies in various fields due to rise in population population explosion results in lack of food, water and other facilities including medical facilities for the general public our neighboring country china has become very successful in controlling the population by adopting stringent measures, which proves the fact beyond doubt that without penal measures the population in the country cannot be controlledthis bill aims to achieve the above objectivenew delhi;botcha jhansi lakshminovember 7, 2012 financial memorandumclause 6 of the bill provides for giving benefits to those persons who opt for single child norm clause 7 provides that the government shall be responsible for looking after the couples, who choose to remain childless clause 9 provides for payment of adequate funds to the states for carrying out the purposes of the act 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, is likely to involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore will be involved as recurring expenditure per annum from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for measures to promote small family norm and for matters connected therewith or incidental thereto————[dr (smt) botcha jhansi lakshmi, mp]gmgipmrnd—3450ls(s3)—30-11-2012 | Parliament_bills | 5d976314-422e-572f-91a8-3306d8e25824 |
bill no 180 of 2016 the wild life (protection) amendment bill, 2016 byshri sukhbir singh jaunapuria, mp a billfurther to amend the wild life (protection) act, 1972be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the wild life (protection) amendment act, 2016amendment of section 953 of 197252 section 9 of the wild life (protection) act, 1972 shall be numbered as sub-section (1)thereof, and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:— "(2) nothing in sub-section (1) shall apply to the hunting of the wild animals in the state of rajasthan" statement of objects and reasonsthe wild life (protection) act, 1972 has been enacted with a view to ensure ecological and environmental security of the country by preserving and protecting the wild life in the country section 9 prohibits hunting of certain wild animals specified in schedules i to iv to the act however, section 11 empowers the chief wild life warden or the authorised offices to permit any person to hunt wild animal which has become dangerous to human life or property including standing crops on any landwild animals especially tigers are found in the forests in the state of rajasthan and they have become a great threat to the human life and cause a great damage to the agriculture as the wild animals multiply quickly, their number has increased alarmingly the act prohibits the hunting of wild animals therefore, the villagers in the state of rajasthan are helpless when these animals enter their fields and damage their crops in many cases, when villagers tried to shoo away these animals out of their fields, the animals attacked them thereby putting their lives to threat it is, therefore, necessary that the act should be amended so as to permit hunting of wild animals in the state of rajasthanhence, this billnew delhi;sukhbir singh jaunapuriajuly 4, 2016 annexureextract from the wild life (protection) act, 1972(53 of 1972) prohibition of hunting9 no person shall hunt any wild animal specified in schedules i, ii, iii and iv except as provided under section 11 and section 12 ———— a billfurther to amend the wild life (protection) act, 1972————(shri sukhbir singh jaunapuria, mp )gmgipmrnd—1434ls(s3)—22-07-2016 | Parliament_bills | ea6f4cc7-c037-5212-9e12-fc271e411124 |
statement of objects and reasonsthe bill is complementary to the copyright (second amendm bill 1992 'the copyright (second amendment) bill, 1992 seeks amend the provisions of the copyright act, 1957 inter alia to make | vision for payment of remuneration to the owners of rights reproduc of works by reprographic equipment or by means of devices such as tap recorders and video-cassette recorders where such reproduction woul to the payment of remuneration to copyright owners by means of a | on such equipment, this bill seeks to provide for levy, by way of cess, of duties of excise and customs on the manufacture and import respectiy ly of the relevant equipment in order to give effect to the aforesaid previsions of the copyright (second amendment) bill, 1992 2 the bill seeks to achieve the above object new denar; the 6th may, 1992 financial memorandumclause 3 of the bill seeks to provide for the levy, by way of a cess, of a duty of excise on copying equipment as defined under clause 2 clause 4 seeks to provide for the levy, by way of cess, of a duty of customs on such equipment subject to the maximum rate of 10% the actual rate of levy is to be fixed by the central government by notification - 2 the provisions of the copyright cess bill, 1992, are to be read with those of clause 11 of the copyright (second amendment) bill, 1992 the necessity for levy of cess will arise only after the central government reaches the conclusion that the rights of copyright holders in any class of work are being administered generally throughout india by one or more copyright societies as contemplated in clause 11 of the said bill this will depend on the voluntary decision of copyright owners to establish copyright societies and entrust administration of thier rights to them it will not be possible at present to forecast as to when the societies will actually come into being in respect of different classes cf work it is, therefore, not possible at this stage to forecast the quantum of levy however, on the basis of available information regarding the production of the relevant copying equipment, it is possible to estimate that after the levy is being collected on the relevant types of copying equpiment, at an average rate of 5% of the value of equipment, it may be of the order of rs 75 crores per annum the expenditure on the collection of the said cess would be deducted from the proceeds and would be about four per cent of the proceeds as is being charged normally in respect of similar levies | | 3, the bill does not involve any other expenditure, either recurring cr non-recurring memorandum regarding delegated legislationclause 7 empowers the central government to make rules for carrying out the purposes of the proposed legislation the matters with respect to which rutes may be made have been detailed in sub-clause (2) and relate mainly to prescribing the 'form for furnishing - statistical and other information by the manufacturers or importers of copying equipment j | 2 as-the matters with respect to which rules under the aforesaid clause: are sought to be made are matters of procedure or detajl or matters with respect to which it is not practicable to make express provision in the legislation itself, the delegation of legislative power is of normal in character, ' | Parliament_bills | 85440ab7-a218-5de5-8ea1-5827e78655d0 |
bill no 92 of 2014 the apprentices (amendment) bill, 2014 a bill further to amend the apprentices act, 1961be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the apprentices (amendment) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint552 of 1961amendment of section 22 in the apprentices act, 1961 (hereinafter referred to as the principal act), in section 2,—(i) in clause (d), in sub-clause (1), after item (b), the following item shall be inserted, namely:—10"(bb) any establishment which is operating business or trade from different locations situated in four or more states, or";(ii) for clauses (e), (j) and (k), the following clauses shall respectively be substituted, namely:—5'(e) "designated trade" means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course which the central government, after consultation with the central apprenticeship council, may, by notification in the official gazette, specify as a designated trade for the purposes of this act;10( j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or non-engineering or technology or equivalent qualification granted by any institution recognised by the government and undergoes apprenticeship training in any designated trade;15(k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or non-engineering or technology or any vocational course may be specified as a designated trade or optional trade or both;'; (iii) after clause (l), the following clauses shall be inserted, namely:—'(ii) "optional trade" means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course as may be determined by the employer for the purposes of this act;20(iii) "portal-site" means a website of the central government for exchange of information under this act;'; (iv) in clause (pp), for the words "such subject field in any vocational course as may be prescribed", the words "designated trade" shall be substituted;(v) for clauses (q) and (r), the following clauses shall be substituted, namely:—25'(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any designated trade;30(r) "worker" means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause (aa)'amendment of section 33 in section 3 of the principal act, for clause (a), the following clause shall be substituted, namely:—"(a) is not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen years of age; and"354 in section 4 of the principal act,—amendment of section 4(i) for sub-section (4), the following sub-sections shall be substituted, namely:—40"(4) every contract of apprenticeship entered into under sub-section (1)shall be sent by the employer within thirty days to the apprenticeship adviser until a portal-site is developed by the central government, and thereafter the details of contract of apprenticeship shall be entered on the portal-site within seven days, for verification and registration45(4a) in the case of objection in the contract of apprenticeship, the apprenticeship adviser shall convey the objection to the employer within fifteen days from the date of its receipt(4b) the apprenticeship adviser shall register the contract of apprenticeship within thirty days from the date of its receipt"; (ii) sub-section (5) shall be omitted5 after section 5 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 5a and 5bregulation of optional trade"5a the qualification, period of apprenticeship training, holding of test, grant of certificate and other conditions relating to the apprentices in optional trade shall be such as may be prescribed55b the employer may engage apprentices from other states for the purpose ofproviding apprenticeship training to the apprentices"engagement of apprentices from other states6 in section 6 of the principal act,—amendment of section 6(i) in clause (a), for the words "determined by that council", the word"prescribed" shall be substituted;10(ii) for clause (aa), the following clause shall be substituted, namely:—15"(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a board or state council of technical education or any other authority or courses approved under any scheme which the central government may, by notification in the official gazette specify in this behalf, have passed the trade tests or examinations conducted by that board or state council or authority or by any other agency authorised by the central government, the period of apprenticeship training shall be such as may be prescribed;"7 for section 8 of the principal act, the following section shall be substituted, namely:—substitution of section 820"8 (1) the central government shall prescribe the number of apprentices to be engaged by the employer for designated trade and optional tradenumber of apprentices for a designated trade and optional trade(2) several employers may join together either themselves or through an agency, approved by the apprenticeship adviser, according to the guidelines issued from time to time by the central government in this behalf, for the purpose of providing apprenticeship training to the apprentices under them"258 in section 9 of the principal act,—amendment of section 9(i) for sub-section (1), the following sub-section shall be substituted, namely:—30"(1) every employer shall make suitable arrangements in his workplace for imparting a course of practical training to every apprentice engaged by him";(ii) for sub-section (3), the following sub-section shall be substituted, namely:—3540"(3) such of the trade apprentices who have not undergone institutional training in a school or other institution recognised by the national council or any other institution affiliated to or recognised by a board or state council of technical education or any other authority which the central government may, by notification in the official gazette, specify in this behalf, shall, before admission in the workplace for practical training, undergo a course of basic training and the course of basic training shall be given to the trade apprentices in any institute having adequate facilities";(iii) sub-sections 4a, 4b, 5 and 6 shall be omitted(iv) for sub-section (7) and sub-section (7a), the following sub-sections shall be substituted, namely:—5"(7) in the case of an apprentice other than a graduate or technician apprentice or technician (vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training in any designated trade shall be such as may be approved by the central government in consultation with the central apprenticeship council10(7a) in the case of graduate or technician apprentices or technician(vocational) apprentices, the programme of apprenticeship training and the facilities required for such training in any designated trade shall be such as may be approved by the central government in consultation with the central apprenticeship council"; (v) in sub-section (8), in clause (c), after the words ''employer alone", the words"except apprentices who holds degree or diploma in non-engineering" shall be inserted159 in section 15 of the principal act,—amendment of section 15(i) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) the weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed";20(ii) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) an apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training"amendment of section 1910 in section 19 of the principal act, for sub-section (2), the following sub-sections shall be substituted, namely:—25"(2) until a portal-site is developed by the central government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed:30(3) every employer shall also give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-site developed by the central government in this regard" 11 in section 21 of the principal act,—amendment of section 21(i) for sub-section (1) the following sub-section shall be substituted, namely:—35"(1) every trade apprentice who has completed the period of training may appear for a test to be conducted by the national council or any other agency authorised by the central government to determine his proficiency in the designated trade in which he has undergone apprenticeship training"; (ii) in sub-section (2), after the words "national council", the words "or by the other agency authorised by the central government" shall be insertedamendment of section 224012 in section 22 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—"(1) every employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment" 13 in section 30 of the principal act,—amendment of section 30(i) for sub-section (1), the following sub-sections shall be substituted, namely:—45"(1) if any employer contravenes the provisions of this act relating to the number of apprentices which he is required to engage under those provisions, he shall be given a month's notice in writing, by an officer duly authorised in this behalf by the appropriate government, for explaining the reasons for such contravention5(1a) in case the employer fails to reply the notice within the period specified under sub-section (1), or the authorised officer, after giving him an opportunity of being heard, is not satisfied with the reasons given by the employer, he shall be punishable with fine of five hundred rupees per shortfall of apprenticeship month for first three months and thereafter one thousand rupees per month till such number of seats are filled up"; (ii) in sub-section 2,—10(a) after clause (f), the following clauses shall be inserted, namely:—''(g) engages as an apprentice a person who is not qualified for being so engaged, or(h) fails to carry out the terms and conditions of a contract of apprenticeship";15(b) for the words "imprisonment for a term which may extend to six months or with fine or with both" , the words "fine of one thousand rupees for every occurrence" shall be substituted (iii) after sub-section (2), the following sub-section shall be inserted, namely:—20"(2a) the provisions of this section shall not apply to any establishmentor industry which is under the board for industrial and financial reconstruction established under the sick industrial companies (special provisions) act, 1985''1 of 1986amendment of section 3714 in section 37 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely:—25"(1a) the powers to make rules under this section shall include the power tomake such rules or any of them retrospectively from a date not earlier than the date on which this act received the assent of the president, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable" statement of objects and reasonsthe apprentices act 1961 was enacted with the objective of regulating the programme of training of apprentices in the industry by utilising the facilities available therein for imparting on-the-job training the act was amended in 1973 and 1986 to include training of graduates, technicians and technician (vocational) apprentices respectively under its purview it was further amended in 1997 and 2007 to amend various sections of the act as regards definition of "establishment", "worker", number of apprentices for a designated trade and reservation for candidates belonging to other backward classes, etc comparing the size and rate of growth of economy of india, the performance of apprenticeship training scheme (ats) is not satisfactory and a large number of training facilities available in the industry are going unutilised depriving unemployed youth to avail the benefits of the ats employers are of the opinion that provisions of the act are too rigid to encourage them to engage apprentices and provision relating to penalty create fear amongst them of prosecution and they have suggested to modify the apprentices act suitablyin order to make the apprenticeship more responsive to youth and industry, a slew of suggestions have been received from various quarters for making changes in the apprentices act and these were discussed in inter ministerial group (img) recommendations of the img for making changes in the act were uploaded on the website for seeking the comments of public and deliberated in meeting of central apprenticeship council (cac)- a statutory body based on the consensus evolved in cac, these amendments are proposed the major changes are given below:—(i) providing for establishments operating in four or more states will be taken into the fold of directorate general of employment and training;(ii) providing for prescribing number of apprentices to be engaged atestablishment level instead of tradewise;(iii) providing for apprenticeship training to non-engineering graduate anddiploma holders;(iv) providing for employers to undertake new courses (optional trades) whichare demand based;(v) providing for employers to determine, qualification, period of apprenticeshiptraining, holding of test, grant of certificate and other conditions relating to the apprentice in optional trade;(vi) providing for simplifying the procedure for registration of contractapprenticeship training;(vii) providing for exchange of information through a portal-site; (viii) providing for allowing employers to engage apprentices from other states (ix) providing for employers to formulate their own policy for recruitingapprentice;(x) the regime for penalties will be in terms of fine only; (xi) providing for ex post facto rule making powers to facilitate recognition of training started pending notification of new trades under the act;(xii) providing for sitting in the examination optional and certification from any competent agency the bill seeks to achieve the above objectivesnew delhi;dated the 5th august, 2014 memorandum regarding delegated legislationclause 5 of the bill seeks to insert new section 5(a) which empowers the central government to make rules in regard to qualification, period of apprenticeship training, holding of test, grant of certificate and other conditions relating to the apprentices in the optional trades2 clause 6 of the bill seeks to amend section 6 which empowers the central government to make rules to provide the period of apprenticeship training3 clause 7 of the bill seeks to substitute section 8 which empowers the central government to make rules in regard to number of apprentices to be engaged by the employer for designated and optional trades4 clause 10 of the bill seeks the substitute sub-section (2) of section 19 which empowers the central government to make rules for the employer to furnish information and returns, etc, to such authorities and in such intervals until a portal-site is developed5 the matters in respect of which rules may be made are matters of procedure and detail the delegation of power is, therefore, of a normal character annexure extracts from the apprentices act, 1961 (52 of 1961) definitions2 in this act, unless the contest otherwise requires,— (e) "designated trade" means any trade or occupation or any subject field in engineering or technology or any vocational course which the central government, after consultation with the central apprenticeship council, may, by notification in the official gazette, specify as a designated trade for the purposes of this act; (j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the government and undergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed;(k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or technology or any vocational course may be specified as a designated trade; (pp) "technician (vocational) apprentice" means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the all-india council and undergoes apprenticeship training in any such subject field in any vocational course as may be prescribed;(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed(r) "worker" means any person who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa) chapter ii apprentices and their training3 a person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he—(a) is not less than fourteen years of age; and qualification for being engaged as an apprentice(b) satisfies such standards or education and physical fitness as may be prescribed: provided that different standards may be prescribed in relation to apprenticeship training in different designated trades and for different categories of apprentices contract of apprenticeship4 (4) every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within such period as may be prescribed to the apprenticeship adviser for registration| | | | | ||------|------|------|------|-----|novation of contract of apprenticeship5 where an employer with whom a contract of apprenticeship has been entered into, is for any reason, unable to fulfil his obligations under the contract and with the approval of the apprenticeship adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the apprenticeship adviser, shall be deemed to be contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto6 the period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows:—period of apprenticeship training(a) in the case trade apprentices who, having undergone institutional training in a school or other institution recognised by the national council, have passed the trade tests or examinations conducted by that council or by an institution recognised by that council the period of apprenticeship training shall be such as may be determined by that council; number of apprenticeship training8 (1) the central government shall, after consulting the central apprenticeship council, by order notified in the official gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade:provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section(2) in determining the ratio under sub-section (1), the central government shall have regard to the facilities available for apprenticeship training under this act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices, technician (vocational) apprentices if any, in pursuance of any notice issued to him under sub-section (3a) by the central apprenticeship adviser or such other person as is referred to in that sub-section(3) the apprenticeship adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the central governemnt for the designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition:provided that in making any requisition under this sub-section, the apprenticeship adviser shall have regard to the facilities actually available in the establishment concerned:provided further that the apprenticeship adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other revelant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser that fifty per cent of the number so arrived at, subject to the condition that the employer shall engaged apprentices in other trades in excess in number equivalent to such shortfall(3a) the central apprenticeship adviser or any other person not below the rank of an assistant apprenticeship adviser authorised by the central apprenticeship adviser in writing in this behalf shall, having regard to—(i) the number of managerial person (including technical and supervisorypersons) employed in a designated trade;(ii) the number of management trainees engaged in the establishment;(iii) the totality of the training facilities available in a designated trade; and(iv) such other factors as he may consider fit in the circumstances of the case;by notice in writing, require an employer to impart training to such number of graduate or technician apprentices technician (vocational) apprentices in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisitionexplanation—in this sub-section the expression "management trainee" means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer (not being apprenticeship training under this act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis(4) several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments(5) where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the central government or in excess of the number specified in a notice issued under sub-section (3a) should in the opinion of the appropriate government be trained, the appropriate government may require employer to train the additional number of apprentices(6) every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the apprenticeship adviser for the training of the additional number of apprentices(7) any employer not satisfied with the decision of the apprenticeship adviser under sub-section (6), may make a reference to the central apprenticeship council and such reference shall be decided by a committee thereof appointed by that council for the purpose and the decision of that committee shall be final9 (1) every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the apprenticeship adviser(2) (3) such of the trade apprentices as have not undergone institutional training in a school or other institution recognised by the national council or any other institution affiliated to or recognised by a board or state council of technical education or any other authority which the central government may, by notification in the official gazette, specify in this behalf, shall, before admission in the workshop for practical training, undergo a course of basic training (4a) notwithstanding anything contained in sub-section (4), if the number of apprentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any basic training centre or industrial training institute for basic training in any designated trade, in either case, run by the government(4b) where an employer deputes any apprentice under sub-section (4a), such employer shall pay to the government the expenses incurred by the government on such training, at such rate as may be specified by the central government(5) where an employer employs in his establishment less han five hundred workers, the basic training shall be imparted to the trade apprentices in training institutes set up by the government(6) in any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place the trade apprentices engaged by two or more employers may be imparted basic training(7) in the case of an apprentice other than a graduate or technician apprentice technician(vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training shall be such as may be approved by the central government in consultation with the central apprenticeship council(7a) in the case of graduate or technician apprentice, technician (vocational) apprentice the programme of apprenticeship training and the facilities required for such training in any subject field in engineering or technology or vocational course shall be such as may be approved by the central government in consultation with the central apprenticeship council (c) recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices technician (vocational) apprentices shall be borne by the employer and the cost of stipends shall be borne by the central government and the employer in equal shares up to such limits as may be laid down by the central government and beyond that limits by the employer alone 15 (1) the weekly and daily hours of work of an apprentice while undergoing practical training in workshop shall be such as may be prescribed| ||-----------|| hours of || work, || overtime, || leave and || holidays |(3) an apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training 19 (1) records and returns(2) every such employer shall also furnish such information and retruns in such form, to such authorities and at such intervals as may be prescribed 21 (1) every trade apprentice who has completed the period of training shall appear for a test to be conducted by the national council to determine his proficiency in the designated trade in which he has undergone his apprenticeship trainingholding of test and grant of certificate and conclusion of training(2) every trade apprentice who passes the test referred to in sub-section (1) shall be granted a certificate of proficiency in the trade by the national council offer and acceptance of employment22 (1) it shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer30 (1) if any employer—offences and penalties(a) engages as an apprentice a person who is not qualified for being so engaged, or(b) fails to carry out the terms and conditions of a contract of apprenticeship, or(c) contravenes the provisions of this act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both(2) if any employer or any other person —(a) he shall be punishment with imprisonment for a term which may extend to six months or with five or with both ———— a billfurther to amend the apprentices act, 1961————(shri narendra singh tomar, minister of mines, steel, labour and employment) | Parliament_bills | df3bd605-d55b-5f4c-acbe-c73f91a5d83c |
statement of objects and reasonsthe malpractices in the conduct of lotteries and its impact on the poorer sections of the society had been under scrutiny of the government for quite some time the continued prevalence of the popularity known single digit and instant lotteries and the temptation offered by them had proved to be the undoing of many families inspite of the guidelines issued by the central government from time to time as also the guidelines issued by the supreme court of india in the matter, the evil could not be totally eliminated and it was felt that a central legislation to regulate the conduct of lotteries was necessary to protect the interest of the gullible poor to tackle this evil, the lotteries (regulation) act, 1998 was enacted by parliament this act, besides imposing stipulations for conduct of lotteries in the country, banned single digit and pre-announced number lotteries 2 the lotteries (regulation) bill, 1998 was referred to the department related parliamentary committee on home affairs the said committee, after considering the matter in all its aspects, had strongly recommended to the government to come forward with a comprehensive bill, at the earliest, in consultation with all the state governments and the union territory administrations, imposing a complete ban on the lottery trade in the country the matter was debated at length in parliament when the said bill was taken up for consideration during the debate there was an overwhelming view in both houses of parliament in favour of banning the lotteries 3 the matter was also placed before the conference-of chief ministers held on the 27th november, 1998 in new delhi the general consensus in the conference was that lotteries should be statutorily banned 4, under the constitutional frame-work, parliament has legislative competence with regard to lotteries falling under entry 40 of list i (union list) of the seventh schedule to the constitution other types of lotteries fall under entry 34 of list ii (state list) of said schedule which is within the legislative competence of the state legislatures the bill, therefore, proposes to prohibit the central government, state government and any organisation controlled by such government from conducting, organising or promoting any lottery it also seeks to repeal the lotteries (regulation) act, 1998 5 the bill seeks to achieve the aforesaid objective lk advani new delhi, the 21st december, 1999 | Parliament_bills | bd6147ee-c931-57ee-8cb8-35fd8ac0584b |
on the 30th november, 2007 bill no lix of 2007 the coaching centres (regulation and control) bill, 2007 a billto provide for regulation and control of coaching centres providing coaching for various kind of entrance examinations for higher educational and professional course including medical and engineering education and for jobs in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the coaching centres (regulation and control) 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 in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the state government and the central government in all other cases;(b) "competent authority" means any office or officer notified by the appropriate government under section 4 to perform functions assigned under this act;(c) "coaching centre" means any institution by whatever name called providing coaching or giving guidance for admission into higher education or any professional course including engineering or medical or for appearing in any examination conducted by appropriate government or any private institution for the purpose of securing jobs;(d) "prescribed" means prescribed by rules made under this act3 (1) with effect from such date as the central government may by notification in the official gazette appoint, no person or establishment shall run a coaching centre without prior registration with the competent authoritycompulsory registration of coachingcentres(2) any person or establishment running a coaching centre before the commencement of this act shall apply to the competent authority within a period of thirty days from the date of commencement of this act in such form and manner as may be prescribedprocedure for registration4 (1) the appropriate government shall, by notification in the official gazette,appoint a competent authority for the purposes of registration of coaching centers in each district with in its jurisdictionprovided that the appropriate government depending upon the size and population of the district may appoint one authority for two or more districts(2) on receipt of an application for registration of coaching centre, the competent authority shall scrutinize the application and may call for such other information or document from the applicant as may be prescribed(3) the competent authority shall before registering any coaching centre, inspect the site of the centre to have the first hand information of the infrastructure available with the coaching centre and the compliance of the norms and standards fixed by the appropriate government in this regard(4) the competent authority shall after being satisfied with the various requirements under this act grant a registration certificate to the applicant in such manner and form as may be prescribed which shall be valid for three years(5) the competent authority may renew the certificate only after re-inspecting the coaching centre and fulfillment of requirements fixed in this behalf by the appropriate government under this act(6) the competent authority may refuse to register a coaching centre or renew its certificate if the centre fails to comply with the norms and standards fixed by the appropriate governmentprovided that in case of non-registration or non-renewal of certificate of a coaching centre, the competent authority shall record reasons in writing and communicate the same to the applicant(7) the competent authority shall take a decision on the application filed under sub-section (2) within a period of thirty days5 the appropriate government shall,—(a) fix the fee to be charged by the coaching centres for various programmes;appropriate government to prescribe norms for coaching centres(b) prescribe minimum qualification for the faculty members for different courses;(c) fix the teacher-student ratio for every coaching centre; (d) lay down norms for minimum infrastructure for starting and running coaching centre;(e) prescribe such other norms as may be necessary for the purposepenalty6 whoever contravenes the provisions of this act and the rules made thereunder shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to twenty five lakh rupeesoffences by a company7 (1) where a contravention of any of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company , every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordinglyprovided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention was committed without his knowledge or that he exercised all due diligence to prevent such contravention(2) notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this act or of any rule direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordinglyexplanation:—for the purpose of this section:—(i) "company" means anybody corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm,power to remove difficulties8 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this actoverriding effect of the act9 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the act shall be in addition to and not derogation of any other law for the time being in forcepower to make rules10 the central government may by notification in the official gazette make rules for carrying out the purposes of this act statement of objects and reasonscoaching centres providing coaching to students for cracking various competitive examinations such as engineering, medical and civil services are doing big business now-adays of late, their number has also increased to a very high level newspapers are full of advertisements of these coaching centres in order to attract maximum students these centres charges a very hefty amount for various kinds of coaching programmes being run by them though there is no doubt that there are some very good coaching centres but many of these centres are fly by night operator who charge heavy money as fee but do not provide proper coaching nor do they have proper infrastructure for the purpose these coaching centres fleece the students and their parents by giving lucrative offers for joining them similar is the case with the coaching centres providing coaching to lakhs of aspirants for various jobs in government and private sector as of now there is no law to regulate the functioning of these coaching centressome of these centres are actually playing with the fate of lakhs of youth of the country therefore, time has come to regulate and control their activities in order to protect the interest of students aspiring to become professionals or secure jobshence this billmahendra mohan financial memorandumclause 4 of bill provides that the appropriate government shall appoint competent authority for the purposes of registration of coaching centres the expenditure in respect of union territories shall be borne by the central government it is expected that an annual recurring expenditure of rupees two hundred crore may be involvednon-recurring expenditure to the tune of rupees two crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the matter will relate to details only, the delegation of powers is therefore of normal character rajya sabha———— a billto provide for regulation and control of coaching centres providing coaching for various kind of entrance examinations for higher educational and professional courses including medical and engineering education and for jobs in the country and for matters connected therewith or incidental thereto————(shri mahendra mohan, mp)mgipmrnd—5055rs(s5)—30-11-2007 | Parliament_bills | 0e6f346d-12ec-5a0a-9dbd-a4b7ce959e3a |
bill no 171 of 2014 the farmers (protection, prevention of suicides and welfare) bill, 2014 by shri nishikant dubey, mp a billto provide for the protection of farmers from exploitation by moneylenders, middlemen, unscrupulous traders; increasing farm yield by improving farming practices by modern techniques and allied occupations, extending protective umbrella against natural calamities by taking up of welfare measures to prevent the distressed farmers from committing suicide and for matters connected therewith and 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 the farmers (protection, prevention of suicides and welfare) act, 2014short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—54 of 19665(a) "agricultural produce" include paddy, wheat, coarse cereals, pulses, sugarcane, gram, cotton, oilseeds, vegetables, fruits, jute, coconut, tobacco, areca nuts and such other agricultural produces which may be notified from time to time by the central government and also seed as defined in the seeds act, 1966;(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(c) "bumper crop" means the excess yield of any agricultural produce not commensurate with its cost of production;10(d) "farmer" means a person who owns land and cultivates or causes it to be cultivated for agricultural or horticulture purposes and includes small and marginal farmers as identified by the appropriate government;(e) "fund" means the national farmers natural calamity and welfare fund established under section 3;15(f) "natural calamity" includes drought, flood, cyclone, hailstorm, extreme cold and frost, winterkill, tsunami, storm, fire, excessive rains, snow, damages caused by wild life, insect infestation of large scale magnitude, plant diseases and such other natural phenomenon as may be notified from time to time, by the appropriate government;(g) "old age farmer" means a farmer who has completed sixty years of age; and20(h) "prescribed" means prescribed by rules made under this act25constitution of the national farmers natural calamity welfare fund3 (1) the central government shall, as soon as may be, but not later than six months from the commencement of this act, constitute a national farmers natural calamity and welfare fund with an initial corpus of rupees fifty thousand crore to be provided by the central government, after due appropriation made by parliament by law in this behalf, for carrying out the purposes of this act(2) the central government and state governments shall contribute to the fund in such proportion as may be prescribed(3) the fund shall also comprise moneys received from the general public, body corporate and financial institutions, domestic as well as foreign ones, as donations30(4) the fund shall be utilized for,—(a) paying adequate compensation to farmers affected by natural calamity; (b) payment of pension to old age farmers;35(c) implementing special assistance package to be formulated by the appropriate government for the children of farmers, physically challenged or old age farmers and farmers affected by natural calamities;(d) extending educational facilities to the children of farmers and assistance for the marriage of their daughters;(e) making provision for food, drinking water, fodder and other basic necessities of day to day life in natural calamity affected rural areas;40(f) timely and adequate supply of quality seeds, manure, fertilizers and insecticides to farmers;(g) paying premiums of crop insurance of such poverty stricken farmers, as the appropriate government may specify;(h) providing healthcare facilities to the farmers and their families;(i) providing institutional mechanism for efficient marketing and export of farm produce; and(j) such other purposes as the central government may deem necessary or expedient for carrying out the purposes of this act5 (5) the fund shall be administered by the central government in such manner as may be prescribed4 (1) the central government shall, as soon as may be, in consultation with the state governments, formulate a long-term action plan for the protection and welfare of farmers, with special focus on natural calamity prone areas10(2) in particular and without prejudice to the generality of the foregoing provisions, such action plan shall include,—central government to formulate long-term action plan for the protection andwelfare offarmers(a) comprehensive crop and livestock insurance scheme to make up the lossesof farmers due to natural calamity;(b) compulsory market intervention in case of bumper crop; (c) writing off loans and interest of the farmers affected by natural calamity;15(d) easy credit facility with interest free or nominal rate of interest from the banksand financial institutions;(e) remunerative prices for the agricultural produces;20(f) necessary welfare measures as may be deemed necessary to protect theexploited, indebted and poverty stricken farmers of the country;5 the appropriate government shall, in order to provide protective umbrella to the distressed, exploited, indebted and poverty stricken farmers, take the following measures—protective umbrella for farmers by the appropriate government25(a) compulsorily monitor the trend of agricultural production so as to haveestimate of production, local consumption, purchases by government agencies, surplus, or any other incidental matter;(b) make affordable transportation arrangements to carry the surplus produceto identified areas where such produce is likely to be consumed and make marketingand yard facilities for such surplus agricultural production;30(c) ensure that farmers do not resort to distress sale in order to rein in theunscrupulous traders who exploit the farmers by not purchasing their yield by forming cartel for this purpose;(d) purchase the surplus produce through its agencies by extending compulsorymarket intervention;(e) fix the remunerative prices of agricultural produce from time to time;35(f) compulsory remove the middlemen operating in the wholesale and other marketsdealing with agricultural product;(g) study the requirements of farmers for promoting agriculture through agricultural education, research, training through modern krishi vigyan kendras, kisan call centres and agricultural universities;40(h) promote agro based industries like food processing, dairying, poultry, rearingof livestock, piggery and bee keeping to enhance farm income;(i) promote cultivation of vegetables, spices, floriculture, pisciculture, sericultureand horticulture;(j) ensure easy institutional loans to remove indebtedness amongst farmers; and (k) extend such other protective measures to farmers as may be prescribedspecial policy for suicide prone areas6 (1) notwithstanding anything contained in any other law for the time being in force, the central government shall formulate a special policy for regions of the country having high incidence of suicides by farmers to alleviate the sufferings of the exploited, indebted and poverty stricken farmers of such regions5(2) without prejudice to the generality of foregoing provisions, the special policy shall include—(a) direction to all the banks, including cooperative and regional rural banksand other financial institutions which disburse agricultural loans, to secure the interests of affected farmers;10(b) waiving of loans or concessions to be given to the farmers by banks andfinancial institutions in case, the farmers are unable to repay the amount;(c) prohibition on moneylenders in lending money to the farmers; (d) public employment to one of the dependents family member of a farmer whodies during occurrence of a natural calamity;15(e) adequate financial assistance to the family of the farmer in case of suicide byfarmer; and(f) such other measures, as may be necessary, for carrying out the purposes of this act207 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the state governments for carrying out the purposes of this actcentral government to provide funds power to remove difficulty258 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty:provided that no such order shall be made after expiry of the period of three years from the date on which this act receives the assent of the president(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament30act to have over-riding effect9 the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law10 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not to be derogation of any other laws in force35power to make rules11 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40(2) every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsours is predominantly an agrarian country and agriculture is the backbone of our economy as it immensely contributes to gross domestic product (gdp) and generates largest number of employment opportunities the farmers sustain the country with food security and supply the largest share of raw material to industrial sector its export share is also considerable which brings precious foreign exchange in the country but, unfortunately, the farmer is the most exploited, heavily indebted and poverty stricken many a time, when the debt burden becomes unbearable and farmers, being unable to withstand this burden, end their lives by committing suicidethe national farmers commission has recently highlighted that nearly one lakh fifty thousand farmers have committed suicides in the country since 1990, incidentally a large number of cases of suicides by farmers have taken place in those states where green revolution has been a success story namely punjab, maharashtra, madhya pradesh, kerala, tamil nadu, karnataka, andhra pradesh, chhattisgarh, and some other states in the state of maharashtra and in particular in the vidarbha region alone, the figure of farmers who have committed suicides touched one lakh thirty one thousand during 1993-2006 and the trend is still continuing in the state in fact, hardly any state has undertaken comprehensive enumeration of suicide by farmers the incidents of suicide of farmers in large number is a blot on our democracyacute poverty and indebtedness is another major factor for farmers for taking the extreme step of committing suicide according to national sample survey organisation, 486 per cent farmer households are reported to be indebted in the year 2005 the incidence of indebtedness is the highest in the state of andhra pradesh, where 82 per cent farmers are indebted followed by the states of tamil nadu, punjab, kerala and maharashtra in short, nearly 50 to 53 per cent farmers in many states are facing indebtednessin the recent past, two decisions of the central government regarding release of package of rupees 25,000 crore to families of farmers who had committed suicide debt waiver scheme of 70,000 crore rupees for farmers show that the seriousness and dimensions of the problem that warrants a census survey of farmers who have committed suicides simultaneously, various welfare measures need to be taken by the government to provide immediate relief to the affected farmers a national farmers natural calamity welfare fund is required to be established for removal of indebtedness and acute poverty among farmersthe bill seeks to achieve the above objectives financial memorandumclause 3 of the bill provides for the constitution of a national farmers natural calamity and welfare fund with initial corpus of fifty thousand crore rupees to be provided by the central government it further provides that the central government and the state governments shall contribute to the fund in such ratio as may be prescribed clause 5 provides for monitoring of trend of production, arrangement of transportation of surplus agricultural production and certain other measures for welfare of farmers clause 7 provides that the central government shall provide requisite funds to the state governments for carrying out the purposes of the act the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure to the tune of rupees sixty thousand crore will be incurred per annuma non-recurring expenditure of rupees ten thousand crore is also likely to be incurred memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail onlythe delegation of legislative power is of normal character———— a billto provide for the protection of farmers from exploitation by moneylenders, middlemen,unscrupulous traders; increasing farm yield by improving farming practices by modern techniques and allied occupations, extending protective umbrella against natural calamities by taking up of welfare measures to prevent the distressed farmers from committing suicide and for matters connected therewith and incidental thereto————(shri nishikant dubey, mp) | Parliament_bills | 1d24ab49-e433-5e1d-a61c-7b60330906f8 |
bill no lx of 2006 the rajya sabha secretariat (administration) bill, 2006 a billto provide for the administration of the rajya sabha secretariat by constituting a commission to look after recruitment and conditions of services of the officers and staff of the rajya sabha secretariat and for matter 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 rajya sabha secretariat (administration) act, 2006(2) it shall come into force with immediate effectshort title and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "chairman" means chairman of the rajya sabha; (b) "commission" means the rajya sabha secretariat commission constituted under section 3 of this act;(c) "deputy chairman" means the deputy chairman of the rajya sabha;(d) "house" means the rajya sabha; (e) "leader of the house" means the leader of the rajya sabha or a member of the council of ministers, who, being a member of the house is nominated by the leader of the house for purposes of this act;(f) "leader of the opposition" means a member of the house who is recognized so by the chairman as such or if there is no such leader, the leader of the party in the opposition having the largest number of members in the house;(g) "prescribed" means prescribed by rules made under this act; (h) "secretary-general" means the secretary-general of the rajya sabhaconstitute of rajya sabha commission3 (1) there shall be constituted a commission to be known as the rajya sabha secretariat commission by the house in such mannner as may be prescribed to perform the functions conferred on it under this act(2) the commission shall consist of the following members:—(i) the chairman;(ii) the deputy chairman; (iii) the leader of the house or his nominee; (iv) the leader of the opposition or his nominee; (v) five members of the house to be elected by the house by the system of proportional representation by means of a single transferable vote(vi) the secretary-general as member-secretary4 (1) the chairman shall be the ex-officio chairman of the commissionchairman of the commission(2) while the office of the chairman is vacant, the deputy chairman shall function as the chairman of the commission and, if for any reason, the chairman is unable to act as the chairman of the commission, the deputy chairman shall act as the chairman of the commission5 (1) the chairman and the leader of the house or his nominee shall continue to be the members of the commission until immediately before the assumption of the office by the respective successors of the chairman and the leader of the houseterm of members of the commission(2) a member of the commission other than the leader of the house or his nominee shall cease to be a member of the commission if—(i) he ceases to be a member of the house; or(ii) another person is nominated or appointed in the post by virtue of which he becomes the member of the commission6 (1) there shall be a secretary-general who shall be appointed by the president of the india on the recommendation of the commissionappointment of secretary- general(2) the secretary-general shall be appointed from amongst the persons who have distinguished themselves and made their contribution in the service of parliament in various capacities in the secretariat for not less than twenty years(3) the secretary-general shall be the head of the secretariat of the rajya sabha (4) the office of the secretary-general shall become vacant,(i) on his resignation in writing addressed to the president;vacation of office by secretary- general(ii) on his attaining the age of superannuation as may be fixed by the commission;(iii) on his removal by the president upon an address by the rajya sabha in a like manner as the judge of the supreme courtfunction of commission7 except as provided in section 6 with regard to the appointment of the secretary-general, the commission shall appoint all staff in the secretariat and over and above the functions provided elsewhere in this act, the functions of the commission shall be—(i) to frame rules regulating the recruitment, appointment, promotion and other service conditions of the secretary-general and other officers and staff of the secretariat;(ii) to function as appellate authority against the orders of the chairman of secretary-general as the case may be, submitted by the officers and staff of the secretariat;(iii) to determine the number of staff of the secretariat, their scales of pay, and remuneration;(iv) to ensure that the classification, grading, salaries, allowances, and other conditions of service, including pension and other benefits of the personnel are kept in conformity with personnel in other comparable services in the commonwealth countries having parliamentary or presidential form of government and also consistent with the service requirements of the house;(v) to prepare an estimate for each financial year of the expenses of the services of the house and of any other expenses incurred for the service of the house and lay them before the house;(vi) to exercise all powers necessary to implement the provisions of clause (1) of article 98 of the constitution towards the constitution of a separate, independent and autonomous secretariat of the house(vii) to give recognition to various staff associations in such a manner as may be prescribedconstitution of finance committee 8 the financial matter of the secretariat shall be dealt with by a finance committee which shall consist of the chairman, four members of the rajya sabha to be elected by the house in such manner as may be prescribed and two officers of the secretariat to be nominated by the chairman9 (1) the commission may delegate any of its functions to the chairman or the secretary-generaldelegation of functions by the commission(2) anything done by or in relation to a person to whom functions are delegated under sub-section (1) shall have the same effect as if it has been done by or in relation to the commission(3) any delegation made under this section or any amendment or revocation of such a delegation shall be mentioned in the annual report of the commission(4) notwithstanding any delegation made under this section, the commission shall retain the ultimate responsibility for considering any representation made in relation to matters affecting the interests in connection with the employment of staff in the service of the house by staff associations which are recognized by the commission in respect of such staff and for the conduct of consultations and negotiations about such matters with those staff associations10 no act or proceeding of the commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancyact or proceeding not to be invalidate by vacanciesannual reports of commission11 the commission shall, as soon as possible, after the end of each financial year prepare and present to the house its annual report giving a full account of its activities during the preceding financial year12 all persons employed in the service of the house immediately before the commencement of this act, shall be treated for all purposes as if their appointment had been made by the commission unless the commission decides otherwiseeffect of constitute ofcommission on presentemployees13 (1) the commission may make rules to regulate its procedure and conduct of its businesspower of commission to make rules(2) the commission may, by notification in the official gazette, make rules to regulate recruitment and conditions of service of the officers and staff of the secretariat(3) every rule made under this act shall, as soon as may be, after it is made, be laid before the house while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session, immediately following the session or the successive sessions aforesaid the house agrees in making any modification in the rule or 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 betransitionalprovisions14 all rules, regulations and orders made or deemed to have been made under article98 of the constitution being in force immediately before the commencement of this act, shall be deemed to have been made by the commission and shall continue to be valid and operative unless modified or revoked by the commission, so however that anything contained therein being inconsistent with any provision of this act, shall be of no effect and be void to the extent of such inconsistencypower to remove difficulty15 if any difficulty arises in giving effect to the provisions of this act, the commission may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this act statement of objects and reasonsarticle 98 of the constitution provides for a separate secretariat for each house of parliament it further provides that the parliament may, by law, regulate the recruitment and the conditions of service of persons appointed to these separate secretariats till such time, parliament regulates these issues, these powers have been given to president to make rules on them even after 56 years of the enactment of the constitution, no law has been framed by parliament to regulate recruitment and conditions of service of persons appointed to these two secretariats therefore, the enactment of such a law is long overduethe concept of an independent secretariat for legislature is an essence of parliament democracy under the democratic set up adopted in our country, the three wings, ie, executive, legislature and judiciary have been envisaged to be separate and independent of each other this can be realized if the secretariats serving these wings are made independent so that they can discharge their duties in all fairness without any fear or favour the significance of this conceptualization of a secretariat independent of the executive was fully realized in the 1920s under the leadership and guidance of pandit motilal nehru, lala lajpat rai and the president of the constituent assembly, shri vithalbhai pateltherefore, the unique position of the rajya sabha secretariat demands a special sense of dedication and impartiality in discharge of duties from its officers and staff it also requires a broad-based institutional arrangement for running the house in an effective manner it is necessary to empower the chairman for watching and safeguarding the interests of the secretariat staff in the service of the house and its members envisaging this, the bill provides for the establishment of a house commission to look after the whole gamut of administration of the rajya sabha and matters connected therewithvijay j darda financial memorandumclause 3 of the bill seeks to set up a rajya sabha commission its members, other than the ex-officio chairman of the rajya sabha, who is the vice-president of india, are the members of the house who would be discharging their duties in relation of the commission as members clause 8 seeks to set up a financial committee to look after the financial affairs of the secretariat the expenditure to be incurred on the payment of members ta/da as a result of setting up of the rajya sabha commission would be a marginal one and it is estimated that an expenditure of rupees ten crore may be involved there will not be any non-recurring expenditure memorandum regarding delegated legislationclause 13 of the bill provides for rule-making power to the commission the matters in respect of which such rules may be made are matters of procedure and administrative details only the delegation of legislative power is, therefore, of a normal character rajya sabha———— a billto provide for the administration of the rajya sabha secretariat by constituting a commission to look after recruitment and conditions of services of the officers and staff of the rajya sabha secretariat and for matters connected therewith or incidental thereto————(shri vijay j darda, mp)mgipmrnd—1784rs(s-1)—28072006 | Parliament_bills | 6e57439d-771f-5fc3-8de2-3aaf03f4ad8e |
the small and medium enterprises development bill, 2005 _________ arrangement of clauses_________clauses chapter i preliminary1short title and commencement2definitions chapter ii national small and medium enterprises board3establishment of board4removal of member from board5functions of board6powers and functions of member-secretary of board chapter iii classification of enterprises, advisory committee and memorandum of small and medium enterprises7classification of enterprises8memorandum of small and medium enterprises chapter iv measures for promotion, development and enhancement of competitiveness of small and medium enterprises9measures for promotion and development10credit facilities11procurement preference policy12funds13grants by central government14administration and utilisation of fund or funds chapter v inspection of small and medium enterprises and related matters15inspection of small and medium enterprises16maintenance of records and filing of returns by enterprises chapter vi delayed payments to small enterprises17liability of buyer to make payment18date from which and rate at which interest is payable19recovery of amount due20reference to industry facilitation council21appeal (ii) clauses22establishment of industry facilitation council23composition of industry facilitation council24requirement to specify unpaid amount with interest in the annual statement of accounts25interest not to be allowed as deduction from income26overriding effect chapter vii miscellaneous27appointment of officers and other employees28penalty for contravention of section 8 or section 16 or section 24 or section 2729jurisdiction of courts30power to make rules31power to make rules by state government32power to remove difficulties33repeal of act 32 of 1993 the small and medium enterprises development bill, 2005 a billto provide for facilitating the promotion and development and enhancing the competitiveness of small and medium enterprises and for matters connected therewith or incidental theretowhereas a declaration as to expediency of control of certain industries by the union was made under section 2 of the industries (development and regulation) act, 1951;and whereas it is expedient to provide for facilitating the promotion and development and enhancing the competitiveness of small and medium enterprises and for matters connected therewith or incidental thereto;be it enacted by parliament in the fifty-sixth year of the republic of india as follows:— chapter i preliminaryshort title and commencement1 (1) this act may be called the small and medium enterprises development act,2005 (2) it shall come into force on such date as the central government may, by notification, appoint; and different dates may be appointed for different provisions of this 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) "advisory committee" means the committee constituted by the central government under sub-section (2) of section 7;(b) "appointed day" means the day following immediately after the expiry of the period of thirty days from the day of acceptance or the day of deemed acceptance of any goods or any services by a buyer from a supplierexplanation—for the purposes of this clause,—(i) "the day of acceptance" means,—(a) the day of the actual delivery of goods or the rendering of services; or(b) where any objection is made in writing by the buyer regarding acceptance of goods or services within thirty days from the day of the delivery of goods or the rendering of services, the day on which such objection is removed by the supplier; (ii) "the day of deemed acceptance" means, where no objection is made in writing by the buyer regarding acceptance of goods or services within thirty days from the day of the delivery of goods or the rendering of services, the day of the actual delivery of goods or the rendering of services; (c) "board" means the national small and medium enterprises board established under section 3;(d ) "buyer" means whoever buys any goods or receives any services from a supplier for consideration;65 of 1951(e) "enterprise" means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in the first schedule to the industries (development and regulation) act, 1951 or engaged in providing or rendering of any service or services in relation thereto;(f) "goods" means every kind of movable property other than actionable claims and money;(g) "medium enterprise" means an industrial enterprise classified as such under sub-clause (ii) of clause (a) or sub-clause (ii) of clause (b) of sub-section (1) of section 7;61 of 1981(h) "national bank" means the national bank for agriculture and rural development established under section 3 of the national bank for agriculture and rural development act, 1981;(i) "notification" means a notification published in the official gazette; (j) "prescribed" means prescribed by rules made under this act;2 of 1934(k) "reserve bank" means the reserve bank of india constituted under section3 of the reserve bank of india act, 1934;(l) "small enterprise" means an industrial enterprise classified as such under sub-clause (i) of clause (a) or sub-clause (i) of clause (b) of sub-section (1) of section 7;(m) "supplier" means a small enterprise, which has filed a memorandum with the authority referred to in clause (a) of sub-section (1) of section 8, and includes,—1 of 1956(i) the national small industries corporation, being a company, registered under the companies act, 1956;1 of 1956(ii) the small industries development corporation of a state or a union territory, by whatever name called, being a company registered under the companies act, 1956;39 of 1989(n) "small industries bank" means the small industries development bank of india established under sub-section (1) of section 3 of the small industries development bank of india act, 1989;(o) "state government", in relation to a union territory, means the administrator thereof appointed under article 239 of the constitution chapter ii national small and medium enterprises boardestablishment of board3 (1) with effect from such date as the central government may, by notification, appoint, there shall be established, for the purposes of this act, a board to be known as the national small and medium enterprises board (2) the head office of the board shall be at delhi (3) the board shall consist of the following members, namely:—(a) the minister in charge of the ministry or department of the central government having administrative control of the small and medium enterprises who shall be the ex officio chairperson of the board;(b) the minister of state or a deputy minister, if any, in the ministry or department of the central government having administrative control of the small and medium enterprises who shall be ex officio vice-chairperson of the board, and where there is no such minister of state or deputy minister, such person as may be appointed by the central government to be the vice-chairperson of the board;(c) five ministers of the state governments having administrative control of the departments of small scale industries or, as the case may be, small and medium enterprises, to be appointed by the central government to represent such regions of the country as may be notified by the central government in this behalf, ex officio;(d) the administrator of a union territory to be appointed by the central government, ex officio;(e) the secretary to the government of india in charge of the ministry or department of the central government having administrative control of the small and medium enterprises, ex officio;(f ) four secretaries to the government of india, to represent the ministries of the central government dealing with commerce and industry, finance, food processing industries, labour and planning to be appointed by the central government, ex officio;(g) the chairman of the board of directors of the national bank, ex officio; (h) the chairman and managing director of the board of directors of the small industries bank, ex officio;(i) the chairman, indian banks association, ex officio;(j) one officer of the reserve bank, not below the rank of an executive director;to be appointed by the central government to represent the reserve bank;(k) ten persons to represent the associations of small enterprises and medium enterprises, at least three of whom shall be representatives of associations of women's enterprises, to be appointed by the central government;(l) two persons of eminence, one each from the fields of economics and industry, at least one of whom shall be a woman, to be appointed by the central government; and(m) one officer not below the rank of joint secretary to the government of india in the ministry or department of the central government having administrative control of the small and medium enterprises to be appointed by the central government, who shall be the member-secretary of the board, ex officio(4) the term of office of the members of the board, other than ex officio members of the board, the manner of filling vacancies, and the procedure to be followed in the discharge of their functions by the members of the board, shall be such as may be prescribed:provided that the term of office of an ex officio member of the board shall continue so long as he holds the office by virtue of which he is such a member(5) no act or proceedings of the board shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the board; or (b) any defect in the appointment of a person acting as a member of the board;or(c) any irregularity in the procedure of the board not affecting the merits of the case (6) the board shall meet at least once in every three months in a year (7) the board may associate with itself, in such manner and for such purposes as it may deem necessary, any person or persons whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purposes for which he has been associated but shall not have the right to vote(8) without prejudice to sub-section (7) the chairperson of the board may, for not more than two of the meetings of the board in a year, invite such ministers of the state governments having administrative control of the departments of small scale industries or, as the case may be, the small and medium enterprises, or the administrators of union territories and representatives of such other associations of small and medium enterprises, as he may deem necessary for carrying out the purposes of this act4 (1) the central government may remove a member of the board from it, if he—(a) is, or at any time has been, adjudged as insolvent; or| removal ||-------------|| member from || board |(b) is, or becomes, of unsound mind and stands so declared by a competent court; or(c) refuses to act or becomes incapable of acting as a member of the board; or(d) has been convicted of an offence which, in the opinion of the centralgovernment, involves moral turpitude; or(e) has so abused, in the opinion of the central government, his position as amember of the board as to render his continuance in the board detrimental to the interests of the general public(2) notwithstanding anything contained in sub-section (1), no member shall be removed from his office on the grounds specified in clauses (c) to (e) of that sub-section unless he has been given a reasonable opportunity of being heard in the matterfunctions of board5 the board shall, subject to the general directions of the central government, performall or any of the following functions, namely:—(a) examine the factors affecting the promotion and development of small andmedium enterprises and review the policies and programmes of the central government in regard to facilitating the promotion and development and enhancing the competitiveness of such enterprises and the impact thereof on such enterprises;(b) make recommendations on matters referred to in clause (a) or on any other matter referred to it by the central government which, in the opinion of that government, is necessary or expedient for facilitating the promotion and development and enhancing the competitiveness of the small and medium enterprises; and(c) advise the central government on the use of the fund or funds constituted under section 126 subject to other provisions of this act, the member-secretary of the board shall exercise such powers and perform such fuctions as may be prescribedpowers and functions of member- secretary of board chapter iii classification of enterprises, advisory commitee and memorandum of small and medium enterprisesclassification of enterprises65 of 19517 (1) notwithstanding anything contained in section 11b of the industries(development and regulation) act, 1951, the central government may, for the purposes of this act, by order, notified and having regard to the provisions of sub-sections (4) and (5), classify any class or classes of enterprises, whether proprietorship, hindu undivided family, association of persons, co-operative society, partnership firm, company or undertaking, by whatever name called,—(a) in the case of the enterprises engaged in the manufacture or production of goods pertaining to any industry specified in the first schedule to the industries (development and regulation) act, 1951, as—(i) a small enterprise, where the investment in plant and machinery does not exceed five crore rupees; or(ii) a medium enterprise, where the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees;65 of 1951(b) in the case of the enterprises engaged in providing or rendering of services in relation to any industry specified in the first schedule to the industries (development and regulation) act, 1951, as—(i) a small enterprise, where the investment in equipment does not exceed two crore rupees; or(ii) a medium enterprise, where the investment in equipment is more than two crore rupees but does not exceed five crore rupeesexplanation—for the removal of doubt it is hereby declared that the investment in land and building or equipment, as the case may be, shall not be taken into account while determining the investment in plant and machinery or, as the case may be, equipment for the purposes of this sub-section(2) the central government shall, by notification, constitute an advisory committee consisting of the secretary to the government of india in the ministry or department of the central government having administrative control of the small and medium enterprises, who shall be the chairperson of the advisory committee, not more than five officers of the central government possessing necessary expertise in matters relating to small and medium enterprises and not more than two representatives of the state governments to be appointed by the central government(3) the member-secretary of the board shall also be the ex officio member-secretary of the advisory committee(4) the central government shall, prior to classifying any class or classes of enterprises under sub-section (1), obtain the recommendations of the advisory committee(5) the advisory committee shall, after considering the following matters, communicate its recommendations to the central government, namely:—(a) the level of employment in a class or classes of enterprises; (b) the level of investments in plant and machinery or equipment, land andbuilding, in a class or classes of enterprises;(c) the need of higher investment in plant and machinery or equipment fortechnological upgradation, employment generation and enhanced competitiveness of the class or classes of enterprises;(d) the possibility of promoting and diffusing entrepreneurship in a small ormedium enterprises;(e) the international standards for classification of small and medium enterprises;and(f) such other matters as the advisory committee may think fit65 of 1951 61 of 1956(6) notwithstanding anything contained in section 11b of the industries (development and regulation) act, 1951 and clause (h) of section 2 of the khadi and village industries commission act, 1956, the central government may, while classifying any class or classes of enterprises under sub-section (1), vary, from time to time, the criterion of investment and also consider criteria or standards in respect of employment or turnover of the enterprises and include in such classification the micro or tiny enterprises or the village enterprises, as part of small enterprises8 (1) any person who intends to establish,—(a) a small enterprise, may, at his discretion; or memorandum of small and medium enterprises(b) a medium enterprise, shall, file the memorandum of small enterprise or, as the case may be, medium enterprise with such authority as may be specified by the state government under sub-section (4) or the central government under sub-section (3): provided that any person who, before the commencement of this act, established—(a) a small enterprise, whether he had or had not obtained a registration certificate, may after the commencement of this act, at his discretion, file the memorandum;(b) a medium enterprise, whether he had or had not, in pursuance of the notification of the government of india in the erstwhile ministry of industry (department of industrial development) no so 477 (e) dated the 25th july, 1991, filed an industrial entrepreneur's memorandum shall, within ninety days from the commencement of this act, file the memorandum, in accordance with the provisions of this act(2) the form of the memorandum, the procedure of its filing and other matters incidental thereto shall be such as may be notified by the central government after obtaining the recommendations of the advisory committee in this behalf(3) the authority with which the memorandum shall be filed by a medium enterprise shall be such as may be specified by notification, by the central government(4) the state government shall, by notification, specify the authority with which a small enterprise may file the memorandum(5) the authorities specified under sub-sections (3) and (4) shall follow, for the purposes of this section, the procedure notified by the central government under sub-section (2) chapter iv measures for promotion, development and enhancement ofmeasures for promotion and development competitiveness of small and medium enterprises 9 (1) the central government may, from time to time, for the purposes of facilitating the promotion and development and enhancing the competitiveness of small enterprises and medium enterprises, particularly of the former, by way of development of skill in the employees, management and entrepreneurs, provisioning for marketing assistance or infrastructure facilities and cluster development of such enterprises with a view to strengthening backward and forward linkages, specify, by notification, such programmes, guidelines or instructions, as it may deem fit24 of 1938 18 of 1942 31 of 1959 52 of 1961(2) notwithstanding anything contained in the provisions of the employers' liability act, 1938, the weekly holidays act, 1942, the employment exchanges (compulsory notification of vacancies) act, 1959 and the apprentices act, 1961, a state government may, by notification, with a view to facilitating the graduation of small enterprises to medium enterprises provide that provisions of those acts shall not apply to small and medium enterprises employing up to fifty employees in that statecredit facilities10 the credit facilities to the small and medium enterprises shall be progressive and such as may be specified in the guidelines or instructions issued by the reserve bank, from time to time, to ensure timely and smooth flow of credit to such enterprises, minimise the incidence of sickness among and enhance the competitiveness of such enterprisesprocurement preference policy11 for facilitating promotion and development of small enterprises, the central government or the state government may, by order notify from time to time, preference policies in respect of procurement of goods and services, produced and provided by small enterprises, by its ministries or departments, as the case may be, or its aided institutions and public sector enterprisesfunds12 there shall be constituted, by notification, one or more funds to be called by such name as may be specified in the notification and there shall be credited thereto any grants made by the central government under section 13grants by central government13 the central government may, after due appropriation made by parliament by law in this behalf, credit to the fund or funds by way of grants for the purposes of this act, such sums of money as that government may consider necessary to provide14 (1) the central government shall have the power to administer the fund or funds in such manner as may be prescribedadministration and utilisation of fund or funds(2) the fund or funds shall be utilised exclusively for the measures specified in subsection (1) of section 9(3) the central government shall be responsible for the coordination and ensuring timely utilisation and release of sums in accordance with such criteria as may be prescribed chapter v inspection of small and medium enterprises and related mattersinspection of small and medium enterprises15 notwithstanding anything in relation to inspection contained in the payment of wages act, 1936, the employees' state insurance act, 1948, the factories act, 1948, the employees' provident funds and miscellaneous provisions act, 1952, the maternity benefit act, 1961, the payment of bonus act, 1965 and the payment of gratuity act, 1972, the inspection of small and medium enterprises shall be carried out in such manner and by such authority as may be prescribed:4 of 1936 34 of 1948 63 of 1948 19 of 1952 53 of 1961 21 of 1965 39 of 1972provided that while prescribing the manner of inspection under this section, the central government shall have regard to the promotion of self-regulation or self-certification by the small enterprises and medium enterprises16 notwithstanding anything contained in any enactment specified in section 15, every small and medium enterprise shall maintain such records, file such returns with such authority and in such forms as may be prescribedmaintenance of records and filing of returns by enterprises chapter vi delayed payments to small enterprisesliability of buyer to makepayment17 where any supplier, supplies any goods or renders any services to any buyer, thebuyer shall make payment therefor on or before the date agreed upon between him and the supplier in writing or, where there is no agreement in this behalf, before the appointed day:provided that in no case the period agreed upon between the supplier and the buyer inwriting shall exceed seventy-five days from the day of acceptance or the day of deemed acceptancedate from which and rate at which interest is payable18 where any buyer fails to make payment of the amount to the supplier, as requiredunder section 17, the buyer shall, notwithstanding anything contained in any agreement between the buyer and the supplier or in any law for the time being in force, be liable to pay interest to the supplier on that amount from the appointed day or, as the case may be, from the date immediately following the date agreed upon, at nine per cent plus the bank rate notified by the reserve bankrecovery of amount due19 the amount due from a buyer, together with the amount of interest calculated inaccordance with the provisions of section 18, shall be recoverable by the supplier from the buyer by way of a suit or other proceeding under any law for the time being in forcereference to industry facilitation council26 of 199620 notwithstanding anything contained in section 19, any party to a dispute maymake a reference to the industry facilitation council for acting as an arbitrator or conciliator in respect of the matters referred to in that section and the provisions of the arbitration and conciliation act, 1996 shall apply to such dispute as if the arbitration or conciliation were pursuant to an arbitration agreement referred to in sub-section (1) of section 7 of that actappeal21 no appeal against any decree, award or other order shall be entertained by anycourt or other authority unless the appellant (not being a supplier) has deposited with it seventy-five per cent of the amount in terms of the decree, award or, as the case may be, other order in the manner directed by such court or, as the case may be, such authority 22 the state government shall, by notification, establish one or more industry facilitation councils, at such places, exercising such jurisdiction and for such areas, as may be specified in the notificationestablishment of industry facilitation council23 the industry facilitation council shall consist of not less than three but not morethan five members to be appointed from among the following categories, namely:—composition of industry facilitation council(i) director of industries, by whatever name called, or any other officer notbelow the rank of such director, in the department of the state government having administrative control of the small scale industries or, as the case may be, small and medium enterprises; and(ii) one or more office-bearers or representatives of small industry or enterpriseassociations in the state; or(iii) one or more representatives of banks and financial institutions lending tosmall enterprises; or(iv) one or more persons having special knowledge in the field of industry,finance, law, trade or commerce(2) the person appointed under clause (i) of sub-section (1) shall be the chairperson of the industry facilitation council(3) the composition of the industry facilitation council, the manner of filling vacancies of its members and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed by the state government24 where any buyer is required to get his annual accounts audited under any law for the time being in force, such buyer shall furnish the following additional information in his annual statement of accounts, namely:—(i) the principal amount and the interest due thereon (to be shown separately)remaining unpaid to any supplier as at the end of each accounting year;requirement to specify unpaid amount with interest in the annual statement of accounts(ii) the amount of interest paid by the buyer in terms of section 18, along with theamounts of the payment made to the supplier beyond the appointed day during each accounting year;(iii) the amount of interest due and payable for the period of delay in makingpayment (which have been paid but beyond the appointed day during the year) but without adding the interest specified under this act;(iv) the amount of interest accrued and remaining unpaid at the end of each accounting year; and(v) the amount of further interest remaining due and payable even in thesucceeding years, until such date when the interest dues as above are actually paid to the small enterprise, for the purpose of disallowance as a deductible expenditure under section 2543 of 1961interest not to be allowed as deduction from income25 notwithstanding anything contained in the income-tax act, 1961, the amount of interest payable or paid by any buyer, under or in accordance with the provisions of this act, shall not, for the purposes of computation of income under the income-tax act, 1961, be allowed as deductionover-riding effect26 the provisions of sections 17 to 25 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force chapter vii miscellaneous27 (1) the central government or the state government may appoint such officers with such designations and such other employees as it thinks fit for the purposes of this act and may entrust to them such of the powers and functions under this act as it may deem fitappointment of officers and other employees(2) the officers appointed under sub-section (1) may, for the purposes of this act, by order require any person to furnish such information, in such form, as may be prescribed28 (1) whoever intentionally contravenes or attempts to contravene or abets the contravention of any of the provisions contained in sub-section (1) of section 8 or section 16or sub-section (2) of section 27 shall be punishable —penalty for contravention of section 8 of section 16 or section 24 or section 27(a) in the case of the first conviction, with fine which may extend to rupees one thousand; and(b) in the case of any second or subsequent conviction, with fine which shall not be less than rupees one thousand but may extend to rupees ten thousand (2) where a buyer contravenes the provisions of section 24, he shall be punishable with a fine which shall not be less than rupees ten thousandjurisdiction of courts29 no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence punishable under this actpower to make rules30 (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 term of office of the members of the board, the manner of filling vacancies, and the procedure to be followed in the discharge of functions by the members of the board under sub-section (4) of section 3;(b) the powers and functions of the member-secretary under section 6; (c) the manner in which the fund may be administered under sub-section (1) of section 14;(d) the criteria based on which sums may be released under sub-section (3) of section 14;(e) the manner in which and the authority by which inspection shall be carried under section 15;(f) the records which may be maintained and the form in which returns be filed, the method of filing of returns, and the authority with whom the returns be filed under section 16;(g) the information to be furnished and the form in which it is to be furnished under sub-section (2) of section 27; and(h) any other matter which is to be or may be prescribed under this act(3) every notification issued under sub-section (1) of section 9 and every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or rule or both houses agree that the notification or rule should not be made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule31 (1) the state government may, by notification, make rules to carry out the provisions of this actpower to make rules by state government(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 composition of the industry facilitation council, the manner of filling vacancies of the members and the procedure to be followed in the discharge of their functions by the members of the industry facilitation council under sub-section (3) of section 23;(b) any other matter which is to be or may be, prescribed under this act(3) the rule made under this section shall, as soon as may be after it is made, be laid before each house of the state legislature where there are two houses, and where there is one house of the state legislature, before that housepower to remove difficulties32 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliamentrepeal of act32 of 1993 33 (1) the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993 is hereby repealed (2) notwithstanding such repeal, anything done or any action taken under the act so repealed under sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonssmall scale industry is at present defined by notification under section 11b of the industries (development and regulation) act, 1951 section 29b of the act provides for notifying reservation of items for exclusive manufacture in the small scale industry sector except for these two provisions, there exists no legal framework for this dynamic and vibrant sector of the country's economy many expert groups or committees appointed by the government from time to time as well as the small scale industry sector itself have emphasised the need for a comprehensive central enactment to provide an appropriate legal framework for the sector to facilitate its growth and development emergence of a large services sector assisting the small scale industry in the last two decades also warrants a composite view of the sector, encompassing both industrial units and related service entities the world over, the emphasis has now been shifted from "industries" to "enterprises" added to this, a growing need is being felt to extend policy support for the small enterprises so that they are enabled to grow into medium ones, adopt better and higher levels of technology and achieve higher productivity to remain competitive in a fast globalisation area thus, as in most developed and many developing countries, it is necessary that in india too, the concerns of the entire small and medium enterprises sector are addressed and the sector is provided with a single legal framework as of now, the medium industry or enterprise is not even defined in any law2 in view of the above-mentioned circumstances, the bill aims at facilitating the promotion and development and enhancing the competitiveness of small and medium enterprises and seeks to—(a) provide for statutory definitions of "small enterprise" and "medium enterprise"(b) provide for the establishment of a national small and medium enterprises board, a high-level forum consisting of stakeholders for participative review of and making recommendations on the policies and programmes for the development of small and medium enterprises(c) provide for classification of small and medium enterprises on the basis of investment in plant and machinery, or equipment and establishment of an advisory committee to recommend on the related matter(d) empower the central government to notify programmes, guidelines or instructions for facilitating the promotion and development and enhancing the competitiveness of small and medium enterprises(e) empower the state governments to specify, by notification, that provisions of the labour laws specified in clause 9(2) will not apply to small and medium enterprises employing up to fifty employees with a view to facilitating the graduation of small enterprises to medium enterprises;(f) make provisions for ensuring timely and smooth flow of credit to small and medium enterprises to minimise the incidence of sickness among and enhancing the competitiveness of such enterprises, in accordance with the guidelines or instructions of the reserve bank of india(g) empower the central and state governments to notify preference policies in respect of procurement of goods and services, produced and provided by small enterprises, by the ministries, departments and public sector enterprises(h) empowering the central government to create a fund or funds for facilitating promotion and development and enhancing the competitiveness of small enterprises and medium enterprises(i) empower to prescribe harmonised, simpler and streamlined procedures for inspection of small and medium enterprises under the labour laws enumerated in clause 15, having regard to the need to promote self-regulation or self-certification by such enterprises(j) prescribe for maintenance of records and filing of returns by small and medium enterprises with a view to reduce the multiplicity of often-overlapping types of returns to be filed;(k) make further improvements in the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993 and making that enactment a part of the proposed legislation and to repeal that enactment 3 the bill seeks to achieve the above objectsnew delhi;mahabir prasadthe 6th may, 2005 ———— president's recommendation under article 117 of the constitution of india[copy of letter no 2(3)/2005-ssi bd & pol vol-ii, dated the 10th may, 2005 from shri mahabir prasad, minister of small scale industries and agro & rural industries to the secretary-general, lok sabha]the president, having been informed of the subject matter of the small and medium enterprises development bill, 2005, has recommended the introduction and consideration of the bill in lok sabha under article 117(1) and (3) of the constitution of india notes on clausesclause 2 of the bill seeks to defines the various expressions used in the bill clause 3 seeks to provide for the establishment of the national small and medium enterprises board with its head office in delhi it further lays down that the minister in charge of the ministry or department of the central government having administrative control of the small and medium enterprises shall be the ex-officio chairperson in addition, it lays down the composition of the board consisting of the vice-chairperson, member- secretary, and 27 members representing various stakeholders this clause, inter alia, also contains provisions regarding the term of office of the members of the board, the manner of filling vacancies, frequency of meetings of the board, association of other persons with the board and invitation to ministers of the state governments to attend its meetingsclause 4 seeks to enumerates the grounds for removal of a member of the board from it and also specifies the procedures to be followed in such casesclause 5 seeks to specify the functions of the board clause 6 seeks to empower the central government to prescribe the powers and functions of member-secretary of the boardclause 7 seeks to classify "small enterprises" and "medium enterprises", based on investment in plant and machinery, equipment it also provides in detail for constitution of an advisory committee, its composition, role and matters to be considered by it while communicating its recommendations to the central government it also empowers the central government, while classifying any class or classes of enterprises as small enterprise or medium enterprise, to vary the criterion of investment and to consider other criteria or standards specified in this clause and include in such classification the micro or tiny enterprises or the village enterprises, as part of small enterprisesclause 8 seeks to lay down the requirement for filing of memorandum of small enterprise or medium enterprise with the authority specified by the state government or the central government under the provisions of this clause it also empowers the central government, to notify, the procedure of filing of the memorandum and the authority with which the memorandum shall be filed by a medium enterprise this clause also confers powers on the state government to notify the authority with which a small enterprise may file the memorandum it also enables the central government to notify the procedure to be followed by the above-mentioned authorities for the purposes of this clauseclause 9 seeks to enable the central government to notify programmes, guidelines or instructions for facilitating the promotion and development and enhancing the competitiveness of small enterprises and medium enterprises it also empowers a state government to provide, by notification, that the provisions of the employers' liability act, 1938, the weekly holidays act, 1942, the employment exchanges (compulsory notification of vacancies) act, 1959 and the apprentices act, 1961 shall not apply to small and medium enterprises employing up to fifty employees in that stateclause 10 seeks to provide for the credit facilities to the small and medium enterprises as may be specified in the guidelines or instructions issued by the reserve bank of indiaclause 11 seeks to empower the central government or the state government to notify preference policies in respect of procurement of goods and services, produced and provided by small enterprises, by its ministries, departments or its aided institutions and public sector enterprisesclause 12 seeks to enable the central government to constitute, by notification, one or more funds and credit thereto any grants made to the central government under the provisions of clause 13clause 13 seeks to empower the central government to credit to the fund or funds, such sums of money as the government may provide after due appropriation made by parliament by law in this behalfclause 14 seeks to empower the central government to administer the fund or funds in such manner, and also entrusts that government with the responsibility for the coordination and ensuring timely utilization and release of sums with such criteria, as may be prescribedclause 15 seeks to provide that notwithstanding anything in relation to inspection contained in the payment of wages act, 1936, the employees' state insurance act, 1948, the factories act, 1948, the employee's provident fund and miscellaneous provision act, 1952, the maternity benefit act, 1961, the payment of bonus act, 1965 and the payment of gratuity act, 1972, the inspection of a small and medium enterprises shall be carried out in such manner, with regard to the promotion of self-regulation or self-certification by the small and the medium enterprises, and by such authority, as may be prescribedclause 16 seeks to provide that every small and medium enterprise responsible for maintenance of such records, filing of such returns with such authority and in such forms, as may be prescribedclause 17 seeks to specify the liability of buyer of goods and services from a supplier to make payment therefor on or before the dated agree upon between the two parties in writing or, where there is no agreement in this behalf, before the appointed day the proviso to this clause seeks to limit the period agreed upon between the supplier and the buyer in writing to seventy-five days from the day of acceptance or the day of deemed acceptance clause 18 seeks to specify the date from which and the rate at which interests will be payable by the buyer to the supplier in case of the former failing to make payments of the amount to the supplier, as required under section 17clause 19 seeks to make the amount due from a buyer, together with the amount of interest calculated in accordance with the provisions of section 18, recoverable by way of a suit or other proceeding under lawclause 20 seeks to provide for the jurisdiction of the industry facilitation council for acting as an arbitrator or conciliator in respect of the matters referred to in clause 19clause 21 seeks to debar any court or other authority from entertaining an appeal against any decree, award or any other order unless the appellant (not being a supplier) has deposited with it seventy-five per cent of the amount in terms of the decree, award or other orderclause 22 seeks to makes it mandatory upon each state government to establish one or more industry facilitation councils for the purposes of this billclause 23 seeks to lay down in detail the structure of the industry facilitation council consisting of not less than three but not more than five members further, it empowers the state government to prescribe the composition of the industry facilitation council, the manner of filling vacancies of its members and the procedure to be followed in the discharge of their functionsclause 24 seeks to provide details of the information required to be submitted by any buyer in this annual statement of accounts, where such buyer is required to get his annual accounts audited under any law for the time being in forceclause 25 seeks to provide to disallow, for the purposes of computation of income under the income-tax act, 1961, the amount of interest payable or paid by any buyer, under or in accordance with the provisions of the proposed legislationclause 26 seeks to give the provisions of clauses 17 to 25 an over-riding effect over anything inconsistent therewith in any other law for the time being in forceclause 27 seeks to empower the central government or the state government to appoint officers and other employees for the purposes of this act and to entrust to them such of the powers and functions as it may deem fit this clause further empowers the officers so appointed to require, by order, any persons to furnish such information, in such form, as may be prescribedclause 28 seeks to lay down penalty for contravention of clause 8 or clause 16 or clause 24 or clause 27clause 29 seeks to specify that no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence punishable under this legislationclause 30 seeks to empower the central government to make rules for carrying out the provisions of this act and also provide that every notification issued under sub-clause (1) of clause 9 and every rule made by the central government under this clause shall be laid before each house of parliamentclause 31 seeks to empowers the state government to make rules for carrying out the provisions of this act and also specifies that the rule made under this clause shall be laid before the state legislatureclause 32 seeks to empower the central government to remove difficulties which may arise in giving effect to the provisions of this bill and also provide that every order made under this clause be laid before each house of parliamentclause 33 seeks to repeals the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993 as the provisions of that act have been suitably incorporated in the bill financial memorandumclause 3 of the bill provides for the establishment of national small and medium enterprises board the bill further provides that the board shall meet at least once in every three months in a year in addition, sub-clause (7) of the bill provides that board may associate itself with any person or persons whose assistance or advice it may desire this board will replace the currently existing non-statutory small scale industries (ssi) board consisting of one hundred and one persons, including forty-seven non-official members which normally meets once or twice in a year the expenditure usually incurred on holding a meeting of this board is about four to five lakh rupees in view of the reduced size of the board under the bill, coupled with the increased frequency of its meetings, it is expected that the total recurring expenditure on the board will be about fifteen lakh rupees in a year since the functions of the board consist of review and advice through its meetings only, no other recurring or non-recurring expenditure is likely to be incurred on the board in any case, the expenses of the board will be borne out of the usual budget grants of the ministry of small scale industriesclause 9 of the bill empowers the central government to notify programmes, guidelines or instructions as it may deem fit for facilitating the promotion and development and enhancing the competitiveness of small and medium enterprises even now, government has been implementing a large number of programmes for the development of small scale sector for which adequate budget provision is made every year however, it is not possible at this juncture to give an exact estimate of the likely requirement of funds for the following years, as the amount required will depend on such programmes, guidelines or instructions as might be taken up or issued from time to time in pursuance of this provision all such programmes, etc, will be finalised following the procedures laid down by the government, including consultation with the integrated finance wing or the ministry of finance, as necessaryclauses 12 and 13 contain provisions to enable the central government to constitute one or more funds and, after due appropriation made by parliament by law in this behalf, credit to the fund or funds by way of grants for the purposes of this legislation, such sums of money as the government may consider necessary to provide again, it cannot be estimated in advance as to how much money will be required to create such fund or funds in fact, the size of the fund will be determined by its purpose and the quantum and the mode of disbursement required from it so as to meet the objects for which it will be createdhowever, the concerns of availability of budgetary resources, interest outgo, etc, can be adequately addressed as and when such a fund is set up by the central government after due consultations with ministry of finance and after due appropriation made by parliament by law in this behalfclause 22 makes the state governments responsible to establish industry facilitation council in each state this clause is actually based on clause 7a of the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993 (32 of 1993) which is sought to be amalgamated in the bill therefore, this clause is not likely to entail any additional financial expenditure for this purpose over and above what is being already incurredclause 27 empowers the central government or state government to appoint such officers and other employees as it thinks fit for the purposes of this act at present, both the central and state governments have ministries, departments, directorates, etc, dealing with promotion of small scale industries which can discharge the duties and functions provided under this act therefore, there would be no necessity to appoint any additional officers and staff due to enactment of this bill hence, this provision is also not likely to lead to any additional financial burden to the government memorandum regarding delegated legislationclause 30 of the bill empowers the central government to make rules to carry out the provisions of the bill the matters in respect of which rules may be made relate, among others, to the term of office of the members of the board, the manner of filling vacancies, the procedures to be followed in discharge of functions by the members of the board and the powers and functions of the member-secretary under the provisions in clauses 3 and 6 rules will also be required to be framed under clause 14 for administration of the fund and the criteria based on which sums may be released from it the manner in which and the authority by which inspection will be carried out under section 15 and the records which may be maintained and the form in which the returns will have to be filed and other related matters under clause 16 are also proposed to be prescribed through rules rules will also have to be framed on the information to be furnished and the form in which it is to be furnished under sub-clause (2) of clause 27clause 31 seeks to empower the state government to make rules to carry out the provisions of the bill and in particular, such rules may provide for the composition of the industry facilitation council, the manner of filling vacancies of the members and the procedures to be followed in the discharge of their function by the members of the industry facilitation council under sub-clause (3) of clause 23the matter in respect of which rules may be made are matters of procedure and administrative details and it is not practicable to provide for all the matters in the bill the delegation of legislative power is, therefore, of a normal character————to provide for facilitating the promotion and development and enhancing the competitiveness of small and medium enterprises and for matters connected therewith or incidental thereto————(shri mahabir prasad, minister of small scale industries and agro and rural industries)mgipmrnd—968ls—10-05-2005 | Parliament_bills | 804cef0c-07ee-58c9-9811-d0fc96733bfc |
as introduced in the rajya sabha bill no viii of 2022 the constitution (scheduled castes and scheduled tribes) orders (amendment) bill, 2022 a billfurther to amend the constitution (scheduled castes) order, 1950 to omit bhogta community from the list of scheduled castes in relation to the state of jharkhand and the constitution (scheduled tribes) order, 1950 for inclusion of certain communities in the lists of scheduled tribes in relation to the state of jharkhandbe it enacted by parliament in the seventy-third year of the republic of india as follows:—tribes) orders (amendment) act, 2022co 192 in the schedule to the constitution (scheduled castes) order, 1950, in part via—jharkhand, entry 3 shall be omittedamendment of constitution (scheduled castes) order, 19503 in the schedule to the constitution (scheduled tribes) order, 1950, in part xxii—jharkhand,—5(i) for entry 16, the following entry shall be substituted, namely:—co 22amendment of constitution (scheduled tribes) order, 1950"16 kharwar, bhogta, deshwari, ganjhu, dautalbandi (dwalbandi), patbandi, raut, maajhia, khairi (kheri)";(ii) in entry 24, after "patar", the following shall be inserted, namely:—", tamaria (tamadia)";10(iii) after entry 32, the following entry shall be inserted, namely:—"33 puran" statement of objects and reasonsscheduled castes have been defined in clause (24) of article 366 of the constitution as"such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes for the purposes of this constitution"scheduled tribes have been defined in clause (25) of article 366 of the constitution as"such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution"2 articles 341 and 342 of the constitution provide as under:—"341 scheduled castes—(1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this constitution be deemed to be scheduled castes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification342 scheduled tribes—(1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification" 3 according to the provisions of articles 341 and 342 of the constitution, the first lists of the scheduled castes and the scheduled tribes were notified during the year 1950 in respect of various states and union territories, vide the constitution (scheduled castes)order, 1950 and the constitution (scheduled tribes) order, 1950, respectively these lists were modified from time to time list of scheduled tribes of the state of jharkhand has been modified, vide, the constitution scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003)the state government of jharkhand has requested to transfer "bhogta" community from the list of scheduled castes to the list of scheduled tribes and to include certain communities ie "bhogta, deshwari, ganjhu, dautalbandi (dwalbandi), patbandi, raut, maajhia, khairi (kheri)" communities in entry 16, "tamaria (tamadia)" community in entry 24 and "puran" community after entry 32 in the lists of scheduled tribes in respect of the state of jharkhand4 on the basis of recommendation of the state government of jharkhand, it is proposed to modify the lists of scheduled castes and scheduled tribes in respect of the state of jharkhand by amending the constitution (scheduled castes) order, 1950 and the constitution (scheduled tribes) order, 19505 the constitution (scheduled castes and scheduled tribes) orders (amendment)bill, 2022 proposes to amend—(a) part via—jharkhand of the schedule to the constitution (scheduled castes)order, 1950 to omit "bhogta" community from the list of scheduled castes mentioned in entry 3, and(b) part xxii—jharkhand of the schedule to the constitution (scheduled tribes)order, 1950 to include,—(i) "bhogta, deshwari, ganjhu, dautalbandi (dwalbandi), patbandi, raut, maajhia, khairi (kheri)" communities in entry 16;(ii) "tamaria (tamadia)" community after entry 24; and (iii) "puran" community after entry 326 the bill seeks to achieve the aforesaid objectsnew delhi;arjun mundathe 31st january, 2022 financial memorandumthe bill seeks to amend the constitution (scheduled castes) order, 1950 and the constitution (scheduled tribes) order, 1950, by amending the lists of scheduled castes and scheduled tribes in the state of jharkhand the amendment in the lists of scheduled castes and scheduled tribes relating to the state of jharkhand may entail additional expenditure on account of benefits to be provided to the persons belonging to the communities proposed in the bill under the continuing schemes meant for the welfare of the scheduled tribes2 it is not possible to estimate the likely additional expenditure to be incurred on this account at this stage however, the expenditure, if any, shall be accommodated within the approved budgetary outlay of the government ann exureextract from the constitution (scheduled castes) order, 1950(co19) part via—jharkhand 3 bhogta ————extract from the constitution (scheduled tribes) order, 1950(co 22) part xxii—jharkhand 16 kharwar 24 munda, patar ———— a billfurther to amend the constitution (scheduled castes) order, 1950 to omit bhogta community from the list of scheduled castes in relation to the state of jharkhand and the constitution (scheduled tribes) order, 1950 for inclusion of certain communities in the lists of scheduled tribes in relation to the state of jharkhand————(shri arjun munda, minister of tribal affairs) | Parliament_bills | 0301c3b9-2db4-50e0-8cdd-73d54e607ecf |
bill no 152 of 2018 the code of civil procedure (amendment) bill, 2018 by shri bhartruhari mahtab, mp a billfurther to amend the code of civil procedure, 1908be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the code of civil procedure (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint5 of 190852 in the code of civil procedure, 1908 (hereinafter referred to as the code), forsection 35a, the following section shall be substituted, namely:—substitution of new section for section 35a"35a (1) if any suit or other proceedings, including an execution proceedings but excluding an appeal or a revision, any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false orcosts in respect of false or vexatious or defences5vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the court, if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector by the party by whom such claim or defence has been put forward, of such compensatory, punitive and prohibitive costs as appear to the court to be in the interest of justice10(2) in determining the amount of costs under sub-section (1), the court shall give due regard to the inconvenience faced by the objector against whom false or vaxatious claims were made, the costs of litigation, the loss of reputation of the objector due to such claims and the loss of judicial time:provided that no court shall make any such order for the payment of an amount exceeding the limits of its pecuniary jurisdiction15(3) no person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him(4) the amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence" 3 for section 35b of the code, the following section shall be substituted, namely:—20substitution of new section for section 35bcosts for causing delay"35b (1) if, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit—(a) fails to take the step which he was required by or under this code to take on that date, or25(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,30the court shall make an order imposing such compensatory, punitive and prohibitive costs as appear to the court to be in the interest of justice and payment of such costs, on the date next hearing following the date of such order, shall be a condition precedent to the further prosecution of—(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs;(b) the defence by the defendant, where the defendant was ordered to pay such costs35explanation—where separate defences have been raised by the defendants or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the court to pay such costs40(2) in determining the amount of costs under sub-section (1), the court shall give due regard to the inconvenience faced by the other party due to delays caused by the delinquent party, the costs of litigation and the loss of judicial time:provided that no court shall make any such order for the payment of an amount exceeding the limits of its pecuniary jurisdiction45(3) the court may, for reasons to be recorded, exempt invocation of sub-section (1) if it so deems fit" statement of objects and reasonsdelays in judicial processes are order of the day according to an estimate, judicial delays costs our nation around 05 per cent of gross domestic product (gdp) in terms of lost man-hours, litigation costs, disruption in productive activities a major cause of prolonged judicial proceedings is the tendency among parties to litigation to seek adjournments on one excuse after the other moreover, many a time parties make false or frivolous claims in judicial proceedings and employ it as a dilatory tactic to delay timely conclusion of the proceedingsthough there are provisions in the code of civil procedure, 1908 under section 35aand section 35b, these provisions have largely proved to be inadequate to address the malaise of prolonged judicial proceedings due to various reasonsfirstly, section 35b of the code makes it discretionary for the courts to impose costs for causing delays as a result, litigants often try to delay judicial proceedings and get away without any penalty acknowledging the importance of invoking section 35b of the code of civil procedure, the supreme court observed in vinod seth's case that section 35b providing for costs for causing delay should be regularly employed to reduce delay the supreme court has, in many recent cases, imposed costs as high as twenty-five lakh rupees for wasting judicial timesecondly, section 35a provides for only compensatory costs in respect of false or vexatious claims or defences and disregards the need to impose punitive costs on delinquent parties so as to prohibit them from making false or vexatious claims or defencesthirdly, the said section 35a lays down an upper limit of a mere three thousand rupees for compensatory cost and that too is seldom invoked though the supreme court and the high courts have plenary powers under their writ jurisdiction to award higher costs, the exercise of power to impose cost by the lower courts is largely fettered by the monetary ceiling laid down under section 35ait is, therefore, high time that section 35a and 35b are amended to make them more effective in addressing delays in courtswith the above objects in view, the bill seeks to amend the code of civil procedure, 1908 with a view to—(a) provide that it shall be mandatory for courts to impose costs for causing delays, and in only exceptional cases, for reasons to be recorded, the courts may do away with such imposition of such costs;(b) provide for imposition of punitive costs in addition to compensatory costs in cases of false or vexatious claims or defences;(c) do away with the maximum ceiling of three thousand rupees on costs imposable under section 35a of the code; and(d) provide that the court shall give due regard to factors such as the inconvenience faced by the aggrieved party, costs of litigation and loss of judicial time while imposing cost on delinquent parties so that the costs imposed are prohibitive the bill seeks to achieve the above objectsnew delhi;bhartruhari mahtabjuly 10, 2018 annexure (extracts from the code of civil procedure, 1908) (no 5 of 1908)| ||--------------|| compensatory || costs in || respect of || false or || vexatious || claims or || defenses |35a (1) if any suit or other proceedings including an execution proceedings but excluding an appeal or a revision, any party objects to the claim of defense on the ground that the claim or defense or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the court if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the object or by the party by whom such claim or defence has been put forward, of cost by way of compensation(2) no court shall make any such order for the payment of an amount exceeding three thousand rupees or exceeding the limits of it pecuniary jurisdiction, whichever amount is less:provided 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 (9 of 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 limits by more than one hundred rupees:provided further that the high court may limit the amount or class of courts is empowered to award as costs under this section(3) no person against whom an order has been made under this section shall, by reason thereof, by exempted from any criminal liability in respect of any claim or defence made by him(4) the amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defencecost for causing delay35b (1) if, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit—(a) fails to take the step which he was required by or under this code to take on that date, or(b) obtains an adjournment for taking such step or for producing evidence or on any other ground, the court may, for reasons to be recorded, make an order requiring such party to pay to the other party such costs as would, in the opinion of the court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the court on that date, and payment of such costs, on the date next following the date of such order, shall be a condition precedent to the further prosecution of—(a) the suit by plaintiff, where the plaintiff was ordered to pay such costs (b) the defence by the defendant, where the defendant was ordered to pay such costsexplanation—where separate defences have been raised by the defendants or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the court to pay such costs(2) the costs, ordered to be paid under sub-section (1) shall not, if paid, be included in the costs awarded in the decree passed in the suit; but if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons lok sabha———— a billfurther to amend the code of civil procedure, 1908————(shri bhartruhari mahtab, mp)mgipmrnd—1780ls(s3)—01102018 | Parliament_bills | a4e41fcb-98ee-5ecf-9c2f-595a9470fc65 |
the coal bearing areas (acquisition and development) bill, 19~7(as introduced in lob: sabra) arrangement of clauses1 short title, extent and commencement 2 definitions 3 appointment of competent authority 4 preliminary notification respecting intention to prospect for coal in any area and powers of competent authorities thereupon 5 effect of notification on prospecting licences and mining leases 6 compensation for any necessary damage done under section 4 7 power to acquire land or rights in or over land notified under section 4 8 objections to acquisition 9 declaration of acquisition 10 vesting of land or rights in central government 11 power of central government to direct vesting of land or rights in a government company 12 power to take possession of land acquired 13 compensation for prospecting licences ceasing to have effect, rights under mining leases being acquired, etc 14 method of determining compensation 15 colts 16 interest on awards 17 payment of compensation 18 prospecting and mining to be done by central government· in conformity with the mineral concession rules 19 power to delegate 20 appeals 21 power to obtain information 22 power to enter and inspect 23 penalties 24 service of notices and orders 25 protection of action taken in good faith 26 jurisdiction of civil courts 27 power to make rules 28 notifioations under act 1 of 1894 in which proceedinp are pending to be treated as notifications under this act the coal bearing areas (acquisition and development) bill, 1957· (as introduced in lok sabra) a billto establish in the economic interest of india greater public control over the coal mining industry and its development by providing for the acquisition by the state of unworked land containing or likely to contain coal deposits or of rights in or over such land, for the extinguishment or modification of such rights accruing by virtue of any· agreement, lease; licence or otherwise, and for matters connected therewith be it enacted by parliament in the eighth year of the republic )f india ·asfollows:-:--short title, (acquisl- extent anel commencement 1 (1) this act may be called the cosl bearing areas ion and development) act, 1957 (2) it ex~ends to the whole of india, except the state of jammu md kashmir (3) it shall come into force on such date as the central governnent may, by notificationin the offtcial gezette, appoint de finiti on •• 2 in this act, unless the context otherwise requires,-(a) "competent authority" means any person appointed to be a competent authority under section 3; (b) "government company" means a government company as defined in section 617 of the companies act, 19~6, in which any land or rights in or over la~d shall have· vested under tioli it; ,' , (c) "mineral concession rules" means the rules for the time being in force made under the mines and minerals (regulation and development) act, 1948; " 011914" (d) the expression "person interested" includes all persons claiming an interest in compensation to be made on account of s the acquisition of land, or of the acquisition, extinguishment or modification of any rights in or over land, under this act; (e) "prescribed" means prescribed by rules made under this act; (f) "tribunal" means the tribwwll constituted under 10 section 14 appointment of competent authority is 3 the central government may, by notification in the oftlcial gazette, appoint any person to be the competent authority for the purposes of this act; and different persons may be appointed u competent authorities for different provisions of this act and for different areas :~~: 4 (1) whenever it appears to the central government that coal !especting is likely to be obtained from land in any locality, it may, by notifl-:r~8= }~r cation in the oftlcial gazette, give notice of its intention to prospect coal in any for coal therein area and powen of (2) every notification under sub-section (1) shall give a brief competent authorities description of the land and state its approximate area thereupon (~) on the issue of a notification under sub-section (1), it ahan be lawful for the competent authority and for his lervants and workmen-(a) to enter upon and survey any land in such loea1ity; (b) to dig or bore into the sub-soil; (c) to do all other acts necessary to prospect for coal in the land; (d) to set out the boundaries of the land in which prospect-30 ing is proposed to be done and the intended line 'of the work, if any, proposed to be made thereon; (e) to mark such boundari:es and line by placinr, marks; and <f> where otherwise the survey cannot be completed and the boundaries and line marked, to cut down and clear away any 3s part of any standing crop, fence or jungle: provided that no person shall enter into any building or upon any enclosed court or garden attached to 8 dwelling houie {unltll with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so (4) in issuing e notification under this section the central gov-5 ernment shall exclude therefrom that portion of any land in which coal mining operations are actually being carried on in conformity with the provisions of any enactment, rule or order for the time beirig in force or any premises on which any process ancillary to the getting, dressing or preparation for sale of coal obtained as a 10 result of such operations is being on ere situate 5 on the issue of a notification under sub-section (1) of section 4 etr~ o~ notdicauon in respect of any landon prospecting licences (a) any prospecting licence granted to any person under l:'!er::ning the mineral concession rules which authorises him to prospect 15 for coal or any other mineral in the land shall cease to have effect; and (0) any mining lease granted to any person under the mineral concessi(}n rules shall, in so far as it authorises the lessee or any person claiming through him to undertake any 20 operation in the land, cease to have effect for so long as the notification under that sub-section is in force 6 (1) whenever rmy action of the nature described in sub-section compen-(3) of section 4 is to be taken, the competent authority shall, before :~ti~~~_ or at the time such action is taken, payor tender payment for all ui; damqe 25 necessary damage which is likely to be caused, and in case of ~:ctio:rr dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it should be paid or tendered, he shall at once refer the dispute to the decision of the central government, and the decision of the central government shall be final 30 (2) the fact that there exists any such dispute as is referred to in this section shell not be a bar to action under sub-section (3) of section 4 'i (1) if the central government is satisfied that coal is obtain- pow~r to able in the whole or any part of the land notified under sub-section ~~f;h~~ 35 (1) of section 4, it may, within a period of two years from the date orc!ver land of the said notification or within such further period not exceeding :~~:red one year in the aggregate es the central government may specify eclion 4 in this behalf, by notification in the official gazette, give notice of its intention to acquire the whole or· any part of the land or of any 40 rilhts· in or over such land, as the case may be (2) if no notice to acquire the land or any rights in or oyer such land is given under sub-section (1) within the period allowed thereunder, the notification issued under sub-section (1) of section 4 shall cease to have effect on the expiration of three years from the date thereof s ob,ections to acquisition 8 (1) any person interested in any land in respect of which a notification under section 7 has been issued may, within thirty days of the issue of the notification, object to the acquisition of the whole or any part of the land or of any rights in or over such land explanation-it shall not be an objection within the meaning 10 of this section for eny person to say that he himself desires to undertake mining operations in the land for the production of coal and that such operations should not be undertaken by the central government or by any other person (2) every objection under sub-seetion (1) shall be made to the is competent authority in writing, and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and shall, after hearing all such objections and after making such further inquiry, if any,es he thinks necessary, submit the case for the decision of the central govern- 20 ment together with the record of the proceedings held by him and a report containing his recommendations on the objections (3) for the purposes of this section, person shal1 be deemed to be interested in land who would be entitled to claim an interest in compensation if the land or any rights in or t:1v~ such land were 25 acquired under this act declaration of acquisition 9 (1) when the central government is satisfied, after considering the report, if any, made under section 8 that any land or any rights in or over such land should be acquired, a declaration shall be made by it to that effect: 30 provided that, where the declaration relates to any land or to any rights in or over land belonging to a state government which has or have not been leased out, no such declaration shall be made except after previous consultation with the state government (z) the declaration shall be published in the o:mclal gazette, 35 and-(a) in any case where land is to be acquired; shall state the district or other territorial division in which the land is situate and its approximate area; and, where a plan shall have been made of the land, the place where such plan tna)" be inipeded; 40 (~) in any case where rights in or over such land are to be acquired, shall state the nature and extent of the rights in addition to the matters relating to the land specified in clause (a); and 5 a copy of every such declaration shall be sent to the state government concerned 10 (1) on the publication in the official gazette of the dec1ara- vesting of tion under section 9, the land or the rights in or over the land, as =t~n the case may be, shall vest absolutely in the central government central govemmcdt 10 (2) 'where the rights under any mining lease granted by a state govemrnent to any person are acquired under this act, the central government shall, on and from the date of such vesting, be deemed to have become the lessee of the state government as if a mining leue under the mineral concession rules had been granted by the is state government to the central government; the period thereof being the entire period for which such a lease could have been granted by the state government under those rules 11 (1) notwithstanding anything contained in section 10, the power of cemral government may, if it is satisfied that a government com- ce g ntral t ~ o~m· pany it willing to comply, or has complied, with such terms and con- to direct ditions as the central government may think fit to impose, direct, by t:~r of orde:r in wrltmg, that the land cyr the rights in or over the land, as rights in a the cue may be, shall, instead of vesting in the central government govperanynment com uz:der seettoll 10 or continuing to so vest, vest in the government 25 company either on the date of publication of the declaration or on sw:h other date as may be specified in the direction (2) where the rights under any mining lease acquired under this act vest in a government company under sub-section (1), the government company shall, on and from the date of such vesting, be ~ deemed to have become the lessee of the state government as if a mining lease under the mineral concession rules had been granted bytbe state government to the government company, the period thereat being the entire penod for which such a lease could have beer granted by the state government under those rules; and all 35 the rights and liabilities of the central government in relation to 'the lease or the land covered by it shall, on and from the date of such vestinl~ be deemed to have become the rights and liabilities of the government company 12 the competent authority may, by notice in writing, require power to 40 any person in ptjssession of any land acquired under this act to sur- :~~ ~~i:d ( render or deliver possession of the land within such period as may acquired be specified in the notice, and if a person refuses or falls to comply with any such notice, the competent authority may enter upon and take possession of the land, and for that purpose may use or cause to be used such force as may be necessary compenba-13 (1) where a prospecting licence ceases to have ded under 5 ~;:~ri ! section 5, there shan be paid to the person interested compensatioo, licences the amount of which shall be a sum made up of all items of reason-~~~~~ able hnd bona fide expenditure actually incurred in respect of the rights und~r, land, that is to say,-minin8 lease being acquir-() the expenditure incurred in obtainin, the licence; 10 cd, etc (it) the expenditure, if any, incurred in respect of the pre-inlration of maps, charts and other documents relatil1&' to the land, the collection from the land of cores or other mineral samples and the due analysis thereof and the preparation of any other relevant records or material; is (iii) the expenditure, if any, incurred in respect of the construction of roads or other essential works on the land, if such roads or works are in existence and in a usable condition; - (iv) the expenditure, if any, incurred in respect of any other operation necessary for prospecting carried out in the land 20 (2) where the rights under a mining lease are acquired wlder this act, there shall be paid to the person interested compelllatien, the amount of which shall be a sum made up of the foliowid&' items, namely,-(&) if the lease was granted after prospecting operations had 25 been carried out in respect of the land under a prospectinc licence, the sum of all items of reasonable and bona fide expenditure actually incurred with respect to the matters specibed in clawles (t), (ii), (ii,) and civ) of sub-section (1) before the date of the ~~ ~ provided that where two or more leases had been panted in relation to any land covered previously by one prpspectiq licence, only so much of the expenditure aforesaid as bears to the total expenditure the same proportion as the area under the mining lease in respect of which the rights have been acquired'" bears tg the total area covered by the minidc leases shall be payable under this clause; (ii) any reasonable and bona fide expenditure of the natuno referred to in clauses (z), (it) and (iii) of sub-section (1) actually incurred in relation to the lease, toirether with the alarni if 40 any, paid for obtaining the lease; (iii) the expenditure, if any, incurred by way of payment of deal-rent or mainimum royalty during any year or years when there was do production of coal; 5 (iv) interest on any such expenditure referred to in clauses (i), (ii) anel (;i{) as ha actually been incurred during the period commencing from the date of the lease and ending with t~e year in which the rights under the lease are acquired, interest being calculated in the following manner, that is to say,-15 10 interest at the rate of five per centum per annum in respect of the expenditure incurred during each calendar year for the first five years commencing from the year in which such expenditure was incurred plus interest at the rate of four ~ centum per annum in respect of each subsequent year after the expiration of the first five years and ending with the year in which the rights under the lease are acquired: 2c provided that the total sum payable under this clause shall not exceed one-half of the total amount referred to in clauses ru) and f;;i) (3) where the rights under a mining lease acquired under section 9 relate only to a part of the land covered by the mining lease, the amount of compensation payable shall be such as bears to the total compensation which would have been payable if the rights of the 2s mining lessee in respect of the entire land had been acquired, the same proportion which the area of the land in respect of which the ril{hts are acquired bears to the total area of the land covered by the mining lease (4) where a m,jning lease ceases to have effect for any period 30 under clause (b) of section 5, there shall be paid by way of compensation for the period during which the lease so ceased to have effect, a sum equivalent to five per centum of any such expenditure as is referred to in clauses (i) and (iii) of sub-section (2) for each year during which the lease remains suspended 3' (5) where aay land is acquired under section 9, there shall be paid compensation to the person interested the amount of which shall be determined after taking into consideration-(a) the market value of the land at the date of the publication of the dotification under sub-section (1) of section 4: 40 explarumo~-the value of any minerals lying in the land shall not be taken into consideration in determining the market value of any land; (b) the dabua,e sustained by the person interested, by reason of the taking of any staading crops of trees which may be on the land at the time of the taking possession thereof; (c) the damage, if any, sustained by tbe person interested, at tlie time of taking possession of tbe land, by reason of sever- 5 iog such land from other land; (d) tbe damage, if any, sustaiaed by the penoa interested, at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any other maner, or his earnings; ie (e) if, in consequence of tile acquisition of the land, the person interested is compelled to challie hill residence or place of business, the reasonable expedles, if any, inddental to such change; and (f) the damage, if any, bonafide~ resuitilli from diminution 15 of the profits of the land between the time of the publication of the notification under sub-section (1) of section 4 and the time of the publication of the declaration under sub-section (2) of section 9 (6) where any operation carried on by or on belaalf of the 20 central government in the exercise of any powers conferred b, this act causes or is likely to c8luse dllldace to the surface of any land of any works thereon and in respect thereof no pl'ovision for compensation is made elsewhere in this act, the codlpetont au~ority shall payor tender payment for all such dama,e, and, in case 25 of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it is to be paid or tendered, be sliall refer the dispute to the decision of the tribuna) (7) no compensation under this section in relation to maps, charts and other documents shall be paid unless the person to whom it is 30 payable has delivered to the prescribed authority all the maps, charts and other documents method of dererminm, coidpeuaadon 14 (1) where the amount of any compensation payable under this act can be fixed by agreement, it shall be paid in accordance 3~ with such agreement (2) ""ere no iuch agreement ean be reaehed, the central gov-~ ~, c:oastitute a trlhljlull cousistlnj of a perion who is or hal been ql' is l'iuawled to be judge of a mh court for the purpose of determining the amcnmt (3) the central government may in any particular case nominate a person having expert knowledge in mining to assist the tribunal, and where such nomination is made, the person or persons interested may also nominate any other person for the same purpose 5 (4) at the commencement of the proceedingi before the tribunal the central government and the person interested shall state what in their respective opinions is a fair amount of compensation (5) the tribunal shall, after hearing the dispute, make an award determining the amount of compensation which appears to it to be 10 just, and specify the person or persons to whom the compensation shall be paid; and in making the award the tribunal shall have regard to the circumstances of each case and to the foregoing provisions of this act with respect to the manner in which the amount of compensation shall be determined in so far as the said provisions is or any of them may be applicable (6) where there is a dispute as to the person or persons entitled to compensation and the tribunal finds that more persons than one are entitled to compensation, it shall apportion the amount thereof among such persons and in such manner as it thinks fit 20 (7) nothing in the arbitration act, 1940, shall apply to any pro- 10 of 1940 ceedings under this section 15 every award made by the tribunal shall also state the cost amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid 25 16 if the lum which in the opinion of the tribudal ought to have inter3st on been awarded a compellsation il in excess of the sum which the awar s central govenud8dt has i'tated to be a fair amoodt of compensation, the awrd of the trlbudal may direet that the central government shall pay int8l'811t on such excess at the rate of five per centum per 30 iuulujd from the date on which it beeame payable to the date of payment of luch nces • d payment f)f 17 (1) any compensation payable under this act may be ten er- compenlled or paid to the persons interested entitled thereto, and the central non government shall pay it to them unless prevented by some one or 35 more of the contingencies mentioned in sub-section (2) (i) if the persons interestea entltled thereto shall not consent to receive it or if there be any dispute as to the sufficiency of the amount of compensation or the title to receive it or the apportionment thereof, the central governitlpnt shall deposit the amount of 40 compensation with the tribunal: provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: provided further that no person who has received the amount otherwise than under protest shall be entitled to take any matter under this act before the tribunal 5 (3) when the amount of compensation is not paid or deposited as required by this section, the central government shall be liable to pay interest thereon at the rate of five per centum per annum from the time the compensation became due until it shall have been so paid or deposited 10 j:'rospecting 18 where prospecting is done under this act by or on behalf and inin to be"dc;i;; of the central government in any land situate within the jurisdiction by central of a state government or where the central government or a govgo~:~t ernment company has become the lessee of a state government in mity with respect of any land under this act, the terms and conditions under 15 ~== which the prospecting can be done or rights under the lease ex-rules ercised shall, as far as may be, be the same as the terms and conditions applicable to prospecting licences and mining leases under the mineral concession rules; and in case of doubt or dispute, shall be settled by arbitration or in such other manner as the central 2c government and the state government may decide power to] delegate 19 the central government may, by notification in the official gazette, direct tlmt all or any of the powers or duties which may be exercised or discharged by it under this act shall, in such circumstances and under such conditions, if any, as may be specified in the 25 notification, be exercised or discharged also by any person specified in this behalf in the notification; and any such person may, with the previous approval c'f the central government, by order in writing, direct that any power or duty which has been directed to be exercised or discharged by him shall, in such circumstances and under i u such conditions, if any, as may be specified in the direction, be exercised or discharged by any such person subordinat~ to him as may be specified therein 20 (1) any person aggrieved by any award of the tribunal under section 14 may, within thirty days from the date of such ~:, award, preferan appeal to the high court within whose jurisdiction the land or some portion of the land which has been acquired or the land or some portion of the land covered by a prospecting licence or by a mining lease in respect of which mining rights have been acquired is situate (2) any person aggrieved by an order made by a competent authority or by any other person in virtue of any powers exercisable by him under this act may, within twenty-one days from the date of the order, prefer an appeal to the central government 5 (3) on receipt of an appeal under sub-section (2), the central government may, after calling for a report from the competent authority or person concerned, and giving an opportunity to the parties to be heard, and after making such further inquiry as may be necessary, pass such orders as it thinks fit, and the order of the 10 central government shall be final (4) where an appeal is preferred under sub-section (2), the central government may stay the enforcement of the order of the competent authority or person concerned for such period and on such conditions as it thinks fit is 21 the central government or any person authorised in writing power to by it in this behalf may, by order in writing, require any person to obt~in inforfurnish to such authority as may be specified in the order such in- matton formation in his possession as may be required relating to any property in respect of which action is proposed to be taken under 20 tllis act 22 the competent authority, ric any person authorised in writing power to by it in this behalf, by general or special order, may enter and ::~d inspect any property for the purpose of determining whether and, if so, in what manner an order under this act should be made in 25 relation to any property or with a view to securing compliance with any order made under this act 23 whoever wilfully obstructs any person in doing any of the penaltiea acts authorised by sub-section (3) of section 4 or wilfully fills up, destroys, damages or displaces any mark made under section 4, or 30 wilfully obstructs the lawful exercise of any other power conferred by or under this act, or fails to comply with any order made or direction given 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 3s 24 subject to any rules thet may be made under this act, every seryice of hi a h ii notice and notice or order issued or made under t s ct s a -orden (a) in the case of a notice or order of a general nature or affecting a number of persons, be notified in the official gazette and also published in the locality in such manner as may be 40 prescribed; and (b) in the case of a notice or order directed to ~ individual,-(i) wherever it is practicable to do so by delivering or tendering it to that individual; or (ii) if it cannot be so delivered or tendered, by aflxing 5 it 011 the door or some other conspicuous part of the rem· dence in which that individual lives, and a written report thereof shall be prepared and witdessed by two persons living in the neighbourhood; or (iii) failing service by these means, by post protection of action taken in good faith 25 (1) no suit, prosecution or other legal proceeding shall lie against the central government or any person for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder (2) no suit or other legal proceeding shall lie against the central 15 government or the competent authority or any other person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder jurisdiction of civil courts 26 save as otherwise expressly provided in this act, no civil 20 court &hall have jurisdiction in respect of any matter which the cediral government or the competent authority or any other person is empowered by or under this act to determine power to make rulet 2'7 (1) the central government may, by notiftcation in the official gazette, make rules for carrying out the purposes of this act 2' (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the fg11o'w-ing matters, namely:-(a) the procedure to be followed in making any inquiry 30 under this act; (b) the procedw-e to be followed by the tribunal in proceedings under section 14; (c) the form and manner in which appeals to the central government may be made under this act; and (d) any other matter which has to be, or may be prescribed 35 (3) all rules made under this section shall be laid for not less than thirty days before each house of parliament as soon as may be after they are made and shall be subject to such modifications as parliament may make during th~ session in which they are so laid or the session immediately following 28 (1) every notification issued before the commencement of notifications this act, whether by the central government or by a state gov- ~~:~:f~ i ernment, under section 4 of the land acquisition act, 1894 (herewhic~ pro-i of i8s inafter referred to as the said act), in which lands were stated to be =l~~'t~re s needed for the prospecting of coal seams for the development of be tr~ted collieries to be worked by the union of india shall be deemed to have ~:o~~r::;r been issued by the central government under section 4 of this act as this act if this act had been in force on the date of the notification (2) every notification issued before the commencement of this 10 act, whether by the central government or by a state government, under section 6 of the said aet in whieh lands were stated to be needed for the development of coal shall be deemed to have been issued under section 9 of this act as if this act had been in force on the date of the notification (3) any objection preferred under section 5a of the said act is in respect of any land covered by any notification issued under section 4 of the said act shall be deemed to be an objection preferred under section 8 of this act to the relevant competent authority and may be disposed of by him accordingly; and the central 20 government may at any time make a declaration under section 9 of this act in respect of the land or any part thereof (4) subject to the other provisions contained in this section, the provisions of this act (including provisions relating to compensation) shall apply in relation to any such notification as is referred to in ~s sub-section (1) or sub-section (2) as they apply in relation to any notification issued under section 4 or section 9, as the case may be, of this act statement of objects and reasonsaccording to the industrial policy resolution of 1956 the future development of coal is the responsibility of the state all new units in the coal industry will be set up only by the state save in exceptional circumstances as laid down in the resolution the production of coal in india in 1955 was 38 million tons and the target for production for the second five year plan has been fixed at 60 million tons per annum it has been decided that out of the additional production of 22 million tons per annum envisaged, the public sector should produce an additional 12 million tons per annum, the balance being allocated to the private industry for production from existing collieries and immediately contiguous areas out of the additional 12 million tons in the public sector, the bulk (10 million tons per annum) will have to be raised by the development of new coalfields, such as korba, karanpura, kathara and jhilimili and bisrampur very nearly all the coal bearing areas however are covered by mining leases held by private persons or prospecting licences which carry a right to a mining lease hence it is proposed to take power to acquire unworked coal bearing areas covered by private leases or prospecting licences which are found surplus to the production required in the private sector and to work the~e areas as lessees of the state governments with the acquisition of zamindari rights by the state governments, the rights in minerals are now vested in all areas in the state governments, and it is not appropriate to use the land acquisition act, 1894, for the acquisition of mineral rights, particularly because the central government does not intend to acquire the proprietary rights vested in the states there is no other existing central or state legislation under which the government has powers to acquire immediately the lessee's rights over the coal bearing areas required by government for the additional coal production it is accordingly considered necessary to take powers by fresh legislation to acquire the lessees' rights over unworked coal bearing areas on payment of reasonable compensation to the lessees, and without affecting the state government's rights as owner of the minerals or the royalty payable to the state government on minerals the bill provides for payment of reu<!lnable compensation for the acquisition of the rights of prospecting licensees and mining lessees the principles for determining compensation are set out, in essence, in clause 13 of the bill these are similar to the principles contained in the rules issued with the approval of parliament under section 7 of the mines and minerals (development and regulation) act, 1948 in regard to the acquisition of mining leases, the compensation paylble under the bill will be the actual legitimate expenditure incurred by the leaseholder, plus a sum, in the nature of interest, calculated on the expenditure incurred and not exceeding 50 per cent of such expenditure swaran singitnew delhi; the lit m411, 18s'7 the coal bearing areas (acquisition and development) bill,1957, contemplates the acquisition by the state of unworked coal bearing lands that may be required by the government for prospecting· and establishment of new ccjilieries the bill, if enacted, will involve expell:diture from the consolidated fund· of india in respect of,-(1) the payment of-(i) compensation to be determined in accordance with the principles laid down in clauses 13 and 14 of the bill, (ii) costs in respect of any proceedings under the new law, (iii) interest under clauses 16 and 17; (2) the appointment of-(i) a tribunal under clause 14 (2) for determining com~ pensation, (li) experts in mining to assist the tribunal under clause 14(3), (iii) the staff that will have to be employed for the administration of the act the areas that will be finally acquired by the government will be selected after carrying out prospecting and it is not possible at this stage to estimate accurately the expenditure that will be incurred in acquiring the lands the acquisition of coal bearing areas is included in the programme of coal development during the second five year plan, for which a provision -of rs 40 crores has been made on a rough estimate, the expenditure on acquisition, appointment of tribunal, etc, is likely to be about rs 100 lakhs during the second plan period clause 27 of the bill specifies the matters in respect of which rules may be made by the central government these matters relate to the procedure to be followed in making inquiries under the bill and the procedure to be followed by the tribunal in proceedings under clause 14 which relates to the method of determining compensation and the form and manner in which appeals may be preferred these are all matters of detail which may well be regu· lated by rules and any rules made will be placed before parliament the rule-making power is of a normal character , bill to establish in the economic interest of india greater public control over the coal mining industry and its development by providing for the acquisition by the state of unworked land containing or likely to contain coal deposits or of rights in or over such land, for the extinguishment or modification of such rights accruing by virtue of any agreement, lease, licence or otherwise, and for matters connected therewith the president has, in pursuance of clause (3) of article ii 7 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary sardar swaran singh, minister of steel, mina and fuel | Parliament_bills | 23c56433-5253-5a55-9e9b-c5a49b8efdb8 |
' i the bengal ifinancb (sales tax) (delhl valida- tion of appointments : and proceedings) bill, i971 abill i' 'to ," - i - ~o validate appointments of certain officers 'il:n4er the bengal ~nance (sales tax) act, 1941, as in force in the union territory of delhi and to validate proceedings taken by such ofjicers under that act and the central sales tax act, 1956 ' ; ~ it (macted by parliament in the twenty-second year of the republic of india as follows:-1, this act may be called the bengalfinance (sales tax) (delhi short title validation of appointments and proceedings) act, 1971 2 in this act,-5 deflnition& , ' (a) "ad~inis4"at9r~~ means the a<ilninistrator of the union te,j:"r~tory ~f delhi appointed by the president under article 239 'c1f the constitution; , 1 (b) "appointment" means appointment as-10 (a) commissioner of sales tax; or ( ~ (b) additional commissioner of sales tax; or (c) deputy commissioner of sales tax; or (d) assistant commissioner of sales taxi or (e) sales tax oftlcer; or (f) assistant sales tax ofticer; or (g) inspector s 3 jnotwithstanding anything contained in any judgment, decree or ordert,of any court, tribunal or other authority-(a) no appointment of any person made or purporting to have been made under or for the purposes of the bengal finance (sales validation of certain appointments assessments etc tax) act, 1941, as in force in the union teltitory of delhi (herein- io bengal act after refelted to as the principal act) before the commencement of vi of iim1 this act shall be deemed to be illegal or invalid or ever to have been illegal or invalid merely on the ground that such appointment was not made in accordance with the provisions of section 3 of the principal act or on the ground that such appointment was not made 15 under that section or on both those grounds; and (b) no assessment, re-assessment, levy or collection of any tax made or purporting to have been made under the principal act or under the central sales tax act, 1956, as the case may be, before the 74 of 1956 commencement of this act and no jurisdiction exercised, no order 20 made and no other act or proceeding or thing done or taken by, or before, a person referred to in clause ca) in relation to such assessment, re-assessment, levy or collection shall be deemed to be illegal or invalid or ever to have been illegal or invalid merely on the ground that such jurisdiction was exercis'ed or such order had 25 been made or such other act or proceeding or thing had been done or taken by, or before, a person whose appointment was not made in accordance with or under the provisions of section 3 of the principal act and accordingly-(i) all appointments made or purporting to have been made 30 under or for the purposes of the principal act before the commencement of this act shall, for all purposes, be deemed to be, and to have been made in accordance with law; (ii) the jurisdiction exercised, orders made and all other acts, proceedings or things done or taken by the administrator 35 or by a person whose appointment had been made as aforesaid or by any other officer of government or by any tribunal or other authority in connection with the said appointments or in connection with the assessm'ent, re-assessment, levy or collection of tax under the principal act or under the central sales tax 40 act, 1956, as the case may be, shall, for all purposes, be deemed '74 of in8 to be and to have been exercised, made, done or taken in accordance with law; and (1ii) no suit or other proceedings shall be maintained or continuedin any court or before any tribunal or other authority 45 whataoever on the ground that any such appointment was illegal or invalid or any such jurisdiction, order or other act, proceeding or thing was not exercised, made, done or taken in accordance with law • (1) the bengal finance (sales tax) (delhi validation of appoint-repeal and 7 of 1971 s ments and proceedings) ordinance, 1971, is hereby repealed savin, (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed· to have been done or taken under this act, as if this act had commenced on the 18th day of may 1971 section 3 of the bengal finance (sales tax) ':aet,"!1kl ' as : in force in !,be unio~ terri,t~ry of ~lhi, f~uir~~ _ ~hat fq~, ca~~~, out ~~~ purposes 'af'" mt 'uuf'lt 'go~riior's1wl'appoint a comnnssioner of sales tax, together with 'such oilier persons 'to 'assist 'him, as lhe it' governor thinks \8t however, ''ieveial''oflcers'fbr '8li8fbtirig :the 'c!btrlit1~sicmer of sales ,tax were-ilppointed not'tjftder the said ~tlbn ~'but witlt!r'the servicerales -though these oers ~re 'lnlbl~uently"ppdfnted 'with retrospective effect by the l t governor under section 3 their a~bttments are not in accordance with that section as it does not permit any appointment with retrospective effect 2 in a writ petition filed before the delhi high court, the delhi woollen mills challenged one such appointment together with the action taken by the officer so appointed the petition is now pending before the high court the bengal finance (sales tax) (delhi validation of appointments and proceedings) ordinance, 1971, was, therefore promulgated by the president on the 18th may, 1971, to validate the appointments of the affected officers aad the proceedings taken by such oftlcers under the aforesaid bengal act and the central sales tax act, 1956 3 this bill seeks to replace the said ordinance by an act of parliament k r ganesh new delhi; the 24th may, 1971 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no' 2614171-st, dated the 27th may, 1971 from shri k r ganesh, minister of state in the ministry of finance (vitta mantralaya men rajya mantri) to the secretary, lok sabha,] the president, having been apprised of the subject matter of the bengal finance (sales tax) (delhi validation of appointments and proceedings) bill, 1971, has been pleased to recommend, in pursuance of clllute (1) of article 117 and clause (1) o~ article 274 of the constitution of india, the introduction of the bill in the lok sabha a billto validate appoinunents of certain officers under the bengal finance (sales tax) act, 1941, as in force in the union torritol'y of delhi and to validate proceedings taken by such officers under that act and the central sales tax act, 196(; [sltr; k r ganesh, minister of state in the ministry of finance (vitla mantralaya men rczjya manlri)] | Parliament_bills | d28d712b-f504-5e30-9847-be63aa466510 |
bill no 87 of 1976 the appropriation (no6) bill, 1976a bill to provide for the authorisation of appropriation of money out of it he consolidated fund cjj india to meet the amount spent on a service during the financial year ended on the 31st day of march, l1974 in excess of the amount granted for that service and for that 'lear be it enacted by parliament in the twenty-seventh year of the republic of india as follows:-1 this act may be called the appropriation (no6) act, 1976 short title issue of rs1,305 out of the consolidated fund of india to z from and out of the consolidated fund of india, the sum of one s thousand three hundred and five rupees specified in column 3 of the schedule 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 service specified in column 2 of the schedule during the financial year ended on the 31st day of march, 1974, in excess of the amount granted 10 for that service and for that year m'~t an excess expenditure for the year ended on the 31st march, 1974 appro_ priation 3 the sum 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 service and purpose expressed in the schedule in relation to the financial year ended on the 3] st day ;s of march, 1974 the schedulez 3 execs service and purpo be no of vote voted by parulmcnt 5 chareed total on the conlolidllted fund ri ri 49 police' ri revenue total 1,30j 1,305 10 i 1,301 1305 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 appro· priation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriations eharged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march, 1974 sushila rohatgi president's recommendation under article 117 of the constitution of inda[copy of letter no f5 (57) -b (se) /76, dated the 19th august, 197' from shrimati sushila rohatgi, deputy minister in the ministry of finance to the secretary-general, lok sabha] the president having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of money out of the consolidated fund of india to meet the amount spent on a service during the financial year ended on the 31st day of march, 1974, in excess of the amount granted for that service and for that year recommends under clauses (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no6) bill, 1976 in lok sabha and also recommends to lok sabha the consideration of the bill a billto provide for the authorisation of appropriation of money out of the consolidated fund of india to meet the amount spent on a service during the financial year ended on the 31st day of march, 1974 in excess of the amount granted for that 'service and for that year (shrimati sushila rohatgi, deputy minister in ole ministry of finance) | Parliament_bills | 9e84f165-0c71-5bc2-9d2f-86859e4ac1b1 |
bill no 29 of 2010 the code of criminal procedure (amendment) bill, 2010 a billfurther to amend the code of criminal procedure act, 1973be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2010short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 412 on and from the date of commencement of section 5 of the code of criminal procedure (amendment) act, 2008, in section 41 of the code of criminal procedure, 1973 [as amended by section 5 of the code of criminal procedure (amendment) act, 2008], in subsection (1), in clause (b), the following proviso shall be inserted at the end, namely:—"provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest"amendment of section 41a5 of 2009 2 of 19743 on and from the date of commencement of section 6 of the code of criminal procedure(amendment) act, 2008, in section 41a of the code of criminal procedure, 1973 [as inserted by section 6 of the code of criminal procedure (amendment) act, 2008],—(a) in sub-section (1), for the words "the police officer may", the words "the police officer shall" shall be substituted;(b) for sub-section (4), the following sub-section shall be substituted, namely:—"(4) where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice" statement of objects and reasonsin the light of objections from certain quarters to certain provisions of the code of criminal procedure (amendment) act, 2008, the said act could not be brought into force these provisions, inter alia, relate to the power of the police to arrest without warrant a reference in the matter was made to the law commission of india to take the initiative to bring about a consensus on the issues the law commission discussed the issues with all concerned including the chairperson(s) of some of the bar councils and the chairman of the bar council of india after holding consultations, the law commission recommended further amendment in the provisions of amended section 41 of the aforesaid act to make it compulsory for the police to record the reasons for making an arrest as well for not making an arrest in respect of a cognizable offence for which the maximum punishment is up to seven years the law commission also suggested further changes in the newly inserted section 41a of the code of criminal procedure act, 1973 (inserted by act 5 of 2009) to make it compulsory for the police to issue a notice in all such cases where arrest is not required to be made under clause (b) of sub-section (1) of the amended section 41 it was also suggested that the unwillingness of a person who has not been arrested to identify himself and to whom a notice has been issued under the aforesaid section 41a could be a ground for his arrest it has been decided to accept the suggestions of the law commission of india and to amend the code of criminal procedure act, 1973 as amended by the code of criminal procedure (amendment) act, 20082 the bill seeks to achieve the above objectivesnew delhi;p chidambaramthe 2nd march, 2010 annexure extracts from the code of criminal procedure, 1973(2 of 1974) chapter v arrest of persons41 (1) any police officer may without an order from a magistrate and without a warrant, arrest any person—when police may arrest without warant (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;(ii) the police officer is satisfied that such arrest is necessary—(a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer; or(e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writingnotice of appearance before police officer41a (1) the police officer may, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice (4) where such person, at any time, fails to comply with the terms of the notice, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent court ———— a bill further to amend the code of criminal procedure act, 1973————gmgipmrnd—1099ls(s5)—10-03-2010 | Parliament_bills | e034e5c1-3f70-51e5-baa6-e2c1c25a4e46 |
bill no 39 of 2012 the constitution (amendment) bill, 2012 by dr raghuvansh prasad singh, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20122 in article 171 of the constitution,—amendment of article 1715(i) in clause (3), in sub-clause (c), the words "not lower in standard than that of a secondary school," shall be omitted; and(ii) after clause (3), the following clause shall be inserted, namely:—"(3a) any law made by parliament under sub-clause (c), before the coming into force of the constitution (amendment) act, 2012 shall, to the extent that such law bars educational institutions lower in standard than that of a secondary school, be void" statement of objects and reasonslegislative councils exist in the states of andhra pradesh, bihar, uttar pradesh, maharashtra, karnataka, tamil nadu and jammu and kashmir according to article 171 of the constitution, teachers of higher secondary schools and colleges only are eligible to vote in elections to the legislative councils of those states it is ironical that the teachers of primary schools have been denied this privilege inspite of the fact that the number of primary schools in the country is very large and the number of teachers in such schools is also equally large moreover, the teachers of primary schools play a crucial role in moulding the future of the country by instilling good values in children when our constitution was being drafted, the number of government primary schools were very few in number that may be the reason for non-inclusion of teachers of primary schools as electors of legislative councilstherefore, the bill seeks to amend the constitution with a view to enable a large number of primary school teachers to vote in elections to legislative councils alongwith the teachers of higher secondary schools and colleges in order to give them a voice in elections to legislative councils the demand for the same is going on for a long time and it is high time that such a legislation is brought forthhence this billnew delhi;raghuvansh prasad singhmarch 12, 2012 annexure extract from the constitution of indiacomposition of the legislative councils171 (1)(2) (3) of the total number of members of the legislative council of a state—(a) (b) (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by parliament; ———— a billfurther to amend the constitution of india————(dr raghuvansh prasad singh, mp)gmgipmrnd—42ls(s3)—1742012 | Parliament_bills | a58d02b6-4193-5c5f-8a09-404e38d840d6 |
bill no 51 011980 the madhya pradesh appropriation bill, 1980 a billto quthori'ie payment and appropriation of certain further sums from and out oj the consolidated fund of the state of madhya pradesh for the services of the financial year 1979--80 be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 this act may be called the madhya pradesh appropriation act, short 1980 i title 5 2 from and out of the consolidated fund of the sta~ of madhya pradeab there may be paid and applied s\lm,f not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of fifty-seven crores and two thousand r~s towards defraying the several ('harges which will come in course of payment during the finan-10 cia} year 1979-80, in respect of the services specified in column 2 at the sc~ issue of rs57,oo, 02,000 out of the conaolldated fund of the state of madhya pradesh for the financial year 19'19-80 a the sums authorised to ,be paid and a'pplied fronl _out" the appropria-consolidated fund of the state of madhya pradesh by"thfs at"i :sball be tion appropriated for the services and purposes expressed in the schedule in 15 relauon to ~ said year " ----- -----------------1 , 2 3 no of vole services add purposes !i ______ s_~-~_o-t _q_cecd_in_ ____ _ i voted by i charjcd on total s parliament 1 the consolidated pund 1 ____ ----1_-------------------------rs rs i rs revenue general administration 2130000 1749,000 i revenue 563000 10 563000 19323000 29277000 46•000 2 oilier expenditure pertainina to gcnel"dl adminisr tratiod departmenl i 3 ' police i i 4 ,other expeodltarc per-i taining to home d;,partment - - ::::11 capital is 220,71000 '500000 22060000 i 11:j00 i 3500000 i i 6827000 20 revenue! 6827000 i 21000 6 i expenditure pertaining to i pidadce d~rtment - 71 expenditure pertaidid, to separate revenue and resitratiod departaaerth revcnue 1 i 8 ii l'lnd revenue and district administration revedlio i clpital "208,000 4440000 2s i 1 21000 i i i i i 41""" i 4440000 ~ooo i i ! revenue 1318000 30 i 9 i other expenditure per-; tainin, to revenue and i i o:~ rdo d,,,· revenue capital 83019000 388<4000 1318000 i i 83019000 i _~i| sums | not | axeoedin, ||---------------------------|---------------|--------------|| no | | || | 1 | || 01 | | || vote | | || s | | || -- | | || servicesaild pllrpoler' | | || voted' | | || by | | || " | | || - | | || =oa | | || total | | || parliament | the | || il1011· | | || dated | fund | || -:-l | | || b~lture | | || pertain | in, | || to | | || ri | | || ri | ri | || 10 | | || oovaraldcdt | | || d:partm=nt | | || revenue | | || 11,78000 | | || | | || lj7sooo | | || c1pital | | || 1200000 | | || ~84or,) | | || ! | | || 1200,000 | | || irription | worltj | || revenue | | || 52000 | | || 336oeo | | || clpit:\l | | || 11000 | | || 1,10,000 | , | || 721000 | | || pliblkl | work | || , | | || revenue | | || 21000 | | || | | || 11;000 | | || clpital | | || | | || i | | || 6·19000 | | || 659000 | | || 13 | | || 1 | | || 24 | | || i | | || i | | || is | | || 27 | | || education | | || revenue | | || 2000 | | || 100000 | | || 102000 | | || capital | | || 3,00000 | | || | | || 300,000 | | || , | | || 28 | | || state legislature | and | || 38 | | || ,000 | | || ! | | || bloctions | | || revenue | | || 155,158,000 | | || 66015000 | | || administration | of | justice || revenue | | || 21,10,000 | | || 1,90000 | | || 2300,000 | | || 29 | | || 20 | | || 30 : | | || bxpenditure pertaining | | || to | | || i | | || i | | || panchayat and rural | | || f | | || development | | || d"pilrt-~ | | || revel1ue | | || 3,08,98000 | | || 1 | | || 3,19,10000 | | || ment | | || 1~,uooo | | || capital | | || ,,84,000 | | || | | || 54,84000 | | || i | | || infordntion | | || and | | || publicity] | | || revenue | | || i | | || 500,000 | | || i | | || '00000 | | || tlibel | udharijan | welfare || revenue | | || i | | || 3000 | | || | | || !mi8o | | || capital | | || 4200,000 | | || | | || 4200,000 | | || social | | || wetra1'e | | || revenne | | || 4000 | | || | | || 4,000 | | || capital | | || 1',30000 | | || | | || 1530,000 | | || 30 | | || 35 | | || reha billtation | | || capital | | || 30:90000 \ | | || 3090000 | | || ; | | || 40, | | || irrisation | commlnd_areas | || 1,000 | | || \ | | || djvelopment | | || revenue | | || 1000 | | || 41 | | || ! | | || tribal areas sub-plan | | || revenue | | || i | | || ~4,35000 | | || 435000 | | || 43 | | || additional expcaditure in | | || i | | || '?s | | || scarcity arrected areas | | || revenue | | || 15,07,02000 | | || 15,07,02000 | | || ---- | | || total | | || 515,62,92000 | i | || 31 | | || 10 | | || - | | || 000 | | || 57,0002000 | | || i | | || --- | | || - | | || ------ | | || | | | stadment oj' objects and 1l&a\sohs th1i bill is introduced in pursuance of articles 2m(1) and 205 of the constitution and the proclamation issued under article 356 of the ccmatitution in respect of the state of madhya pradesh ~ the 17th februl17, 1980 to provide for the appropriation out of the ooasoltdate4 j\and of tbe state of madhya pradesh of the money, required to meet the supplementary expenditure char~ on the coiuiblidate;d fundot the state of madhya pradesh and the grants made by the lok sabha for expenditure of'the government of madhya pradesh for the financial yur 1919-80 r venkataraman president's recommendation under article 207 ·of the constitution of india[copy of letter no f 2(35)-b(s)/so dated the 12th march, 1980 from sm; or venkataraman, finance minister to the' secretary,lok: sabba) the president, having been informed oithe subject matter ot the proposed bill to authorise payment and appr()priation of certain further sums from and out of the consolidated fund of the state of madhya pradesh for the services of the year ending on the 31st dey of march, 1980, recommends under clauses (1) and (3) of article 207 of the constitution read with clause (2) of articl~ 205 thereof and the proclamation dated the 17th february, 1980, issued under article 356, the introduction of the madhya pradesh appropriation bill, 1980 in thelok sabha and also tbe consideration of the bill 2 the bul will be introduced in the lok sabha after all the supplementary demands for grants for 1979-80 have been voted a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of madhya pradesh for the services of the financial year 1979-80 (shri r venkataraman, minister of fimnce) | Parliament_bills | 1e5ea82d-0e8a-56c6-a8a7-832e15d36148 |
statement of ubjects and reasonson the basis of the experience gained in the administration of the passports act 1967, it is found necessary to amend the said act for its better administration 2 the bill proposes, inter alia,— (@) to empower the central government to prescribe the fee by rules taking into consideration the actual expenditure to be incurred in designing and preparation of the passport booklet; (6) provides for extension of validity period of passport issued for a shorter period; (c) for impounding other passports of the holder of a passport if he obtains a passport by suppression of material information, ete; (d) to enhance the punishment from six months imprisonment to two years imprisonment and from two thousand rupees to five thousand rupees fine for the offences under section 12; (e) to make a new provision providing for stringent punishment for a person who is not a citizen of india if he makes or obtains a passport by suppression of information about his nationality, etc 3 the bill seeks to achieve the above objects, new deut; the 11th august, 1992, r, l, bhatia memorandum regarding delegated legislationclause 10 seeks to amend clause (f) of sub-section (2) of section 24 of the passports act, 1967 so as to empower the central government to provide fees payable in respect of any application for issue of a passport under sub-section (1) of section 5 ; 2-the matter in respect of which rules may be made are matters of _ procedure and detail, the delegation of legislative power is thus of a -normal character, extracts from the passports act, 1967% % es e 5 (1) an application for the issue of a passport under this act: for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may ba made to the passport authority and shall be accompanied by a fee of rupees fifty applications for passports travel documents, explanation—in this section, "named foreign country" means such foreign country as the central government may, by rules made under etc, and orders thereon, this act, specify in this behalf ak % 3 renewal of pass 8 every passport shall, unless the passport authority for reasons to be recorded in writing otherwise determines in any case, be renewable ports for the same period for which the passport was originally issued and the provisions of this act (including the provisions as to fees) shall apply to the renewal of a passport as they apply to the issue thereof, 10 (1) % = (3) the passport authority may impound or cause to be impounded or revoke a passport or travel document,— variation, impounding and revocation of passports and travel documents appeals 101) % (4) every appeal under this section shall be made by a petition in writing and shall be accompanied by a copy of the statement of the reasons for the order appealed against where such copy has been furnished to the appellant and by such fee (if any) not exceeding rupees twentyfive as may be prescribed k 1 12 (1) whoever—(a) contravenes the provisions of section 3; or offences and_ penalties (6) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or (c) fails to produce for inspection his passport or travel document (whether issued under this act or not) when called upon to do so by the prescribed authority; or (d) knowingly uses a passport or travel document issued to another person; or annexure(15 of 1967) aie st knowingly allows another person to use a passport or travel document issued to him; shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend te two thousand rupees or with both (2) whoever abets any offence punishable under sub-section (1) shall, if the act abetted is committed in consequences of the abetment, be punishable with punishment provided in that sub-section for that offence, 13 (1) any officer of customs empowered by a general or special order of the central government in this behalf and any officer of police not below: the rank of a sub-inspeetor may arrest without warrant any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12 and shall, as soon as may be, inform him of the grounds for such arrest 14, (1) any officer of customs empowered by a general or special order of the central government in this behalf and any officer of police not below the rank of a sub-inspector may search any place and seize any passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishabla under section 12, 18, notwithstanding anything contained in this act, where a person has applied for a passport, or an endorsement on his passport, for visiting a foreign country for the purpose of emigrating to such country, the passport shall not be issued to such person or, as the case may be, the endorsement shall not be made on his passport, for visiting such country if he is not permitted to emigrate, or is prohibited from emigrating, ito such country by or under the provisions of the emigration act, 1922 explanation—for the purposes of this section, "emigrate" and "emigration" shall have the meanings assigned to those expressions under clause (c) of sub-section (1) of section 2 of the emigration act, 1922 23 the provisions of this act shall be in addition to and not in derogation of the provisions of the passport (entry into india) act, 1920, the emigration act, 1922, the registration of foreigners act, 1939, the foreigners act, 1946, the trading with the enemy (continuance of emergency provisions) act, 1947 the foreigners law (application and amendment) act, 1962, the foreign exchange regulation act, 1973 and other enactments relating to foreigners and foreign exchange 24 (1) (2) in particular, and without prejudice to the generality of the passports, ete, not to be issued to persons cannot under 1922 | act | to ||----------|---------|| be | in || addition | || to | certain || enact- | || ments | || power | to || make | || rules, | |foregoing power, such rules may provide for all or any of the following matters, namely: - | | | | | ||------|------|------|------|------|(f) the fees payable in respect of any application for the issue or renewal of a passport for visiting a foreign country referred to in sub-section (1a) of section 5 or travel document or for verying any endorsement or making a fresh endorsement on a passport or a, travel document and the fees payable in respect of any appeal under this act; | | | « ||-------|------|------|| ord, | 4 | of || 1967 | | |26 (1) every passport and every travel document issued by or under § the authority of the central government before the commencement of the passports ordinance, 1967 and in force immediately before such commencement shall be deemed to have been issued under this act and shall, subject to the provisions of this act, continue in force— (a) for the unexpired portion of the period for which such passport or travel] document had been issued; or (b) for a period of five years from such commencement; whichever is shorter (2) all applications for the issue or renewal of, the making of an endorsement on, or the performance of any service in relation to, a passport or travel document made to the central government or to any officer or authority appointed by that government in that behalf before the 5th may, 1967 and pending before the commencement of this act shall, after such commencement, be disposed of in aenordanke with the proviniola of this act | Parliament_bills | 002b6bf2-464e-50db-a294-0610b44ad2da |
bill no cxiv of 2005 the palm industry workers welfare bill, 2005 a billto provide for welfare of palm industry workers and for matters connected therewithbe it enacted by parliament in the fifty-sixth year of the republic of india as follows:—1 (1) this act may be called the palm industry workers welfare act, 2005(2) it shall come into force at onceshort title and commencementdefinitions2 in this act, unless the context otherwise requires:—5(i) 'palm industry' means and includes all processes connected with produceobtained from palm tree, including manufacture and trading and also connected with palm oil, whether used as a commodity or an item of handicraft or daily use and whether used for domestic consumption or for export purposes;(ii) 'prescribed' means prescribed by rules made under the act; (iii) 'worker' means any worker connected with palm industry103 (1) the central government shall by notification in the official gazette, set up a palm industry workers welfare fundpalm industry workers welfare fund(2) the fund shall be administered by a board of trust comprising:—(a) a chairman, who possesses adequate knowledge in palm industry, to be appointed by the central government;5(b) three other members to be nominated by the government of the states where palm trees are grown in abundance;(c) a representative of the palm industry workers(3) the fund shall consist of contribution from central government, state governments, donations and contributions received from employers10(4) every state government or a union territory shall conduct a survey of palm industry workers in the state and send the information to the central government4 the fund shall be utilised for the following purposes:—utilisationof the fund(i) education of children of palm industry workers; (ii) investment of a prescribed amount in case a worker decides to set up his ownestablishment connected with the palm industry;(iii) healthcare for palm industry workers and their families;15(iv) concessional accommodation facilities;(v) disability allowance if a worker meets with accidents during work; (vi) old age pension to be payable after sixty years of age; (vii) insurance premium for life insurance of palm industry workers; (viii) family pension after the death of a worker20power to make rules5 the central government may, by notification in the gazette, make rules for carrying out the purposes of this act statement of objects and reasonspalm industry workers come under unorganised sector they live in distress conditionstheir working conditions are not safe and prone to accidents palm trees grow in abundance in certain states like tamil nadu tamil nadu was the first state to set up a board for the welfare of palm workers after they become unfit to work further, they suffer a lot no social security provision is available for themtherefore, it is proposed to constitute a fund for their welfare hence this billc perumal financial memorandumthe bill, if enacted will involve expenditure from the consolidated fund of india in respect of setting up of a fund for the welfare of palm industry workers under clause 3 it is likely that an annual recurring expenditure of about rupees one hundred crore will be involveda non-recurring expenditure of about rupees ten crores also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of the act the rules will relate to matters of detail only and as such the delegation of legislative powers is of a normal character rajya sabha———— a billto provide for welfare of palm industry workers and for matters connected therewith————(shri cperumal, mp)mgipmrnd—5396rs(s4)—17-02-2006 | Parliament_bills | a4c08668-438a-5f15-8c24-e26dd133f745 |
the constitution (sixth amendment) bill, 1955(as intr:>duced in lolc sabha\) 1955 (as introduced in lok sabha)5 a bill further to amend the constitution of india be it enacted by parliament in the sixth year of the republic of india as follows:-1 this act may be called the constitution (sixth amendment) short title act, 1955 2 in article 216 of the constitution, the proviso shall be omitted am f en:dm1 ent o artlc e :u6 3 in article 217 of the constitution, in clause (1), for the words amendment "shall hold office until he attains the age of sixty years", the follow- ~~;rtjcle ing words and figures shall be substituted, namely:-10 is "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 years" 4 for article 220 of the constitution, the following article shall substitutio~ - of new art!-be substituted, namely: -cle for article 220 "220 no person who, after the commencement of this consti-restriction tution, has held office as a permanent judge of a high court shall ~fter b~:ce plead or act in any court or before any authority in india except permanent a the supreme court and the other high courts" judge j 20 5 for article 224 of the constitution, the following article shall subatituticn b b t't t d 1 of new artie su s 1 u e ,name y-cle for article 224 //224 (1) if by reason of any temporary increase in the busi- appointness of a high court or by reason of arrears of work therein, it :~~~!al appears to the president that the number of the judges of that and acting court should be for the time being increased, the president may judges appoint duly qualified persons to be additional judges of the court for such period not exceeding two years as he may specify (2) when any judge of a high court other than the chief justice is by reason of absence or for any other reason unable to perform th~ duties of his office or is appointed to act temporarily 5 as chief justice, the president may appoint a duly qualified person to act as a judge of that court until the permanent judge has resumed his duties" inlertion of 6 after article 258 of the constitution, the following article shall new arucle d i 2s8a be mserte , name y:-10 power ofthe "258a notwithstanding anything in this constitution, the states to governor or rajpramukh of a state may, with the consent of the ~ro~~~; government of india, entrust either conditionally or uncondition-union or ita ally to that government or to its officers functions in relation to oflicen any matter to which the executive power of the state extends" is sfubltituti~ 7 for article 298 of the constitution, the following article shall o new artl- de for article be substituted, namely:-298 power to carry on trade or bulincu etc "298 the executive power of the union and of each state shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of 20 contracts for any purpose: provided that-(a) the said executive power of the union shall, in so far as such trade or business or such purpose is not one with respect to which parliament may make laws, be subject in 25 each state to legislation by the state; and (b) the said executive power of each state shall, in so far as such trade or business or such purpose is not one with respect to which the state legislature may make laws, be subject to legislation by parliament" 30 amendment 8 in the second schedule to the constitution, in paragraph 10, 3!coad r~ to sub-paragraph (1), the following proviso shall be added, namely:-dulc • "provided that if a judge of any such high court at the time of his appointment is in receipt of a pension (other than a disabilit} or wound pension) in respect of any previous service 35 under th:! government of india or any of its predecessor govern" ments or under the government of a state or any of its predecessor governments, his salary in respect of service in the high court shall be reduced by the amount of that pension" 9 in each of the following provisions of the namely:-(i) article 49 (ii) entry 67 of the union list, (iii) entry 12 of the state list, and constitution, amendment of certain proviaions relatin to ancient and hiltorical monumenta, etc s(iv) enj,ry 40 of the concurrent list, for the words "declared by parliament by law", the words "declared by or under law made by parliament" shall be substituted 10 in the seventh schedule to the constitution, entry 33 of the ~o:::~c::~~: 10 unbn list and entry 36 of the state list shall be omitted and for the lilts reentry 42 of the concurrent list, the following entry shall be substi- ~~~~rition to tuted namely: -and requili-, ' tioning of "42 acquisition and requisitioning of propety" property 11 in the seventh schedule to th~~~itution, in entry 24 of the 1mendment is state list, for the word and figunes "efitty- 52", the words and figures ~f se~:!ti!t "entries 7 and 52" shall be substitut~ statement of objects and reasonsthis bill seeks to amend certain provisions of the constitution relating to the high courts and high court judges, the executive power of the union and the states, and a few entries in the legislative lists clauses 2 to 5-as regards the high courts, the main amendments proposed are in clauses 4 and 5 of the bill an important factor affecting the selection of high court judges from the bar is the total prohibition contained in article 220 of the constitution on practice after retirement it is proposed to relax this complete ban and permit a retired judge to practise in the supreme court and in any high court other than the one in which he was a permanent judge the provision in article 224 for recalling retired judges to function on the bench for short periods has been found to be neither adequate nor satisfactory it is therefore proposed in clause 5 to replace this article by a provision for the appointment of additional judges to clear off arears and for the appointment of acting judges in temporary vacancies the amendments of articles 216 and 217 proposed in clauses 2 and 3 of the bill are more or less consequential clause 6-while the president is empowered by article 258(1) to entrust union functions to a state government or its officers, there is no corresponding provision enabling the governor or rajpramukh of a'state to entrust state functions to the central government or its officers this lacuna has been found to be of practical consequence in connection with the execution of certain development projects in the states it is proposed to fill the lacuna by a new article 258a clause 7-in this clause it is proposed to revise and amplify the scope of article 298, mainly to make it clear that the union government, as well as the state governments, are competent to carryon any commercial or industrial undertaking, whether or not it is related to a matter within the legislative competence of the union or, as the case may be, of the state similarly, the holding, acquisition and disposal of property and the making of contracts by the union or a state could be for any purpose without constitutional impropriety at the same time, the revised article provides that this extended executive power of the union and of the states will be subject, in the fonner case, to legislation by the state, and in the latter case, to legislation by the union clause 8-a minor amendment to paragraph 10 of the second schedule relating to the salaries of high court judges in part a states is proposed in this clause sometimes it becomes necessary to appoint a retired district judge as a judge of a high court in the absence of a legal provision for withholding the pension due to such a judge, it has been the practice to obtain from him an undertaking that he would not claim the pension for the period for which he serves as a high court judge since this is obviously unsatisfactory, it is proposed to add a proviso to paragraph 10 (1) of the second schedule on the same lines as the proviso to paragraph 9 (1) thereof regulating the salary of a judge of the supreme court in similar circumstances; clause 9-entry 67 of the union list refers to "ancient and historical monuments and records, and arch~ological sites and remains, declared by parliament by law to be of national importance" a large number of ancient monuments, arch~ological sites, etc, have been declared to be of national importance by an act of parliament it requires another act of parliament to make the slightest alteration in, or addition to, the lists in that act, which seems to be an unduly cumbrous procedure it is, therefore, proposed to amend the entry substituting for the words "declared by parliament by law", the words "declared by or under law made by parliament" the same amendment is also proposed to be made in the co~ected provisions, entry 12 of the state list, entry 40 of the concurrent list and article 49 clause 10-the existence of three entries in the legislative lists (33 of list i, 36 of list ii and 42 of list iii) relating to the essentially single subject of acquisition and requisitioning of property by the government gives rise to unnecessary technical difficulties in legislation in order to avoid these difficulties and simplify the constitutional position, it is proposed to omit the entries in the union and state list and replace the entry in the concurrent list by a eomprehensive entry covering the whole subject clause n-although the union list has two entries, 7 and 52, relating to industries, the latter alone is referred to in entry 24 of list ii the omission of entry 7 of list i appears to be due to an oversight and is sought to be rectified in this clause new delhi; c c biswas the 18th november, 1955 extracts from the constitution of india - • - • - • part ivdirective principles of state policy - - - - - - protection of 49 it shall be the obligation of the state to protect every monu-:':f;i::atl ment or place or object of artistic or historic interest, declared by and objects parliament by law to be of national importance, from spoliation, i!po~~:~:~ disfigurement, destruction, removal, disposal or export, as the case may be - - - - - - part vi the states in part a of the first schedule - • - • - •constitution 216 every high court shall consist of a chief justice and such of high other judges as the president may from time to time deem it neces-courts sary to appoint: provided that the judges so appointed shall at no time exceed in number such maximum number as the president may, from time to time, by order fix in relation to that court appoinbnent 217 (1) every judge of a high court shall be appointed by the and contiili president by warrant under his hand and seal after consultation with ~:ti~ ~f : the chief justice of india, the governor of the state, and, in the 11-: cf a case of appointment of a judge other than the chief justice, the i ourt chief justice of the high court and shall hold office until he attains the age of sixty years: provided that--(a) a judge may, by writing under his hand addressed to the president, resign his office; "" (b) a judge may be rem<wed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court; (c) the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india - - - - - - 220 no person who has held office as a judge of a high court prohibit!op after the commencement of this constitution shall plead or act "in r! ~~~c:::i~~ any court or before any authority within the territory of india before any authority by - - - - - - judges 224 notwithstanding anything in this chapter, the chief justice attenda~ce of a high court for any state may at any time, with the previous j~dge~tjre:r consent of the president, request any person who has held the office ~~~g8 of of a judge of that court or of any other high court to sit and act as ig courts a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president ii¥ly by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that high court: provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that high court unless he consents so to do - - - - - - part xi relations between the union and the states - - - - - - 258 (1) notwithstanding anything in this constitution, the prest- power of the dent may, with the consent of the government of a state, entrust ~~f'e~ to poeither conditionally or unconditionally to that government or to its wers, etc, officers functions in relation to any matter to which the executive ~~~::: power of the union extends - - - - - - part xii finance, property, contracts and suits - - - - - 298 (1) the executive power of the union and of each state power to shall extend, subject to any law made by the approp"iate legisla- ~~~ty ture, to the grant, sale, disposition or mortgage of any property held for the purpose of the union or of such state, as the case may be, and to the purchase or acquisition of property for those purposes respectively, and to the making of contracts (2) all property acquired for the purposes of the union or of a state shall v~t in the union or in such state, as the case may be - - - - - - second schedule - • - • partd provisions as to the judges of the supreme court and of the high courts in states in part a of the first schedule - • - • •9 (1) there shall be paid to the judges of the supreme court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:-the chief justice any other judge rs 5,000 4,000 provided that if a judge of the supreme court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or any of its predecessor governments, his salary in respect of service in the supreme court shall be reduced by the amount of that pension - - - - - 10 (1) there shall be paid to the judges of the high court of each- state specified in part a of the first schedule, in respect of time spent on actual service, salary at the following rates per mensern, that is to say:-rs 4,000 3,500 the chief justice any other judge - - - - seventh schedule - • - list i-union list - • - •7 industries declared by parliament by law to be necessary for the purpose :of defence or for the prosecution of war - - - - - 33 acquisition or requisitioning of property for the purposes of the union - - - - - 52 industries, the control of which by the union is declared by parliament by law to be expedient in the public interest - - - - - 67 ancient and historical monuments and records, and archeologicat sites and remains, declared by parliament by law to be of national importance - - - - - list u-state list - - - - - 12 libraries, museums and other similar institutions controlled or financed by the state; ancient and historical monuments and records other than those declared by parliament by law to be of national importance - - - - - 24 industries subject to the provisions of entry 52 of list i - - - - - 36 acquisition or requisitioning of property, except for the purposes of the union, subject to the provisions of entry 42 of list iii - - - - - list m-concurrent list - - - - - 40 archeological sites and remains other than those declared" by parliament by law to be of national importance - - - - - 42 principles on which compensation for property acquired or requisitioned for the purposes of the union or of a state or for any other public purpose is to be determined, and the form and the manner in which such compensation is to be given - - - - lok sabhaa bill further to amend the constitution of india (shri c c bimjas, minister oj lard) | Parliament_bills | d4bf9222-d8d8-547e-b999-7d082b0c850f |
bill no 199 of 1985 the spicf s cess bill 1965 a billto provide fot imposition of cess on a~l spices which are exported fot the purposes of carrying out measures fot the development of export of spices be it enacted by parliament in the thirty-sixth year of tire republic of india as follows:-1 (1) this act may be called the spices cess act, 1965 (2) it shall extend to th~ 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 short tille extent and commencement 2 in this act, unless the ('on text otherwise requires,-definitions (a) "board" means the spices board constituted under subsection (1) of section 3 of the spices board act, 1985; 10 (b) "prescribed" means prescribed by rules made under this act; and (c) "spices" means the spices specified in the schedule to the $pice~ ioard act, 1985 levy and collection of cess 3 (1) there shall be levied and collected by way of cess for the purpose of the spices board act, 1985, a duty of c toms on spices at such rate not exceeding five pl'r cellt ad valorem, as the central government may, from time to time, specify by notification in the oftlcial gazette (2) the duty of customs levied under sub-section (1) shall be in addi-5 tiq,1l to the duty of customs leviable on spices under the customs ad, 52 ot 1962 1962, or oily other law for the time being in force (3) the provildolls of the customs act, 1962, and the rules and regu-52 of 19112 lations made therc~ndel', including those relatable to refund and exemption of duty, shall, foo far as may be, apply in relation to levy and 10 collecii"n of the said duty of custollul as they apply in relation to the levy and collection of the duty of customs on spices under that act (4) the proceeds of tbe duty of eusitoms levied under sub-section (:1) of seetion 3 shall ftnt be credited to the conaouda'ted fund of lddia anel the central government may, if parliement, by appropriation made by 15 law in this behalf 80 provides, pay to the board from time to time, from out of such proceeds (after deduding the cost of collection) sum sums of money as it may think fit for being utilised lor the purposes of the spices board ad, 1985 4 the board may require any exporter of spices to furnish for the qo purposes of this act, such statistical and other information in such form and within such period as may be prescribed power to call reports and returns 5 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act power to make rules (2) in particular and without prejudice to the generality of the forego- 25 ing power, such rules may provide for the form in which and the period within which statistical and other information may be furnished to the board under section 4 (3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, wliile it is in session, 30 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 tlie rule or both houses agree that the rule should not be made, the rule shall thereafter have 35 effect only in such modified form or be of no e1fect, as the case may be; so, however, that any such modiftcation or annulment shall be without preju1iicc to the vahcuty of anything previously uolie uncler that rule statement of objects and reasonsthis bill is complementary to the spices board bill 1985 the spices board bill, 1985 seeks to provide for the establishment of a board to be called the spices board for the control of the cardamom industry and for the promotion of the ell-port of cardamom and other spices in order to ensure that the said board has necessary resoul'ces to discharge its functions, thi" bill seeks to provide for the levy by way of a cess of a duty of customs on all the spices specified in the schedule to the spices board bill which are exported the intention is to make over, after due appropriation by parliament by law, the proceeds of the cess, to the said board 2 this bill seeks to achieve the above objectives new delhi; arjun singh the 25th novembjer, 1985 presidents rec014menda tion under articl,e 117 of the constitution of india[copy of letter no 111~/84-ep ('agri iii), dated the 26th november, 1985 from shri arjun singh, minister of commerce to the seeretary-general, lot saeha] the president, having been informed of the subject matter of the spices cess bill, 1985 recommends under clause (1) of article 117 of the constitution of india, the introduction of the bdl in lok sabha and under clause (3) of article 117, the consideratiaq of the said bill in lok sabha with a vicw to ensuring that the spices board to be established under the spices board, bill 1985, has necessary resources to discharge its functions, he bill seeks to provide for the levy, by way of cess, of a duty of cuo;toms on spices specified in the schedule to the spices board bill, 1985, at such rate not exceeding five per cent ad valorem as the central government may, by notificationin the ofticial gazette, specify 2 the proceeds of the above-mentioned cess will be paid into the consolidated fund of india the central government may, if parliament, by appropriation jrade by law in this behalf, so provides, pay to the board, from time to time, from out of such proceeds (after deducting the cost of collection) such sums of money as it may think fit 3 the collection of the above-mentioned cess will involve some expenditure from the consolidated fund of india it has not been possible at this stage to estimate the amount of such expenditure as that will depend upon varil)us contingencies such as the rate at which the cess may be levied, the quality and quantity of spices which may be exported, etc however, it "is tentatively estimated: that the collection of the cess would be about rs 250 lakhs per annum on an average the expenses of collection would on this basis came to about rs five; lakhs as only the balance of the proceeds, after deducting the cost of the collection, may be utilized for making payment to the board, there will, in effect, be no net out-go from the consolidated fund of india 4 the expenditure on the collection of cess will be of a recurring nature and the bill does not involve any other expenditure whether of il recurring or non-r~curring nature , clause 5 of the bill seeks to empower the central government to make rules for carrying out the provisions of the proposed legislation the matters with respect to which rules may be made relate to the form in which and the period within which statistical and other information may be called for and other matters of detail 2 the delegation of legislative power is, therefore, of a normal character a billto provide for imposition of cess on all spices which are exported for the purposes of carrying out measures for the development of export of spice~ (shri arj1tn singh, ~nfder of commerce) | Parliament_bills | bd29ff2a-112a-502a-bda0-66754976accb |
the finance bill, 1957(as introduced in lolt sabha) the finance bill, 1957 (as introduced in lok sabra) a bill to continue for the financial year 1957-58 the existing rates of income-tax and super-tax, other than super-tax on com- panies for which provision is made in section 8 of the finance (no3) act, 1956, and the existing additional duties of customs and excise, and to provide for the con- tinuance of certain commitments under the general agreement on tariffs and trade and the discontinuance of the duty on salt for the said year be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the finance act, 1957 short title 2 the provisions of section 2 of, and the" first schedule to, the inc::od1c-ta iii 11/1956 s finance act, 1956, shall apply in relation to income-tax and super- ~ iupep tax for the financial year 1957-e: as they apply in relation to income-[0 "'7 of 1956 tax and super-tax for the financial year 1956-57, with the modification that-(i) in section 2, for the figures "1955", "1956" and "1957", wherever they occur, the figures "1956", "1957" and "1958" shall respectively be substituted; (ii) the rates of super-tax 9n companies shall be !egulated by section 8 of the finance (no3) act, 1956, and not by paragraph d of part ii of the first schedule above referred to t i of 1922 is 3 in the indian incomtax act, 1922, section 36 shall be <mitted omission of iec:don 36 amendment 4 hi the indian tariff (amendment) act, 1949, in sections 4 and 5, of soctiod~ 4 for the figures "1957" the figures "1958" shall be substituted and s ' 18 of 1956 additioml 5 the provisions of sections 81 and 87 of, and the third and fourth duties of d schedules to, the finance act, 1956, shall continue in force up to the custom 1ft escise 31st day of march, 1958, and accordingly in each of the said sections, s for the figures "1957", the figures "1958" shall be suj)stituted 1 of 1944 32 of 1934 discodtinu-6 for the year beginning on the 1st day of april, 1957, no duty :stice iii salt under the central excises and salt act, 1944, or the indian tarift uty act, 1934, shall be levied in respect of salt manufactlll'ed in, or imported into, india 10 statement of objects and reasonsgovernment do not at present intend to make any changes in the existing tax structure in relation to the next financial yeat" the object of this simple bill is to ensure the levy of income-tax and super-tax and the additional duties of customs and excise for that year at the rates at which they are now being levied under the finance act, 1956, subject to the modification that the rates of supertax on companies shall be as laid down ill the finance (no3) act, 1956 2 clause 2 continues the existing rates of income-tax and supertax other than super-tax on companies which will be regulated by the finance (no3) act, 1956 3 clause 3 omits section 36 of the indian income-tax act, h122, which deals with the rounding off of fractions of an anna, as the matter will be regulated on and from the 1st of april, 1957, by section 14 of the indian coinage act, 1906" 4 clause 4 seeks to maintain for another year the status quo in regard to commitments under the general agreement on tariffs and trade 5 clause 5 will have the effect of continuing for another year the existing additional dut:es of customs and excise on certain gt)ocls chargeable to duty under the first schedule to the indian tariff act, 1934, or the central excises and salt act, 1944 6 clause 6, like section 38 of the finance act, 1956, provides that salt shall be duty-free for" another year new dam:; t: t" krishnamacharj the 19th march, 19~7 billto continue for the financial year 1957-58 the existing rates of 'income-tax and super-tax, other than super-tax on companies for which provision is made in section 8 of the finance (no3) act, 1956, and the existing additional duties of customs and excise, and to provide for the continuance of certain commitments under the general agreement on tariffs and trade and the discontinuance of the duty on salt for the said year the president has, in pursuance of clauses (i) and (3) of article ii7 and clause (1) of article 274 of the constitution of india recommended to lok sabha, the introuuction and consideration of the bill m n kaul, secretary (smi t t krishnamachari, minister for finance) | Parliament_bills | 6a75847b-7d89-5a0e-a9b6-eff52a617a12 |
, i bill no 89 of 1919 the union duties of excise (electricity) distribution bill, 1979 a billto provide for the payment out of the consolidated fund of india of sums equivalent to the net proceeds of union duties of excise on elet:tricity to the states to which the law imposing the duty extends and for the distribution of those sums among tho 'ie states in accordance with the recommendations of the finance commission in its report dated the 28th day of october, 1978 be it enacted by parliament in the thirtieth year of the republic of india as follows:-1 (1) this act may be called the unic;m duties of excise (electricity) distribution act, 1979 5 (2) it shall be deemed to have com~ into force on the 1st day of april, 1979 short title and commence ment detlni tion 1 of 1944 2 in this act, the expression "distributable union duties of excise on electricity" means the net proceeds of union duties of excise on electricity levied and collected, other than in union territories, under the central 10 excises and salt act, 1944 and any other law for the levy and collection of such d'uty, unless the law earmarks the proceeds of the duty for any special purpose explanation-the expres sion "!let proceeds" has the same meaning 1l& in clause (1) of article 27f', of tb e constitution payment 3 during the financial year commencing on the 1st day of april, to states 1979 and each of the four succeeding f!nanc::iai years there shall be paid, of sums out of the consolidated fund of india, to the states sums equivalent to equivathe distributable union duties of exdse on electricity levied and collected lent to in that year and those sums shan be distributed to each of the states sped- 5 the net fied in column (i) of the table below in su~h percentage aa i, aet out proceeds alainst it in column (~) for the respective year ;-of union duties of excise on electricity and distripution of the sums among them -(i) (~) state percentage -| 1979-80 | 1980-81 | 1981-12 ||-------------|------------|------------|| '1-83 | | || 1983-84 | | || andhra | pradesh | || 7 | | || 82 | | || 8·71 | 9 | || 15 | | || 8·92 | | || 8,5 | 8 | || assam | | || 07 | | || 2 | 09 | || 2 | | || 1·37 | | || 1·49 | | || 14 | | || 1 | | || biller | ;, | || 688 | | || 666 | | || 680 | | || 6·55 | | || 664 | | || gu,arat! | | || 7·67 | | || 75 | | || 0 | | || 7·77 | | || 7·49 | 7·33 | || 15 | | || baryana | | || 3·n | | || 3·30 | | || 289 | | || 29 | | || 1 | | || 2" | | || bimachal | pradesh | || | | || 0" | | || 0·73 | | || 0'7~ | | || 07 | | || 2 | | || 07 | | || 1 | | || jammu | and | kashmir || 0·90 | 0·79 | || 0·78 | | || 086 | | || 100 | | || karnataka | | || 7 | | || 05 | | || 7·24 | | || 7 | | || 10 | | || 67 | | || 0 | | || 6,4 | 6 | || kerala | | || 4 | | || 20 | | || 3·77 | | || 3·53 | | || 35 | | || 8 | 3 | || 62 | | || 20 | | || madhya | pradesh | || 5·47 | | || 5 | | || 86 | | || 613 | | || 609 | | || 598 | | || maharashtra | | || 13·26 | | || 13·34 | | || 13 | | || fi9 | | || 142 | | || 4 | | || 144 | | || 8 | | || manipur | | || 001 | | || 005 | 007 | || 008 | | || 009 | | || meghalaya | | || 029 | | || 026 | | || 023 | | || 022 | | || 022 | | || nagaland | | || 007 | | || 008 | | || 008 | | || 009 | | || 0·09 | | || 25 | | || orissa | | || 37 | | || 0 | | || 3·54 | | || 37 | | || 6 | | || 4 | | || 01 | | || 3·89' | | || punjab | | || 5·90 | | || 5·55 | | || 5 | | || 10 | | || 5 | | || 00 | | || 506, | | || rajasthan | | || 3·97 | | || 3 | | || 62 | | || 3·55 | | || 34 | | || 0 | | || 34 | | || 6 | | || tamu | nadu | || 7 | | || 25 | | || 7·28 | 6·93 | || 665 | | || 63 | | || 8 | | || tripura | | || 004 | | || 805 | | || • | 05 | || 005 | | || 006 | | || 3 | | || 0 | | || uttar | prade'h | || 1228 | | || 12·4 | | || q | | || 114 | | || 0 | | || 115 | | || 1 | | || 1187 | | || west | | || boil | ••• | || 8'5:a | | || 8,45 | 8·90 | || '·44 | | || 9 | | || 68 | | || ~- | | || ,~ | | || | | || --_ | | || | | |i 4 the expenditure on the payments in pursuance of section 3 shall be charged on the consolidated fund of india payment to be charged on the cqnsolidated fund of india power to make rules 5 (1) the central government may, by notification in the official gazette, make rujes providing for the time at which and the manper in 5 which, any payments under this act are to be made, for the making of adjustments between 0112 financial year and another and for any other incid;,:n~'1 or ancillary matters (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, 10 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 a,ny modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter 15 have effect only in such modified form or be of no effect, as the case may be; 80, however, that any such modification or annulment shall be without prejudice to the validity of anything previouaiv done under that rule statement of objects and reasonsduring each of the financial year from 1974-75 to 1978-79, based on the recommendations of the sixth finance commission, a sum equivalent to twenty per ce'nt of the annual net proceeds of union duties of excise, excluding cesses levied under special acts and earmarked for special purposes, was paid to the states and distributed among them in the percentages which that commission had recommended, the seventh finance commissiop, in its report 1978, recommended that- (i) forty per cent of the net proceeds of union duties of excise, other than on generation of electricity, jevied and collected during each of the years 1979-80 to 1983-84, excluding cesses levied under special acts and earmarked for special purposes, should be paid out of the consolidated fund of india to the states and distributed among them in the percentages recommended by the commissio'n; and (ii) during each of the years 1979-80 to 1983-84, the net proceeds of the union duties of excise on generation of electricity should be paid out of the consolidated fund of india to each state in an amount equal to the collection in or attributable to that state the union duties of excise (distribution) act, 1979, to give effect to item (i) of the above recommendation of the commission, has already been enacted by parliament in may, 1979, in making its recommendation at item (ii) above, the seventh finance commission had ailso taken note of the state-wise estimates of revenues, net of cost of collection, from union duty of excise on electricity, in each of the five years from 1979-80 to 1983-84, based on the anticipated energy availability in each state as contained in the tenth annual power survey the bill, which seeks to give effect to item (ii) of the above recommendation, provides for the distribution of the net proceeds of the duty among the states in the same percentages, in the respective year, as the commission had relied upon charan singh new delhi; the 20th june 1979 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f, 10 (6) -b (s) /79, dated the 30th june, 1979 from shri satish agarwal, minister of state in the ministry of finance to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to provide for payment out of the consolidated fund of india of sums equivalent to the net proceeds of union duties of excise on electricity to the states to which the law imposing the duty extends and for the distribution of those sums among those states in accordance with the recommendations of the finance commission, in its report dated the 28th day of october, 1978, recommends under clause (1) and (3) of article t'17 and clause (1) of article 274 of the constitution, the introduction of the union duties of excise (electricity) distribution bill, 1979, in llk sabha and also the consideration of the bill "'--- financial memorandumclause 3 of the bill provides for payment to the states of the net proceeds of union duties of excise levied and collected on generation of electricity, othtr than in union territories, during the financial year commencing on the 1st day of april, 1979 and each of the four succeeding financial years the seventh finance commission, whose recommendation in this regard is intended to be given effect to by this bill, estimated the payment to the states at rs 114588 crores d'uring the five years 1979-80 to 1983-84 the bill does not involve any non-recurring expenditure clause 5 of the bill empowers the central government to make rules in respect of matters specified therein they relate to the time at which and the manner in which any payments are to be made to th' states, for the 'makirrg of 'adjustments between one financial year and another and for any other incidental or ancillary matters the matters in respect of which the rules may be made are of a routine and administrative character 2 the deleglftion ot legislative power is thus of a normal character a billto provide for the payment out of the consolidated fund of india of sums equivalent to the net proceeds of union duties of excise on electricity to the states to which the law imposing the duty extends and for the distribution of those sums among those states in accordance with the recommendations of the finance commission, in its report dated the 28th day of october, 1978 (shri charan singh, deputy prime minister and mini8t~t pi finance) | Parliament_bills | 3dcf1af7-ece4-5b23-b75e-659fce03141a |
explanation 1a person shall be deemed to be of indian origin if— i @® he, or either of his parents or any of his grand-parents, was a citizen of india by virtue of the constitution or the citizenship act, 1955; or, (i) he at any time, held an indian passport: provided that the nationals of pakistan or bangladesh shall not be deemed to be of indian origin explanation 2—a spouse, (not being a national of pakistan or bangladesh) of a person of indian origin shal] also be deemed to be 10 of indian origin; i (c) "overseas corporate body" means any institution, association or body, whether incorporated or not, established under the laws of @ country outside india wherein any non-resident indian has any interest; (4) all other words and expressions used in this chapter but not defined and defined in the foreign exchange regulation act, 1973, shall have the meanings tespectively assigned to them in that 46 of 1973 act | ( the scheme notified under 20 as soon as may be after it is noti- (2) 'the central govermnent shall cause clause (a) of sub-section (1) to be laid, fied, before each house of parliament immunities 6 (1) notwithstanding anything contained in the wealth-tax act, 97 of 1957, 1957, the gift-tax act, 1958, the income-tax act, 1961, the foreign 18 of 1958, exchange regulation act, 1973 and the foreign contribution (regula- 25 43 of 1961, tion) act, 1976— 46 of 1973, 49 of 1976 (a) no non-resident indian or overseas corporate body who or which owns the foreign exchange bonds or any person resident in india to whom a gift of such bonds has been made by such no) resident indian or overseas corporate body, shall be required to 30 disclose, for any purpose whatsoever, the nature and source of the investment in such bonds; (6) no inquiry or investigation shall be commenced against any of the persons referred to in clause (a) under any of the said acts on the ground that such person owns such bonds; 35 (c) the fact that any of the persons referred to in clause (a) owns such bonds shall not be taken into account und shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any of the said acts, (2) nothing in sub-section (1) shall apply to foreign exchange which 40 is required to be brought into india under any of the provisions of— (i) the foreign exchange regulation act, 1973; or 46 of 1973 (ii) the income-tax act, 1961, read with the foreign exchange 43 of 1961, regulation act, 1973, | 46 of 1973any other authority, such extended period has not expired on the date of commencement of this act foreign 7 without prejudice to the generality of the provisions of section (a) the provisions of the income-tax act, 1961 shall not apply to any interest accruing in relation to the foreign exchange bonds: (b) the provisions of the wealth-tax act, 1957 shall not apply in relation to the foreign exchange bonds; bonds not to be taken into account, in certain cases,(c) the provisions of the gift-tax act, 1958 shall not apply where any non-resident indian becomes a_ resident in india and makes a gift of the foreign exchange bonds statement of objects and reasonsthe present position relating to balance of payments has become difficult and it has become necessary to attract larger inflow of foreign exchange in order to encourage such inflow of foreign exchange, it is proposed to allow— (a) remittances of foreign exchange to persons resident in india; and (0) the state bank of india to issue foreign exchange bonds to non-resident indians and overseas corporate bodies wherein nonresident indians have any interest, in accordance with the schemes to be notified by the reserve bank of india it is also proposed to provide immunities to persons receiving such temittances and to persons owning such bonds mainly from the foreign exchange regulation act, 1973 and the direct tax laws 2 the bill seeks to achieve the above objects new deum; manmohan singh the 28th august, 1991, memorandum ?:"garding delegated legislationclause 3 of the bill provides that the reserve bank of india may specify a scheme for the purpose of laying down details of the manner in which the remittances of foreign exchange can be received by persons resident in india and other matters connected therewith 2 clause 5 of the bill provides that the reserve bank of india may specify a scheme setting out the details relating to sale of foreign exchange bonds by the state bank of india, including the persons who can purchase the bonds, the denomination of the bonds, the interest admissible thereon, the date of maturity of the bonds, etc 3 the matters in respect of which the schemes are to be specified are matters of administrative detail or procedure and it is not practicable to provide for them in the bill itself the delegation of jegislative power is, therefore, of a normal character, | Parliament_bills | 4fed8861-45cc-541e-9b36-7bfd640e0d95 |
, •• no 7 01 1984 - j _ the industries (development and regulation) amendment bill j984 , i , a billfurther to amend the industries (development and regulatio~) , ; j - ac( '1951-be i~ enacted l;>y parliament in t~e rhirty-fifth year of the republic of rndia as follows: _" " 1 ', ' 1 (1) this act may be called the industries (development and regulation) amendment act '1984 ' ' " ,r' 5 (2) it shall be deemed to have come into force on the 12th day of short title and conunencement january, 1984 amendmentof section 3 of act 65 of 1951 10 2 in section 3 of the industries (development and regulation) act, 1951 (hereinafter referred to as the principal act) ,-1 , (i) clauses (oa) and (ab) shall be re-iettered as clauses (ab) and (ac) respectively and before clause (ab) as' so re-iettered, the following clause shall be inserted, namely:-, is '(00) "ancillary industrial undertaking" means an industrial undertaking which in accordance with the proviso to 'sub-section (1) i of section lib ~nd th~ requil'~merits specified under that subsection, is entitled to be regarded' as an ancillary itidustrial undertaking for the purposes of, this act;'; (ii) clause (j) shull be re-iettered as clause (k), and before clause (k) as so re-iettered the following clause shall be inserted, namely:-20 '(j) "small scale industrial und1!rtaking" means an industrial undertaking which, in accordance with the requirements specified under sub-section (1) of section 11b, is entitled to be regarded as a small scale industrial undertaking for the purposes of this act;' 3 after section 11a of the principal act, the following section shall be inserted, namely: -5 insertion of new\iec-tion lib "l1b (1) the central government may, with a view to ascertaining which ancillary and small scale industrial undertakings need s'upportive measures, exemptions or other favourable treatment under this act to enable them to maintain their viability and strength so as to be effective in-10 (a) promoting in a harmonious manner the industrial economy of the country and easing the problem of unemployment, and (b) securing that the ownershi~ and control of the material resources of the community are so distributed as best to subserve the common good, 15 power of central government to specify the require_ ments which shall be complied with by small scale industrial undertakings 'specify, having regard to the factors mentioned in su~ ~section (2), by notified order, the requirements which shall be complied with by an industrial undertaking to enable it to be regarded, for the purposes of this act, as an angillary, or a small scale, industrial undertaking and different requirements may be so specified for different purposes 20 or with respect to industrial undertakings engaged in the manufacture or production of different articles: provided that no industrial undertaking shall be regarded as an ancillary industrial undertaking unless it is, or is proposed to be, engaged in--lz5 (i) the manufacture of parts, components, sub-assemblies, toolings or intermediates; or (ii) rendering of services, or supplying or rendering, not more than fifty per cent of its production or its total services, as the case may be, to other units for production of other articles 30 (2) the factors referred to in sub-section (1) are the following, namely:-(a) the investment by the industrial undertaking in-(i) plant and machinery, or (ii) land, buildings, plant and machinery; 35 (b) the nature of ownership of the industrial undertaking; (c) the smallness of the number of workers employed in the industrial undertaking; (d) the nature, cost and quality of the product of the industrial undertaking; 40 (e) foreign exchange, if any, required for the import of any plant or machinery by the industrial undertaking; and (f) such oth~ relevant factors as may be prescribed (3) a copy of every notified order proposed to be made under lub·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 5 if, before the expiry of the session immediately following the ~ssion or the successive sessions aforesaid" both houses agree in disapproving the issue ot the proposed notified order or both houses agree in making any modification in the proposed notified order, the notified order shall not be made, or, as the case may' be, shall be made only join such modified form as may be agreed upon hy both the houses (4) notwithstanding! anything contained in sub-section (1), an industrial undertaking which, according to the law for the time being in force, fell, immediately before the commencement of tl;le industries (development and regulation) amendment act, 1984, under the is definition of an ancillary, or small scale, industrial undertaking, shall, after such commencement, continue to be regarded as an ancillary, or small scale, industrial undertaking for the purposes of this act until the definition aforesaid is altered or superseded by ary notified ord~r made under sub-section (1) " amendment 0if section 24 20 4 in 'section 24 of the principal act, in sub-section (1), in clause (i), for the words, brackets, figures and letter "sub-section (2) of se$ion 29b", the words, brackets, figures and letters "sub-sections (2), (2a) , (2d) , (2f) and (2g) of section 29b" shall be 'substituted 5 in section 29b of the principal act, after sub-section (2), the follow-amend-25 ing sub-sections shall be inserted, namely: -ment of '3ection 29b 30 - 35 '(2a) in particular, and without prejudice to the generality oil the provisions of sub-tlection (1), the central government may if it is satisfied, after considering the recommendations made to it by the advisory committee constituted under sub-section (2b), that it is necessary so to do for the development and expansion of ancillary, or small scale, industrial undertakings, by notified order, direct that any article or c1as~ of articles specified in the first schedule shall, on and from such date as may be specified in the notified order (hereafter in this section referred to as the "date of reservation"), be resel'v'ed for exclusive production by the ancillary, or small scale, industrial undertakings (hereafter in this section referred to as "reserved article"), (2b) the central government shall, with a view to determining the nature of any article or class of articles that may be reserved for production,by the ancillary, or'small scale, industrial undertakings, constitute an advisory committee consisting of such persons as have, in the opinion of that government, the necessary expertise to give advice on the matter 45 (2c) the advisory coiiuiuttee" shall, after considering the following matters, communicate its recommendations to the central government, namely:-(a) the nature of any article or class of articles which may be produced econoniically by the ancillary,' or small scale, indus-trial undf'ttakings;" (b) the level of employment likely to be generated by the production of such article or class of articles by the ancillary, or small scrle, industriai 'undertakings; (c) the ~sibility of enco~raging ~d di1f~~ing entrepreneurship in industry; 5 ,/ (d) tpc prev~ntiqn of, concen~ration of economic power to the common detriment; and (e) such other matters as the advisory committee may think fit (2d) the productioq of, any reserved article or class of reserved 10 articles by any ind'lstrial, ~dertaking (not being an allcillary, or small s~ale, industri,al undert~king) which, on the date of reservation, is engjlged in, or has taken effective steps for, the production of any res~rvedarticle or class of reserved articles" shall, after the com-~e~ceme,ntof the, iruiustries (development and regulation) 15 amendment act, 1984, or as the case may be, the date of reservation, whichever i later, be subject to such conditions as the central government may, by notified order, specify (2e) while specifyoing any condition under sub~section (2d) , the central government may take into consideration the level of 20 production of any reserved article or class of reserved articles achieved, immediately before the date of reservation, by the industrial undertaking refelted to in sub-section (2d), and such other factors as may be relevant (2f) e~ery person or authority, not being th~ central govern- 25 ment, who, or which, is registered under section 10 or to whom, or to which, a licence has been issued or permission has been granted unde~ s~cti~n 11 for ~he p;rod;uction of any, article or c~ass of articles which has, or have, been ~ubsequently reserved for the ancillary, or sma~l s~ale, industrial unde,r~akings, shall produce, such registration 30 - c~ltificate, ~~cence or permis~ol\, as the case may be, ,within ~uch period as the central government may, by notified order, specify in this behalf, and the ~ntral government may enter t~rein all or ~y of the tonditions specified by it under su~section (2d), including th~ productive capacity of the industrial undertakings and other 35 prt!scribed particulars (2g) the owner of every industrial undertaking (not being an ancillary, or small scale industrial undertaking) which, immedlately , befor~ the commencement of the industries (deyelopment and regulation) amendm~nt act 1964, or the date of reservation, which~ 40 ever is later,- (a) was engaged in the production of any article or class of articles, which has, or have, been reserved for the ancillary, or small scale, industrial undertakings, or (b), bad before s!-u;h c,ommencement or before the date of 45 8~h, rese,rvation ~" the case may be, taken etlective steps :for commencing the production of such reserved article or class of reserved articles, i,,: i ~itju>~t being, registered under section 10 '01' in, resp~~t of which a llcence or permission has not been i'ssued under section 11, shall so refrain from the production of such, ~'eserved article or class of reserved articles, on and from the date of expiry of three months from such commencement or from the date of such reservation, whiche~r is later 5 (2h) every notified order made under 'sub-section (2a) 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 follow-10 ing the session or the 'successive sessions aforesaid, both houses agree in making any modificauon in the notified order or both houses agree that the notified order should not be made, the notified order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or 15 annulment shall he without prejudice to the valid'ty of anything previous!y' done under that notified order' ,6 notwithstanding anything contained in any judgment, decree or valiorder of a~y court, tribunal or other authority and notwithstanding any- dation thing contained in any other law,agreement or other instrument for the 20 time being in force, every notification made or purporting to have been made by the central government under the principal act, on or after the 19th day of februa,ry, 1970, reserving any article or class of articles for production by any ancillary, or small scale industrial undertaking or any class of ancillary, or i>mall scale indul"trial undertakings shall, for all 25 pu,rposes, be, and shall be deemed, always, to have been, as valid and effective as if the amendments made to the principal act by this act had been in force at all materi~l times and such notification had been made in fun compliance with the provisions made by such amendments and accordingly any reservation made or purporting to have been made 30 by such notification shall in accordance with the tenor thereof, have, and be deemed always to have had, eft'ect on and from the date of such reservation and shall until it is altered or superseded by any fresll notification under the' princi~l act as amended by this act, continue to have effect 35 explanat'ion-for the ,removal of doubt~ it is hereby provided that il9 ac~ or omission on the part of any person shall be ,punishable as an off~nce which would not have been so punishable if this section had not corne into force 1 of 1984 7 (1) the industries (development and regulation) 40 ordinance, ]984, is hereby repealed amendment repeal and saving (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 by this act statement of objects and reasonsone of the important policy measures adopted by the government to improve the competitive strength of industrial undertakings in the small scale sector, is to reserve selected items for exclusive prod'uction by such undertakings under this policy, 8·72 items are presently so reserved the government has been making such reservations since 19th february, 1970 through the exercise of powers under section 29b of the industries (development and regulation) act, 1951 which provides that the central government, having regard to the smallness of the number of workers employed or the amount invested in the industrial undertaking or to the desirability of encouraging small undertaldngs generally or to the stage of development of any scheduled industry, may exempt any undertaking from the operation of all or any of the provisions of the act as there is no specific mention in section 29b of the act about reservation of items for exclusive production by small scale undertakings, doubts have been raised about the competence of the government to take such action with a view to placing the matter beyond doubt, the president has promulgated the industries (development and regulation) amendment ordinance, 1984 (no1 of 1984) making'specific provision in the indu':--tries (development and regulation) act, 1951, empowering the government to: ':~: (a) specify the requirements to be complied with by an industrial undertaking to enable it to be regarded as an ancillary or a small scale industrial undertaking; (b) make reservation of any article or class of articles for exclusive production by an ancillary or small scale industrial undertaking; (c) fix the productive capacity of large and medium scale units, already producing such reserved items on the date of reservation; and (d) provide for all other matters incidental thereto the bill seeks to replace the said ordinance -no financial commitment oj'! expenditure from the consolidated fund of india is likely to be involved if the proposed bill is enacted the notifications whereby small scale or ancillary industrial undertakings were defined and the notifications whereby articles were reserved for production by small scale ql' ancillary industrial undertakings, which are proposed to be validated by the bill, are being laid on the table of each house of parliament narayan datt tiwari new d!:lm; the mh february, 1984 clause 31 of the bill seeks to insert new section ub in the industries (development and regulation) act, 1951 sub-sect:on (1) of that section empowers the central government to specify, by notified order, the requirements which 'shall be complied with by an industrial undertaking in order to be regarded as an ancilla,ry, or small scale, industrial undertaking, and sub-section (2) thereof empowers the central government to prescribe by rules such other relevant factors which have to be taken into consideration in specifying the requirements aforesaid sub-section (3) of the said section 11b provides that the draft of the notified order proposed to be made under sub~ection (1) shall be laid before each house of parliament for thirty days and such notified order shall not be made i~ it is disapproved hy both houses of parliament or if it is modified by both houses of parliament, it shall be made only in such modified fonn clause 5 of the bill seeks to insert new sub-sections (2a) to (2h) in section 29b, of which-(i) sub-section (2a) empowers the central government to direct, by notified order, that any article or class of articles specified in the first schedule may be rese,rved for exclusive production by the ancillary, or small scale, industrial undertakin~, (ii) sub-section (2d) empowers the central government to 5pecify, by notified order, the conditions subject to which the reserved articles -shall be produced by large scale industrial undertakings which are already producing such rese,rved articles or have taken effective steps for the production of such reserved articles, (iii) sub-section (2f) empo~rs ,the central government to specify, by notified order, the period within which every industrial undertaking which is registered under section 10 or to which a l1cence or permission has been granted under section 11 for the production of any articles which has subsequently been reserved for production by ancillary or small scale industrial undertakings, to produce such registration certificate, licence or permission to enable the central government to enter therein all or any of the conditions, specified by it under sub-section (20) and the productive capacity or other prescribed particulars - the matters in relation to which the legislative power has been so delegated, are matters of detail the delegation of legislative power is, therefore, of a normal character , act, 1951(65 of 19:)1) - - - - definitions 3 in this act unless the context otherwise requires,-- - - - - penalties 24 (1) if any person contravenes or attempts to contravene or abe1;s the "contravention of- ' (i) the provisions of sub-section (1) or sub-section (4) of section 10 or of sub-section (1) of section 11 or of section ua or of subsection (1) of sectftm 13 or of sub-section (2) of section 29b, or - a billfurther to amend the industries (development and regulation) act, 1951 (shri narayan datt tiwari, minister of industry) | Parliament_bills | 346565e6-231f-58ec-b6f2-cb2c10dd1cb3 |
bill no 17 of 2016 the election laws (amendment) bill, 2016 a billfurther to amend the representation of the people act, 1950 and the delimitation act, 2002be it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary chapter ii amendment to the representation of the people act, 195043 of 1950amendment of section 92 in section 9 of the representation of the people act, 1950, in sub-section (1), after clause (b), the following clause shall be inserted, namely:—5''(c) make such amendments in the delimitation of parliamentary and assembly constituencies order, 2008 as appear to it to be necessary or expedient for bringing the order up-to-date by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of india and fiftyone enclaves of bangladesh with effect from 31st july, 2015, in pursuance of the constitution (one hundredth amendment) act, 2015''10 chapter iii amendment to the delimitation act, 2002amendment of section 1133 of 20023 in section 11 of the delimitation act, 2002, in sub-section (1), in clause (b), the following proviso shall be inserted, namely:—1520"provided that the election commission may make such amendments, as appear to it to be necessary or expedient, for bringing the said orders up-to-date by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of india and fifty-one enclaves of bangladesh with effect from 31st july, 2015, in pursuance of the constitution (one hundredth amendment) act, 2015" statement of objects and reasonsthe enactment of the constitution (hone hundredth amendment) act, 2015 resulted in exchange of fifty-one bangladeshi enclaves in indian territory and one hundred and eleven indian enclaves in bangladeshi territory with effect from 31st july, 20152 consequently, the state government of west bengal issued a notification on26th august, 2015 for amalgamation of the area of the fifty-one erstwhile bangladeshi enclaves some in existing mouzas and some by creating new mouzas during a joint field visit conducted by india and bangladesh, it was ascertained that all the fourteen thousand eight hundred and sixty-four persons living in the erstwhile bangladeshi enclaves now amalgamated to the indian territory, opted to acquire indian citizenship similarly, nine hundred and eightyseven persons out of thirty-nine thousand one hundred and seventy-six persons, living in indian enclaves and transferred to bangladesh, opted to retain indian citizenship and settle in india in cooch behar district of state of the west bengal3 as per clause (2) of article 170 of the constitution, which provides that each state shall be divided into territorial constitutencies, the new areas falling within the said district have to be incorporated into the extent of the relevant parliamentary and assembly constituencies similarly, the reas transferred to bangladesh are to be excluded from such territorial constituencies further, the persons who have opted to acquire or to retain indian citizenships are required to be given voting rights in india4 with a view to carrying out the consequential procedural requirements referred to above and in view of the impending elections in the state of west bengal in the month of may, 2016, amendments in the representation of the people act, 1950 and the delimitation act, 2002 are required to be made empowering the election commission to undertake limited delimitation in the areas amalgamated in teh cooch behar district of the state of west bengal5 the bill seeks to achieve the above objectsnew delhi;d v sadananda gowdathe 17th february, 2016———— a billfurther to amend the representation of the people act, 1950 and the delimitation act, 2002————(shri d v sadananda gowda, minister of law and justice)gmgipmrnd—4349ls(s3)—19022016 | Parliament_bills | 04fc8aa1-5af7-5e52-8b0c-63dc05d23593 |
bill no ii of i'" the appropria non bill, r963 a billto liuthorise pctyment lind approprwtion of certain further sumr from and out of the consolidated fund of india for the services of the jifl4ncial year 1962-63 be it enacted by parliament in the fourteenth year of the republic of india as folows:-1 this act may be called the appropriation act, 1963 short titlo z from and out of the consolidated fund of india there may be issue of ri 5 paid and applied sums not exceeding those specifted in column 3 ~ti:,i4::~ooo of the schedule amounting in the aggregate to the sum of two codsolidated hundred and seventy-one crores, fifty-four lakhs and eighty-three rz:s~ ~ the thousand rupees towards defraying the several charges which will, 1~-63 come in course of payment during the financial year 1962-63, in 10 respect of the services speclfted in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of ~ppropriathe consolidated fund of india by this act shall be appropriated tiod for the services and purposes expressed in the schedule in relation to the said year the schedule(s" lectioua 2 and 3) --2 3 services and purposes sums not ezceedilll ---1 no of vote 5 total voted by parliament cha~ the ' dated fuad rs rs ra 1 10 353,000 ministry of commerce and industry - 353000 s 2,25,000 ministry of defence · · ~,25,ooo 9 3110,00000 defence servic:es-bffective-$a)' · · · · 37roljqpoo 10 dcfedcc servic:cs-effectivc--navy 4000,oao oochi 403°,000 is 125,oo,goo 16 tribal areas 125,00000 " goa daman and diu 5000,000 al so,qq,oop 80,00,000 a9 currency and coinage · 80,00,000 a 198006,000 kojar gold mides ' 19806~ 31 35,00,000 pensions and o~cr reqrediqlt lkddlt:a - 35,00,000 ~ 1820,00000 other revenue =diture of die midiiuy of' idadcc - is,20,oci),ooo 31 2s ljll~ miice1ianeoua adjustments 'bcsweca, the cedtnl and ~ qcmnutacala · iu,oaq 10,5496,000 44, qi _~ t¥ st4w shar, of ummi &au dutils lo,s4g6,ooo ~~~~= aiid/igriadture - - 95 - 54000 9' - 51tpoo 29u-p!)q 411 midiltryofhomca1fain · 2015000 315,000 49 cabidet · · · · 315,000 so zoaal council, · 6000 " 6000 35 466>48;000 052 police · · 4>66>48,000 6464,000 053 23000 ccoma · · · · 6464000 " privy pones of indian rulers 23,000 55 ss12,tjoo 56 delhi · · · 55,27,000 4j,ddd lok sabra corri gendumto the appropriation bill,1963 (!lintroduaect in lok s~) page 2, line 17,-against vote l~, under the heading "charged on the consolidated fund" for ii 0 000" read "30 000" , , new dew!, it march 13 1963 phalguna 22, 1884 (saka) services and· purpoeel ~ dot ai_ no of vote s voted by owaed on 'i'dtai pu~t ~~lidated fund rio rio ri 63 ~ information and ting •• 10 " miaiatry of irription and power - - - 61 multi-purpoie river schemea 0 72 other revenue expenditure of the ministry of labour and employment - is 84 scientific reeearch an~ cultural a1fain - 86 ministry of steel and hea9y industries - - - 492,000 20 87 other revenue &deaditure of:the midiitry of 'steel iind heavy industries - - i4a5ii6ooo 91 communications (including national highways) 25,89,000 92 mercantile marine - 76,,000 97 indian posta and telegraphs department 0 - - 99 ministry of works, houling and supply - 0 - 85,000 101 public: works 30 102 stationery and printing 110 rajya sabha - 116 18,00,000 18,00,000 capital outlay of the ministry of bztemal affairs - 118 35 capital outlay on curreucy and coinage - 0 35,21,000 it9-a carital outlay on kolu gold mines •• 120 commuted value ofpensi0d8 121 other capital outlay of the ministry of finance - 123 loans and advances by the cejttfal government - -:--- vote parliament the onsoh-total dated fund sums dot exceedidg no seryicea and purpoeel of - voted by char&: on i ra ra ra c_, ~mmt 0/ d,m - 3100dd,dod 330000,000 125 purcbue of fooct,rains · a3>48,oo,ooo 23>48,00,000 capital outlay of the ministry 133 of midea iidcl fuel - iporj 1000 10 135 capital outlay of the ministry of steel and heavy induatrica · 908>4,000 9,08>4',000 136 capital outlay on road · r6ddo 16,000 144 capita1 outlay of the depart -meat of atomic bneigy - aooo 2porj , total - 1 1'798,24,000 1,13,659000 2715483,000 - statement of objects and reasonsthis bill 1s introduced in pursuance of article 114 (1) of the constitution of india, read with article llf) 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, excluciidi railways, for the financial yeaz 1962-63 moilalwi desai' a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1962-63 the president has, in pursuance of clauses (1) and (3) or article 117 of the constitution of india, read with article lis thereof, recommended to the lok sabha, the introduction and consideration of the bill m n kaul, sa1tqry (5hrl m o,a, desai, mlnlsur 0/ p , i | Parliament_bills | 2005485d-aad4-5bd9-bded-791ae11b419e |
bill no 167 of 2014 the tourism promotion authority bill, 2014 byshri arjun meghwal, mparrangement of clausesclauses 1 short title, extent and commencement 2 definitions 3 declaration of areas having tourism potential as tourist destination 4 constitution of the tourism promotion authority 5 appointment of secretary, chief accounts officer and other staff of the authority 6 headquarters and other offices of the authority 7 meetings and procedure of the authority 8 vacancies not to invalidate proceedings of the authority 9 constitution of the tourism promotion authority fund10 objects of the authority 11 master plan for the development of tourist destinations 12 functions of the authority 13 acquisition of land for development of tourist destination 14 prior intimation of any development work by any local authority to the authority 15 central government to issue directions16 accounts and audits 17 annual report 18 returns and inspections 19 authentication of orders and documents of authority 20 power to delegate 21 members and officers to be public servants 22 protection of action taken in good faith 23 power to delegate 24 power to remove difficulty 25 power to make rules bill no 167 of 2014 the tourism promotion authority bill, 2014 by shri arjun meghwal, mp a billto provide for establishment of tourism promotion authority for the promotion of tourism in the country and for matters connected therewithbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the tourism promotion authority act, 2014short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "authority" means the tourism promotion authority constituted undersection 4; and(b) "prescribed" means prescribed by rules made under this act3 (1) the central government may, if it is of the opinion that an area has tourism potential in view of its location, ancient or historical importance or natural beauty, it may, by notification in the official gazette, declare that area to be a tourist destination5(2) an area declared under sub-section (1) as tourist destination shall be developed by the authority as per international standardsdeclaration of areas having tourism potential as tourist destination4 (1) the central government shall, by notification in official gazette, constitute an authority to be known as the tourism promotion authority for promotion of tourism and development tourist destinationsconstitution of the tourism promotion authority10(2) the authority shall be a body corporate, 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 authority shall consist of—(a)minister-in-charge of the union- chairperson, ex-officio;ministry of tourism1520(b)one person, whole-time member, to- vice-chairperson;be appointed by the central government, having proven experience and expertise in the field of archaeology, country and town planning, architecture, heritage, conservation or law(c)secretary, union ministry of tourism- member, ex-officio;(d)secretary, union ministry of culture- member, ex-officio;25(e)secretary, union ministry of home- member, ex-officio;affairs(f)director general, archaeological- member, ex-officio;survey of india(g)secretaries, department of tourism of- members, ex-officio;the state governments30(h)member of the house of people whose—member, ex-officio;constituencies include any part of the tourist destination(i)municipal commissioner of the—member, ex-officio;municipality concerned35(j)divisional commissioner of the—member, ex-officio;division concerned(k)not more than three persons to be- membersnominated by the central government40(4) the vice-chairperson and the nominated members shall hold office for a period of three years(5) the salary and allowances payable to and other terms and conditions of the vice-chairperson and other members shall be such as may be prescribed5 (1) the central government shall appoint the secretary and the chief accounts officer, respectively, of the authority in such manner as may be prescribed45(2) the secretary and the chief accounts officer shall exercise such powers and perform such duties as may be specified by the central governmentappointment of secretary, chief accounts officer and other staff of the authority(3) the central government shall provide such number of other officers and staff to the authority as may be required for its efficient functioning(4) the salary and allowances payable to and other terms and conditions of the officers and staff of the authority shall be such as may be prescribed6 (1) the headquarter of the authority shall be at new delhi5headquarter and other offices of the authority(2) the authority shall have its offices in every state capital or at such other placesas it may deem fit for carrying out the purposes of this act7 (1) the authority shall meet at such times and places and shall observe such rulesof procedure in regard to the transaction of its business at its meetings, as may be prescribedmeetings and procedure of the authority10(2) when any member referred to in sub-clause (c) or (d) or (e) of section 3 is unable toattend a meeting of the authority for any reason, he may depute an officer, not below the rank of joint secretary, from his department to attend the meeting and such member shall have the right to vote158 no act or proceeding of the authority shall be invalid by reason of any vacancy inthe authorityvacancies not to invalidate proceedings of the authority9 (1) the central government shall, by notification in official gazette, constitute a fund to be known as the tourism promotion authority fund(2) the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite sums to the fund for carrying out the purposes of this actconstitution of the tourism promotion authority fund2010 the objects of the authority shall be—objects of the authority(a) to promote and develop tourism; (b) to improve and strengthen the existing infrastructure in and around ancientmonuments, heritage sites and tourist destinations(c) to develop new tourist destinations with all basic amenities;25(d) to co-ordinate, support and interact with other departments and agencies forstreamlining services and amenities in and around tourist destinations;(e) to provide safety and security to tourists; and (f) to facilitate and enhance the experience of the tourists3011 (1) the authority shall, as soon as may be, prepare a separate master plan for thedevelopment of each tourist destination(2) the master plan shall include—master plan for the development of tourist destinations(a) vision for the development of tourist destination;(b) measures both short term, and long term to promote and develop tourism;and35(c) measures to strengthen the existing infrastructure in and around touristdestination(3) the master plan of a tourist destination shall be published in at least one local newspaper having circulation in that area for inviting objections and suggestions from general public before such date as may be specified in the publication40(4) the authority shall, before finalizing a master plan, take into consideration all objections and suggestions made under sub-section (3)12 the authority shall—functions of the authority(i) prepare a calendar of activities including annual festival, melas, haats to beorganised in the each forthcoming financial year for the promotion of tourism at different tourist destinations;5(ii) advertise such activities as it considers necessary to promote tourism atdifferent tourist destinations;(iii) interact once in three months with the stakeholders including representativesof the hoteliers, local authorities, police, archaeological survey of india and the tourismdepartment of the state government concerned for proper co-ordination to develop and strengthen tourism infrastructure in and around tourist destinations in the area;10(iv) provide amenities at such rate and in such manner to the visitors as may benotified by the central government in this regard;(v) provide such other amenities as it may deem fit for the development oftourist destination;15(vi) recommend to the central government the measures to be taken for thedevelopment of tourist destinations;(vii) coordinate with the local authorities functioning in the area regarding anydevelopmental work undertaken or to be undertaken in or around a tourist destination;20(viii) maintain a website containing all essential information regarding thetourist destination including hotels, monuments and heritage sites, tourist maps, help desk, district administration and tour operators with a view to provide necessary information and help to the tourists; and(ix) levy and collect entry fee at such rate and in such manner, as may beprescribed, from visitors at tourist destinations; and25(x) issue such directions as it may deem necessary or expedient to meet thepurposes of the act3013 notwithstanding anything contained in any other law for the time being in force, the central government may, on the recommendation of the authority and in consultation with state government concerned, acquire any land required for the purposes of development of a new tourist destination under this actacquisition of land for development of tourist destination14 (1) whenever any development work is to be carried out in or around any the tourist destination by any local authority, such local authority shall inform the authority in writing at least fifteen days before carrying out any development work along with the estimates of expenditure likely to be incurred on development work35prior intimation of any development work by any local authority to the authority(2) the authority shall maintain a register containing details of development works to be undertaken by the local authorities(3) any person, who intends to inspect the register maintained under sub-section (2), shall apply to the authority, in such form and manner as may be prescribed40(4) if, in the opinion of the authority, any proposed development work shall adversely affect the tourism potential of a tourist destination, the authority may, after giving an opportunity of being heard to the agency concerned, restrain such agency from carrying out any such development work15 the central government shall, from time to time, issue such directions to the authority, as may be necessary for carrying out the purposes of this actcentral government to issue directions45accounts and audits16 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as may be prescribed(2) the accounts of the authority shall be audited at such intervals as may be specified by the central governmentannual report517 (1) the authority shall prepare every year an annual report in such form andmanner, as may be prescribed by the central government, giving a full account of its activities during the previous year, and copies of the report shall be forwarded to the central government(2) a copy of the report forwarded under sub-section (1) shall be laid, as soon as maybe after it is received, before each house of parliamentreturns and inspections1018 (1) the authority shall furnish to the central government at such time and in suchform and manner, as may be prescribed, such returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of tourism, as the central government may, from time to time require15(2) the authority or any other officer authorized on its behalf, may call for reports andother information from the state government or any other agency, as may be required by it for the efficient administration of this act and it shall be incumbent for the state government or other agency concerned to furnish the information so required19 all permissions, orders, decisions, notices and other documents of the authorityshall be authenticated by the signature of the secretary to the authority or any other officer authorized by the authority in that behalfauthentication of orders and documents of authority20power to delegate20 the authority may, by general or special order, direct that any power exercisableby it under this act may be exercised by such officer or local authority in such cases and subject to such conditions as may be specified therein2521 the vice-chairperson, every member, officer and other employees of the authorityshall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servant within the meaning of section 21 of the indian penal code45 of 1860members and officers to be public servants protection of action taken in good faith22 no suit, prosecution or other legal proceeding shall lie against the authority or anymember, officer or other employees 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 thereunderpower to delegate3023 the authority may, be general or special order in writing, delegate to thevice-chairperson or any member, officer of the authority or any other person subject to such conditions, if any as may be specified in the order, such of its powers and functions underthis act, as it may deem necessarypower to remove difficulty3524 (1) if any difficulty arises in giving effect to the provision of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removal of the difficulty:40provided that no such order shall be made after the expiry of a period of two years fromthe 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 laidbefore each house of parliamentpower to make rules455025 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in the 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 reasonstourism in india has shown a phenomenal growth in recent times there are still a large number of places in india which have got immense tourist potential, but unfortunately due to various reasons the potential could not be best utilized the meager number of inbound foreign tourists in comparison to other countries clearly established the lack of proactive actions on our part we have grossly failed to market our tourist destinations, heritage monuments and sites aggressively whether nationally or internationally our existing tourist destinations lack facilities and amenities for the tourists and therefore, they do not experience a comfortable stay during their visitsthe directorates of tourism, both of the central and the state governments, could not also achieve the purpose of promoting tourism and developing the destinations as model tourist destinations undoubtedly, the promotion of tourism would enhance our prosperity besides increasing the avenues of employment we, therefore, urgently need the statutory bodies, which can have the full focus and powers to work in this sphere of tourismthe present bill, keeping in view promotion and development of tourism in the country, provides for—(i) establishment of tourism promotion authority for promotion and development of tourism;(ii) to improve and strengthen the existing infrastructure in and around tourist places, ancient monuments and heritage sites;(iii) to create and construct new permanent tourist destinations with all basic amenities;(iv) to motivate other departments and agencies for framing requisite schemes;(v) to take steps to promote tourist friendly activities; and (vi) to facilitate and enhance the experience of the touriststhe bill seeks to achieve the above objectivesnovember 12, 2014 financial memorandumclause 4 of the bill provides for the constitution of the tourism promotion authority by the central government clause 5 provides for appointment of secretary, chief account officer and other staff of the authority clause 6 provides for headquarter and other offices of the authority clause 7 provides for meetings and procedure of the authority clause 9 provides for constitution of a tourism promotion authority fund clause 12 provides for the promotion of tourism through advertisement, maintaining of website and providing amenities for development of tourist destinations the bill, therefore, if enacted, would involve expenditure from the consolidated fund of indiaat this stage, it is not possible to give the exact amount to be incurred however, it is estimated that a recurring expenditure of about three hundred crore will be involved per annuma non-recurring expenditure of rupees three 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 matters will relate to detail only, the delegation of legislative power is, therefore, of a normal character———— abillto provide for establishment of tourism promotion authorities for the promotion of tourism in the country and for matters connected therewith————(shri arjun meghwal, mp)gmgipmrnd—2778ls(s3)—04-12-2014 | Parliament_bills | f7734da6-847f-5512-8467-c8b211f9100c |
bill no 33 of 2016 the constitution (amendment) bill, 2016 byshri p karunakaran, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2016short title2 in article 309 of the constitution, after the existing proviso, the following proviso shall be added at the end, namely:—amendment of article 3095"provided further that every rule made in respect of services and posts in connection with the affairs of the union 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"5 statement of objects and reasonsarticle 309 of the constitution provides for recruitment and conditions of service of persons serving the union or state whenever an act provides for framing of rules for carrying out the purposes of that act, there is also a provision in the act for laying of those rules before each house of parliament and such rules are subject to modification or annulment by parliament however, the rules made under article 309, due to lack of laying provisions, are not laid on the table of the houses consequently, such rules escape the scrutiny of the parliamentthe bill, therefore, proposes to amend article 309 of the constitution to include the provision for laying of rules regulating the recruitment and conditions of service of persons serving in connection with the affairs of the union before each house of parliamenthence this billnew delhi;p karunakaranfebruary 8, 2016 annexure extract from the constitution of india 309 subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state:r e c r u i t m e n t and conditions of service of persons serving the union or a stateprovided that it shall be competent for the president or such person as he may direct in the case of services and posts in connection with the affairs of the union, and for the governor of a state or such person as he may direct in the case of services and posts in connection with the affairs of the state, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have effect subject to the provisions of any such act ———— a billfurther to amend the constitution of india————(shri p karunakaran, mp)gmgipmrnd—4213ls(s3)—24022016 | Parliament_bills | 9d6e18f3-2523-55b9-87cb-ddc774521c36 |
bill no xvi of 2018 the prevention of gender pay gap bill, 2018 a billto address and curb the gender pay gap in the labour and employment sector and also to repeal the equal renumeration act, 1976whereas the convention on elimination of all forms of discrimination against women, adopted by united nations in 1979 and ratified by india on 9th july, 1993 requires that all forms of discrimination against women be condemned and states must take appropriate legislative measures to prohibit all forms of discrimination against women and establish legal protection of their rights on an equal basis with men;and whereas the international labour organisation (ilo) convention on equal remuneration (convention no 100) ratified by india on 25 sep 1958 provides for equal remuneration for work of equal value without discrimination;and whereas article 39 (d) of constituion envisages that the state shall direct its policy, among other things, towards securing that there is equal pay for work of equal value;now therefore it is expedient to re-enact the equal remuneration act, 1976 in order to prevent discrimination between employees on the basis of gender in all workplaces and all positions and to provide employees with an efficient grievance redressal mechanism and to ensure that work done by different genders in valued fairly to achieve gender equality which is a core component of decent workbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminaryapplication of act2 except where otherwise provided, for matters concerning equal remuneration for employees for work of equal value, the provisions of this act shall apply notwithstanding anything contained in any other law for the time being in forcedefinitions3 in this act, unless the context otherwise requires,—5(a) "appropriate government" means—(i) in relation to a workplace which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly—(a) by the central government or the union territory administration, the central government;10(b) by the state government, the state government;(ii) in relation to any workplace not covered under sub-clause (i) and falling within its territory, the state government (b) "discrimination" means as defined in section 4 of the act;15 20(c) "employee" means any person emplyed for remuneration at a workplace for any work whether identified by the employer as regular, temporary, contractual, ad hoc, daily wage worker, probationer, trainee, apprentice or identified by any other such name, performing any manual, unskilled, skilled, technical, operational, clerical, managerial or supervisory work for reward, who gets remuneration from the employer either directly or through an agent, including a contractor, with or, without the knowledge of the employer, whether the terms of employment are express or implied and could be of any age and can be identified as male, female or transgender;(d) "employer" means—25(i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate government or a local authority, the head of that department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate government or the local authority, as the case may be, may by an order specify in this behalf;30(ii) in any workplace not covered under sub-clause (i), any persons responsible for the management, supervision and control of the workplace, if the said affairs are entrusted to any other person, whether called a manager, or managing director or by any other name, such person will be employer;35(e) ''other remuneration" includes any supplement, benefit, allocation, grant, fringe benefit payment to cover expenses, payments for vehicle maintenance, use of telephone, overtime quota, purchase of professional literature, clothing, use of vehicles, or any other compensation in cash in kind, direct or indirect, and even if they do not constitute wages;40(f) ''remuneration'' means wages any additional benefits, allowance and emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the employee and arising out of the employee's employment;(g) "work of equal value" shall have the meaning as defined by the national pay equity committee from time to time and shall include work:—45(i) where employees perform work that is similar in responsibilities, skills or qualification required, requires same effort and is performed in similar working conditions; and(ii) where employees perform work that requires different effort, involving different responsibilities, requiring different skills of qualifications, and is performed under different conditions, but is overall of equal value (h) "workplace" includes—5(i) any department, organisation, undertaking, establishment, enterprise,institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate government or the local authority or a government company or a corporation or a co-operative society;10(ii) any private sector organisation or a private venture, undertaking,enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying or commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;(iii) hospitals or nursing homes;15(iv) any sports institute, stadium sports complex or competition or gamesvenue, whether residential or not used for training, sports or other activities relating thereto chapter ii discrimination20prevention of discrimination4 (1) discrimination on the basis of gender identity including any distinction, exclusion, restriction or preference made on the basis of gender identity which has the purpose or effect of nullifying or impairing equality of opportunity or treatment in employment or is prohibited occupation provided that any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination25 30(2) on and from the commencement of this act, no employer shall, while making recruitment for the work of equal value, or in any condition of service subsequent to recruitment including payment of remuneration and other remunerations, promotions, training or transfer, make any discrimination against any employee on the basis of gender except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force:except when such payment of remuneration or other remunerations or both is made —(a) where the performance of employees is evaluated using a gender-neutral formal system of performance appraisal and employees have been made aware of the same;35(b) where the employees receive periodic increases in remuneration based on the time period of service with the employer or seniority;40(c) where an employer pays to an employee remuneration that are higher than justified by the value of the work performed by that employee during recuperation of limited duration from an injury or illness;(d) where the employer, without decreasing the employee's remuneration, reassigns an employee to a lower position due to unsatisfactory work performance of the employee caused by factors beyond the employee's control, such as the increasing complexity of the job or the impaired health or partial disability of the employee, or as a result of an internal labour force surplus that necessitates the reassignment;45(e) where a procedure of gradually reducing remuneration is prescribed for any of the reasons set out in paragraph (d);(f) where, for the purposes of an employee development program that is equally available to all employees and leads to the career advancement of the employees who take part in the program, an employee temporarily assigned to the position receives50remuneration at a different level than an employee working in such a position on a permanent basis;(g) where there is an existence of an internal labour shortage in a particular job classification;5(h) where there is a reclassification of a position to a lower level, where the incumbent continues to receive remuneration on the scale established for the former higher classification;10(i) where the wage scale that applies to the employees provides for different rates of remuneration for the same job depending on the defined geographic area of the workplace; and(j) any other differential that is based on factors other than gender:provided, that an employer who is paying a wage rate differential in violation of this sub-section shall not, in order to comply with the provisions of this sub-section, reduce the rate of remuneration of any employee:15provided further that the provisions of this section shall not affect any priority or reservation for scheduled castes or scheduled tribes, socially and educationally backward classes, persons with disability, ex-servicemen, retrenched employees of any other class or category of persons only in matters of recruitment and promotion to the posts in an establishment or employment, as provided under any law for the time being in force20(3) where, in an establishment or employment, the rates of remuneration payable before the commencement of this act for employees for the same work or work of a similar nature are different only on the ground of gender, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in case where there are more than two rates), of such rates shall be the rate at which remuneration shall be payable, on an from such commencement, to such employees:25provided that nothing in this sub-section shall be deemed to entitle an employee to the revision of the rate of remuneration payable to them with reference to the service rendered by them before the commencement of this act chapter iii constitution of committees305 (1) the central government shall, by notification, constitute a body to be known as the national pay equity committee to exercise the powers conferred on, and to perform the functions, assigned to it under this act(2) the national pay equity committee shall consist of the following members,—constitution and jurisdiction of national pay equity committee35 (a) a chairperson, who is a person of eminence and has done outstanding work for promoting gender equality to be nominated by the central government; (b) not less than six members, out of which at least two shall be women, from the following fields, to be appointed by the central government from amongst persons of eminence, ability, integrity, standing and experience in,—(i) labour welfare;40(ii) human resources; (iii) gender equality; and (iv) best practices relating to gender equal pay(3) the office of the national pay equity committee shall be at new delhi45(4) the chairperson and every member shall hold office for a term of three years from the date on which they assume office:provided that, subject to fulfilment of criteria mentioned herein, each member, including the chairperson, shall be eligible for re-nomination for a second term of three years, but no subsequent nomination beyond the second term shall be permitted5(5) if, for any reason, any member of the national pay equity committee leaves the committee, the vacancy so created shall be filled by fresh nomination in accordance with the provisions of this section:provided that any decision taken or function performed by the national pay equity committee shall not be questioned merely on grounds of vacancy in the committee10(6) the salary and allowances payable to and other terms and conditions of service of the chairperson and other members shall be such as may be prescribed(7) the national pay equity committee shall have such member of officers and staff on such term and condition as may be prescribed6 the national pay equity committee shall perform the following functions namely:—15(a) conduct research to devise the format and methodology to draft equality plan;powers and functions of national pay equity committee(b) establish or research for globally accepted gender neutral job evaluation methods that assesses the four criteria of skill, effort, responsibility and working conditions and reflect the range of work found in an organisation and capture that organisation's values and are capable of measuring all jobs in the establishment;20(c) establish a framework to be followed by the national pay equity committee for evaluation of workplaces to issue the certificate of equal pay;(d) address any other matter deemed relevant by the central government for the effective implementation of this act 7 (1) every state government and ut administrative shall by notification constitute a state pay equity committee to perform the functions assigned to it under this act25(2) the state pay equity committee shall have the following members,—constitution and jurisdiction of state pay equity committee(a) a chairperson to be nominated by the affordable grant from amongst the eminent women in the field of social work and committed to the cause of gender equality;30(b) not less than five members to be approved by apporpriate government:provided that the chairpersons and the members shall have a background in law or legal knowledge:provided further that at least one of the member shall be a woman or belonging to the scheduled castes or the scheduled tribes or the backward classes or minority community as notified by the appropriate government, from time to time:35provided also that three members, shall represent employees' association or groups in the state, the employers' association or groups and shall the transgender community40(3) the chairperson and every member of the state pay equity committee shall hold office for such period, not exceeding three years, from the date of their appointment as may be specified by the appropriate government:provided that, subject to fulfilment of criteria mentioned herein, each member, including the chairperson, shall be eligible for re-nomination for a second term of three years, but no subsequent nomination beyond the second term shall be permitted45(4) if, for any reason, any member of the state pay equity committee leaves the committee, the vacancy so created shall be filled by fresh nomination in accordance with the provision of this section:(5) the salary and allowances payable to and other terms and conditions of service of the chairperson and other members shall be such as may be prescribed:provided that any decision taken or function performed by the state pay equity committee shall not be questioned merely on grounds of vacancy in the committee58 (1) the state pay equity committee shall:—power and responsibilities of state pay equity committee(a) set up grievance redressal cells in each district of the state with not less than three members, one of whom shall be a job evaluation expert and one of whom shall be a woman and each grievance redressal cell may within the local limits of its jurisdiction:—10(i) require any employer to produce any register, or other documentsrelating to the remuneration and employment of employees and examine such documents;15(ii) take on the spot or otherwise, the evidence of any person for the purpose of ascertaining whether the provisions of this act are being, or have been, complied with;(iii) make copies, or take extract from, any register or other document maintained in relation to the establishment under this act;(iv) conduct all such functions as, delegated by the state pay equity committee for effective grievance redressal20(b) set up an advisory committee which shall consist of not less than three members of which one shall be a woman or transgender member and it shall,—| ( | i | ) regulate its own procedure; ||------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| 25 | | || ( | ii | ) for the purpose of providing increasing employment opportunities for || women and transgender employees, advise the state pay equity committee with | | || regard to the extent to which women and transgender employees may be employed | | || in such establishments or employments within the jurisdiction of the state pay | | || equity committee; | | || 30 | | || ( | iii | ) having regard to the number of women and transgender employees || employed in the concerned establishment or employment, the nature of work, | | || hours of work, suitability of women and transgender employees for employment, | | || as the case may be, recommend the need for providing increasing employment | | || opportunities for women and transgender employees, including part-time | | || employment, and such other relevant factors as the state pay equity committee | | || may think fit: | | || 35 | | || provided that government may, after considering the advice tendered to | | || it by the advisory committee and recommended by the state pay equity | | || committee and after giving to the persons concerned in the establishments or | | || employments within its jurisdiction an opportunity to make representations, issue | | || such directions in respect of employment of women and transgender employees, | | || as it may think fit | | || 40 | | || ( | c | ) examine the equality plans of different organisations and issue certificate of || equal pay on being satisfied that the organisation does not discriminate on the basis of | | || gender in determining remuneration; | | |45(d) maintain computerised records of all organisations that have received certification, that have not submitted equality plans and that have been denied a certificate alongwith reasons thereof;(e) appoint job evaluation experts using open recruitment based on the rules prescribed by the government(f) ensure systematic and efficient grievance redressal by taking informed decisions based on the reports submitted by the job evaluation expert;5(g) regularly collect and publish data on remuneration of employees in the stateor ut recommend changes based on the analysis of the findings to the state government or ut administration report to the state government or ut administration with all data which shall then be further handed to the central government to be published on its website at the end of every financial year;10(h) receive the equality plan report from different organisations every year andorder an inquiry, in a manner that it deems fit, after one official warning if, the committee finds that the organisation is discriminating on the basis of gender in determining remuneration and not taking sufficient steps to bridge the gender pay gap in the organisation;15(i) report to the department of labour of the respective state or utadministration with an annual report of its work, which shall also be put on its own website and laid on the table of the assembly of the respective state or ut having assembly;(j) spread awarness about the rules and regulations under the legislation through workshops and sessions and provide guidance and technical assistance to employers in implementation of the rules under this act;20(k) conduct research and provide recommendations to the appropriategovernment to develop appropriate incentives to encourage employers to follow the provisions laid under this act5 of 1908252 of 1974(2) the state pay equity committee appointed under sub-section (1) shall have all the powers of a civil court under the code of civil procedure, 1908 for the purpose of taking evidence and of enforcing the attendance of withnesses and compelling the production of documents, and 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 chapter iv constitution of internal audit committee309 (1) every employer shall, by an order in writing, constitute a committee to beknown as the internal audit committee on the commencement of this act:constitution of internal audit committeeprovided where the offices or administrative units of an establishment are located at different places, the internal audit committee shall be constituted only at the head office or head adminsitrative unit(2) the internal audit committee shall consist of the following members, namely:—35(a) a presiding officer who shall be a woman employed at a senior level in theworkplace;(b) not less than one representative of the employer to be nominated by theemployer or the employer themself;40(c) not less than one representative of the employees to be nominated by theemployees:provided that at least one member represents each gender in the workplace45(3) all members of the internal audit committee shall hold office for such period, not exceeding three years, from the date of their nomination provided that they may be renominated on the expiry of the tenure for one more term, but no subsequent nomination shall be permitted(4) if, for any reason, any member of the internal audit committee leaves the workplace or the committee, the vacancy so created shall be filled by fresh nomination in accordance with the provision of this secionself-audit and equity plan510 (1) the internal audit committee shall conduct self-audit by drawing an equalityplan, once within six months of the coming into operation of this act and everytime the employer revises pay-scale of any or every employment within the organization, as prescribed by the national pay equity committee, which shall include an analysis of the jobs performed and pay received by employees, measures to address the gender pay differentials and a review of their impact10(2) the internal audit committee shall submit the equality plan to the state payequity committee at the end of the financial year chaper v grievance redressalcomplaint of discrimination11 (1) any aggrieved employee may make, in writing, a complaint of discriminationat workplace to the grievance redressal cell of the state pay equity committee:15provided that where such complaint cannot be made in writing, any member of thegrievance redressal cell, shall render all reasonable assistance to the employee for making the complaint in writingconciliation2012 (1) the grievance redressal cell shall forward the complaint to the job evaluationexpert, within a period of seven days, who shall find all relevant facts to determine whether the jobs in dispute were of equal value and whether the employee faced gender based discrimination in determination of remuneration:provided that if the job evaluation expert requires production of documents from the employer, the employer shall provide the same with in a period of seven days from the date on which such request is made:25provided further that the job evaluation expert shall maintain confidentiality in dealingwith such documents30(2) the job evaluation expert shall submit his report to the grievance redressal cellwith a period of forty five days of receiving the complaint and based on the report submitted by the grievance redressal cell, the state pay equity committee shall record its order and forward the same to the employer to take action as specified in the order within a period of thirty days from receiving the report(3) the state pay equity committee shall provide the copies of the order as recorded under sub-section (2) to the aggrieved employee and the employer(4) where a settlement is arrived at under sub-section (2), no further inquiry shall be conducted by the state pay equity committee35appeal4013 (1) any person aggrived from the recommendations made under sub-section (2) ofsection 12 or non-implementation of such recommendations may prefer an appeal to the labour court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed(2) the appeal under sub-section (1) shall be preferred within a period of ninety days of receiving the order14 (1) an action under this law may be brought by —rights of action(a) the employee;45(b) with the employee's consent - the representative employees organisation atthat workplace, and if there is no such employees organisation to which the employee belongs - by an employees organisation to which the employee belongs;(c) with the employee's consent - by an organisation that deals with women's rights chapter vi 5 duties of the employer15 all employers shall —duties of employers10(a) upload the equality certificate, if issued by the state pay equity committee, on the website of the organisation or be available for public view in an accessible manner;15(b) disclose, on the employee's demand, information for the purposes of this act regarding the wage levels of persons employed by him, according to categories of employees, categories of jobs or categories of grades, provided that the employee shall only be required to deliver such information to such extent as the circumstances require, that avoids disclosure of details of the identity of employees, and which does not by virtue thereof, constitue a breach of any other law, within a period of fourteen days;(c) ensure constititution of internal audit committee to draw up an equality plan and ensure submission of the same at the end of each financial year;20(d) ensure the use of effective job evaluation methods, as prescribed by the national equity pay committee, to eliminate gender based discrimination;(e) maintain such registers and other documents in relation to the employees employed by him as may be prescribed chapter vii 25 miscellaneous16 (1) if after the commencement of this act, any employer, being required by or under this act, so to do—(a) omits or fails to maintain any register or other document in relation to employees employed by him under section 15, orpenalty for noncompliance with provisions of act30(b) fails to submit the equality plan to state pay equity committee under section 15, or(c) fails to constitute an internal audit committee under section 9, or (d) fails to disclose the payroll of employees under section 15, he shall be liable to pay a fine which shall not be less than five thousand rupees but which may extend to an amount decided by the state pay equity committee or labour court35(2) if, after the commencement of this act, any employer—(a) makes any recruitment in contravention of the provisions of his act under section 4, or40(b) makes any payment or remuneration at unequal rates to employees of different genders, for work of equal value under section 4, or(c) makes any discrimination between employees in contravention of the provisions of this act under section 4, or(d) omits or fails to carry out any direction made by the appropriate government under clause (b) of sub-section (1) of section 8, or(e) fails to follow the orders of the state pay equity committee within the time limit prescribed as under sub-section (2) of section 12, or5(f) omits or refuses to gives any evidence to the job evaluation expert or prevents his agent, servant, or any other person in charge of the workplace, or any employee, from giving evidence under sub-section(1) of section 12,10he shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to an amount decided by the state pay equity committee or labour court or with imprisonment for a term which shall be not less than three months but which may extend to one year or with both for the first offence, and with imprisonment which may extend to two years for the second and subsequent offences15(3) if, after the commencement of this act, any job evaluation expert or any member of the state pay equity committee discloses the information produced by any employer under sub-section (1) of section 12, he shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed(4) if any employer, 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—20(a) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence:(b) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the government or local authority required for carrying on his business or activity25provided that in case a higher punishment is prescribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment;30determination of compensation17 (1) for the purpose of determining the sums to be paid to the aggrieved employee under clause (b) of sub-section (2) of section 16, the state pay equity committee, shall determine the compensation which shall include —(a) the amount by which the remuneration payable to the employee exceeds the amount actually paid from the date when payroll was disclosed or first date of official work of employee, whichever is later; and35(b) compensation which shall depend on the feasibility of such payment in lump sum or in instalments and the amount of which shall be decided by the state pay equity committee depending on the financial sustainability of the workplace under the employeroffences by orgaisations4018 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:45provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such 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 connivance of, or is attributable to, any neglect 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 accordingly519 (1) nothing in this act shall apply—act not to apply in certain special cases(a) to cases affecting the terms and conditions of a woman's employment incomplying with the requirements of any law giving special treatment to women, or(b) to any special treatment accorded to women in connection with—(i) the birth or expected birth of a child, or10(ii) the terms and conditions relating to retirement, marriage or death or toany provision made in connection with the retirement, marriage or deathact to be in addition to any other law20 the provisions of this act shall be in additon to and not in derogation of, any other law for the time being in free except to the extent the provisions of other laws are inconsistent with the provisions of this act15power to make rules21 (1) the central government may, by notification in the official gazette, makerules for carrying out the provisions of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely—(a) the matters referred to in section 6; and20(b) registers and other documents which an employer is required to maintain inrelation to the employees employed by him under section 15;22 (1) the equal remuneration act, 1976 is hereby repealedrepeal and saving25 of 197625(2) notwithstanding such repeal, anything done or any action taken or any liability,right or claim arising under the act, so repealed including any notification, nomination, appointment, order or direction made thereunder shall be deemed to have been done or taken under the corresponding provisions of this act, as if this act were in force when such thing was done or action was taken or any liability, right or claim had arisen statement of objects and reasonsgender pay gap is one of the most crucial and yet, the most disregarded gender issues in india women in india earn twenty five per cent less than men women earned a median gross hourly salary of rs 2598 while men earned rs 3458 in 2016 while the gap has reduced by two percentage points since 2015, gender still plays a pivotal role in determining salaries research shows that the pay gap increases with women's work experience, age, educational qualification and rise in occupational hierarchy since women are overburdened with disproportionate share of household chores, employers discriminate against women as they are perceived to be less productive career breaks and socialisation also adds to the gender pay gap india ranked 108, out of 144 countries, on the world economic forum's global gender gap report 2017 the situation is similar when it comes to transgender employees marganilisation and discrimination pushes the transgender community down the socio-economic ladder when it comes to social and economic empowerment this also translates into discrimination in remuneration at workplacesthe situation is alike in labour intensive occupations, both, agricultural and nonagricultural as per the labour bureau of india, in december 2016, the average daily wage rate for a man undertaking ploughing and tilling work was rs 29117 and for a woman, it was 20136 in the same month, the average wage rate of construction workers varied too a man was paid rs 30739 while a woman was paid rs 22045 for construction workthe equal remuneration act, 1976 attempts to address the issue, however, it is insufficient, selective and limited in its scope it is only applicable to employers covered under the payment of gratuity act, 1972 which includes "employer" in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop either government or privately owned the act covers workers working in organisations that have been listed in the definition of employer hence, it does not include corporate organisations and ngos with managerial and supervisory staff that do not engage in physical labour lastly, the act also fails to address the gender pay gap with respect to transgenders hence, despite the existence of a relevant law, the gender gap has not been addressed appropriately the global wage report of 2016-17 published by ilo has ranked india 42nd with one of the widest gender pay gaps, out of 46 selected economiesindia ratified a key ilo convention on equal remuneration (convention no 100) on25 september, 1958 this convention provides for equal remuneration for employees for work of equal value which refers to rates of remuneration established without discrimination based on gender india ratified the convention on the elimination of all forms of discrimination against women on 9 july, 1993 as a result, it is committed "to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises"in randhir singh vs union of india, the supreme court held that 'equal pay for equal work' is not just a "demagogic slogan" it may not be a fundamental right but it is definitely a constitutional goal as a result, it is "capable of attainment through constitutional remedies by the enforcement of constitutional rights" in the case of grih kalyan kendra vs union of india, the supreme court reiterated the importance of the doctrine of 'equal pay for equal work' it held that "equal pay for equal work is not expressly declared by the constitution as a fundamental right but in view of the directive principles of state policy as contained in article 39(d) of the constitution 'equal pay for equal work' has assumed the status of fundamental right in service jurisprudence having regard to the constitutional mandate of equality in articles 14 and 16 of the constitution"article 39(d) of constitution envisages that the state shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women articles 14 and 19 guarantee the fundamental rights to equality before the law and equality of opportunity in the matter of public employment respectively this bill attempts to give effect to these constitutional provisions it is essential to ensure that work done by different genders is valued fairly to achieve gender equality it is also a core component of decent workhence, this billhusain dalwai financial memorandumclause 5 of the bill inter alia provides for constitution of the national pay equity committee clause 7 seeks to constitute state pay equity committee therefore, the bill, if enacted, will involve expenditure from the consolidated fund of india as well as consolidated fund of the concerned state however, it is not possible to access the actual financial expenditure likely to be incurred at this stage memorandum regarding delegated legislationclause 21 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matter of details only, the delegation of legislative powers is of a normal character———— a billto address and curb the gender pay gap in the labour and employment sector and also to repeal the equal renumeration act, 1976————(shri husain dalwai, mp)mgipmrnd—907rs(s3)—23-07-2018 | Parliament_bills | 2baaf732-1eea-5500-b07e-47e4fe1e1841 |
bill no 207 of 2016 the overseas workers (management and welfare) bill, 2016 by shri janardan singh 'sigriwal', mp a billto provide for management and welfare of indian citizens employed outside 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:—short title and commencementdefinitions2 in this act, unless the context otherwise requires:—(a) "fund" means the overseas workers welfare fund constituted under section 6;5(b) "overseas worker" means any indian citizen who is employed outside india by a person who is not an indian citizen or any company or any enterprise or any vessel which is not registered in the territory of india but does not include indian citizens working in the organs or agencies of the united nations organization (uno); and(c) "prescribed" means prescribed by rules made under this act103 the central government shall prepare and maintain a register of all overseas workers containing names and such other particulars including the country in which they are employed, in such manner as may be prescribedmaintenance of register ofoverseasworkers assessment study154 the central government may, from time to time, undertake or cause to be undertaken, using agencies as it may consider necessary, studies in the countries where there are substantial number of overseas indian workers with a view to assess the following in regard to overseas indian workers:—(i) access to basic human rights; (ii) access to health facilities; (iii) access to legal remedies; and (iv) ability to live in a safe and secure manner205 (1) the central government shall formulate and implement welfare schemes for overseas workers in such manner as may be prescribedformulation of welfare schemes(2) without prejudice to the generality of the foregoing provision, such schemes shall also provide for,—25(a) insurance and disability cover; (b) old age protection; (c) orientation and skill upgradation; and(d) such other provisions as the central government may consider necessary6 (1) the central government shall by notification in the official gazette, constitute a fund to be known as the overseas workers' welfare fund30overseas workers' welfare fund(2) the central government shall, after due appropriation made by parliament by law in this behalf, grant such sums of money to the fund as the central government may think fit for carrying out the purposes of this act35compulsory registration of recruiting agencies7 it shall be mandatory for all persons or agencies involved in the recruitment orplacement of indian citizens for employment with foreign nationals or companies outside the country to get themselves registered with such authority, as may be designated by the central government for the purposepunishment8 whoever, in contravention of section 7 recruits any person for employment outsidethe country, shall be punished with simple imprisonment for a term which may extend to five years and with fine which may extend upto rupees five lakh or with both40act to have overriding effect9 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules10 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act455(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 at only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthere are about five million indians employed outside the country more than ninety per cent of this work force is in the gulf countries there has been a consistent and steady increase in the number of persons going abroad in search of employmentthe problems being faced by indian overseas workers are manifold non-payment or delay in payment of wages, harsh working and inhuman living conditions, substitution of contracts, retention of passport, cheating by intermediaries, incidents of physical abuse and sexual exploitation, etc are common in most of the countries, access to legal remedy is denied to indian workers in many cases indian workers do not get the benefit of social security contribution paid during their employment abroad, after they return to india, due to various reasonstherefore, there is an urgent need for a legislation providing for the management and welfare of indian citizens working abroad the bill inter-alia seeks to provide for:—(i) registration of all indian citizens who migrate from the country in search of employment;(ii) empowering the central government to frame welfare schemes for overseasworkers; and(iii) compulsory registration of recruitment agencies etc and for punishment forthose agencies who carry out the business of recruiting persons for overseas employment without registrationhence this billnew delhi;janardan singh 'sigriwal'july 4, 2016 financial memorandumclause 3 of the bill provides for the maintenance of a register of overseas workersclause 4 provides for an assessment study in the countries where there are overseas indian workers clause 5 provides for formulation and implementation of welfare schemes for welfare of overseas workers clause 6 provides for constitution of a overseas workers' welfare fund for welfare of overseas workers the bill, therefore, if enacted, will involve expendiutre from the consolidated fund of india at this stage, it is difficult to give an exact estimate of expenditure likely to be invloved as the exact amount of expenditure likely to be involved will depend upon the number of schemes formulated by the government however,it is estimated that an annual recurring expenditure of about rupees two hundred crore is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for management and welfare of indian citizens employed outside the country and for matters connected therewith or incidental thereto————(shri janardan singh 'sigriwal', mp)gmgipmrnd—1424ls(s3)—27072016 | Parliament_bills | 6ff7943b-32fb-51db-9b96-63b4ce180c58 |
bill no xix of 2002 the passports (amendment) bill, 2002 a billfurther to amend the passports act, 1967be it enacted by parliament in the fifty-third year of the republic of india as follows:—1 (1) this act may be called the passports (amendment) act, 2002(2) it shall be deemed to have come into force on the 23rd day of october, 2001| short | title ||------------|---------|| and | com- || mencement | |15 of 196752 after section 10 of the passports act, 1967 (hereinafter referred to as the principal act), the following sections shall be inserted, namely:—insertion of new sections 10a and 10b10suspension of passports or travel documents in certain cases'10a (1) without prejudice to the generality of the provisions contained in section 10, if the central government or any designated officer is satisfied that the passport or travel document is likely to be impounded or caused to be impounded or revoked under clause (c) of sub-section (3) of section 10 and it is necessary in the public interest so to do, it or he may,—(a) by order, suspend, with immediate effect, any passport or traveldocument;(b) pass such other appropriate order which may have the effect of renderingany passport or travel document invalid,15for a period not exceeding four weeks:provided that the central government or the designated officer may, if it or he considers appropriate, extends, by order and for the reasons to be recorded in writing, the said period of four weeks till the proceedings relating to variation, impounding or revocation of passport or travel document under section 10 are concluded:5provided further that every holder of the passport or travel document, in respect of whom an order under clause (a) or clause (b) of this sub-section had been passed, shall be given an opportunity of being heard within a period of not later than eight weeks reckoned from the date of passing of such order and thereupon the central government may, if necessary, by order in writing, modify or revoke the order passed under this sub-section10(2) the designated officer shall immediately communicate the orders passed undersub-section (1), to the concerned authority at an airport or any other point of embarkationor immigration, and to the passport authority(3) every authority referred to in sub-section (2) shall, immediately on receipt of theorder passed under sub-section (1), give effect to such order15validation of intimations2010b every intimation given by the central government or the designated officer,before the commencement of the passports (amendment) act, 2002, to any immigration authority at an airport or any other point of embarkation or immigration, restricting or in any manner prohibiting the departure from india of any holder of the passport or travel document under sub-section (3) of section 10, shall be deemed to be an order under sub-section (1) of section 10a and such order shall continue to be in force for a period of three months from the date of commencement of the passport (amendment) act, 2002, or the date of giving suchintimation, whichever is laterexplanation— for the purposes of sections 10a and 10b, the expression "designatedofficer" means such officer or authority designated, by order in writing, as such by the central government253 (1) the passports (amendment) second ordinance, 2001 is hereby repealedrepeal andsavingord 11, of 2001(2) notwithstanding such repeal, anything done or any action taken under theprincipal act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act statement of objects and reasonsthere was no statutory provision in the passports act, 1967 to prevent a person indulging in criminal or anti-national activities from leaving the country during the period when action to revoke or impound his passport was initiated under section 10 of the said act the passports (amendment) ordinance, 2001 (ord 8 of 2001) was promulgated by the president on the 23rd day of october, 2001, so as to—(a) insert a new section 10a in the passports act, 1967 conferring power upon the central government or the designated officer to suspend the passport or travel document for a period not exceeding four weeks if it or he was satisfied that the passport or travel document was likely to be impounded or caused to be impounded or revoked under clause (c) of sub-section (3) of section 10 of the said act;(b) confer power upon the central government or the designated officer to extend the said period of four weeks till the proceedings relating to variation, impounding or revocation of the passport or travel document under section 10 of the passports act, 1967 were concluded;(c) insert a new section 10b in the passports act, 1967, validating the intimations given, before the commencement of the passports (amendment) ordinance, 2001(ord 8 of 2001), by the central government or the designated officer to any immigration authority restricting or in any manner prohibiting the departure from india of any holder of the passport or travel document under sub-section (3) of section 10 of the passports act, 1967 2 before the promulgation of the ordinance, the concerned authorities were issuing"look out circulars" to prevent such persons from leaving the country3 the passports (amendment) bill, 2001 for replacing the said ordinance was introduced on the 22nd november, 2001 in the rajya sabha subsequent to the introduction of the said bill, a notice to move the following amendments to amend the bill was given on the 11th december, 2001, namely :—(a) to provide that every holder of the passport or travel document, in respect of whom an order under clause (a) or clause (b) of section 10a of the passports act, 1967 had been passed, shall be given an opportunity of being heard within a period of not later than eight weeks reckoned from the date of passing of such order and thereupon the central government may, if necessary by order in writing, modify or revoke the order passed under that section;(b) to withdraw the powers of the state governments to designate officers to suspend the passport or travel document under section 10a 4 the passports (amendment) bill, 2001 and the above amendments are pending in the council of states5 the passports (amendment) ordinance, 2001 (ord 8 of 2001) would have lapsed after the expiry of six weeks from the date of reassembly of parliament ie the 19th november,2001 in view of the prevailing security scenario and to provide continuity to the passports (amendment) ordinance, 2001 (ord 8 of 2001), the president was pleased to promulgate the passports (amendment) second ordinance, 2001 (ord11 of 2001) containing the provisions of the passports (amendment) bill, 2001 as introduced in the rajya sabha and also incorporating therein the above amendments6 the bill seeks to replace the said ordinancenew delhi;jaswant singhthe 25th february, 2002 rajya sabha————a billfurther to amend the passports act, 1967————(shri jaswant singh, minister of external affairs)mgip(plu)mrnd—5424rs—06032002 | Parliament_bills | 7439b583-8dcc-5609-b109-ebe2240cfb8e |
bill no 33 of 2017 the child nutrition and development nodal agency bill, 2017 by shri jyotiraditya madhavrao scindia, mp a billto provide for the constitution of a child nutrition and development nodal agencyfor operation and supervision of multi-sectoral programme in high, medium and low burdened districts in mission mode to identify and eradicate malnutrition amongst children; facilitate, coordinate and converge 'direct targeted interventions and schemes' as well as indirect multi-sectoral interventions' covering one or the other aspects of nutrition scheme presently functioning under various ministries of the government of india and the state governments and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinition2 in this act, unless the context otherwise requires,—5(a) "direct targeted interventions and schemes" means programmes being run by the central government with an object of eradication of under-nutrition amongst children including the integrated child development services (icds), the national rural health mission (nrhm), the mid day meal scheme (mdm), the rajiv gandhi scheme for employment of adolescent girls (rgseag) sabla and the indira gandhi matriyo sahayog yojana (igmsy);10(b) "district council" means the district nutrition advisory council constituted under section 6;15(c) "high, medium and low burdened districts" mean the districts designated by the nodal agency as the high, medium and low burdened districts based on the number of children under the age of fourteen who are considered malnourished in a district on the basis of height and weight and such other parameters as may be prescribed;20(d) "indirect multi-sectoral interventions" means schemes other than the direct targeted interventions and schemes being run by the central government, which in one or the other ways helps in eradication of under-nutrition amongst children including the targeted public distribtuion system (tpds), the national horticulture mission, the national food security mission, the mahatma gandhi national rural guarantee scheme (mgnregs) and the national rural drinking water scheme;(e) "institution of local self-government" means a 'municipality' or a 'panchayat'constituted under article 243q and 243b of constitution of india, respectively;25(f) "mission mode" means a malnutrition eradication mission programme launched under sections 4 and 5 of this act with predefined targets and specified timelines;30(g) "multi-sectoral programme" means a programme requiring involvement of multiple ministries under the central government, the state governments and the institutions of local self-government;(h) "nodal agency" means the child nutrition and development nodal agency constituted under section 3;(i) "prescribed" means prescribed by rules made under this act; and35(j) "state council" means the state nutrition advisory council constituted under section 5 chapter ii the child nutrition and development nodal agency403 (1) the central government shall, by notification in the official gazette, within three months of the coming into force of this act, constitute an agency to be known as the child nutrition and development nodal agency to exercise the powers conferred on and to perform the functions assigned to it under this act(2) the nodal agency shall consist of—constitution of a child nutrition and development nodal agency(a) a chairperson who shall have expertise of not less than ten years in matters relating to nutrition requirements and under-nutrition amongst children;45(b) one member representing the respective union ministry responsible for the "direct targeted interventions and schemes" and "indirect multi-sectoral interventions" with regard to nutrition amongst children;(c) one representative from the independent agency constituted undersection 7;(d) one representative of institutions of local-self government;5(e) one representative each from anganwadi workers (aww) of the ministryof women and child development, the accredited social health activists (asha)and the auxiliary nurse midwives (anm) of the ministry of health and family welfare; and(f) one representative of the national rural health mission,to be appointed by the central government in such manner as may be prescribed10(3) the headquarters of the nodal agency shall be at new delhi (4) the central government shall appoint such number of officers and staff as it may consider necessary for efficient functioning of the nodal agency15(5) the salary and allowances payable to, and other terms and conditions of service of the chairperson, members officers and staff of the nodal agency shall be such as may be prescribed chapter iii powers and functions of the child nutrition and development nodal agency4 the nodal agency shall—20powers and functions of nodal ageny(a) develop a mechanism for generating nationwide nutrition disaggregateddata based on data collected by the national family health survey, the integrated child development services and the state councils;25(b) classify each district in each state as high, medium or low burden districtand ensure direct targeted intervention to be first focused towards most vulnerable districts and areas in each state as per the classification;(c) set malnutrition eradication targets and timelines for each state under atargeted malnutrition eradication mission;30(d) coordinate and administer policy implementation amongst ministries ofgovernment of india responsible for implementation of both the 'direct targeted interventions and schemes' and 'indirect multi-sectoral interventions';(e) conduct monthly reviews with representatives of concerned ministrieswith regard to implementation of schemes relating to nutrition and development of children;35(f) conduct quarterly reviews and seek reports from each state council withregard to nutrition specific schemes under various ministries in all the states;(g) encourage and create awareness regarding best practices amongst differentstate to ensure effective implementation of nutrition specific schemes in different states;40(h) provide subject matter expertise and technical support for all multi-sectoralnutrition-related interventions to concerned ministries of government of india and state governments;(i) submit half-yearly progress report to the central government in such manneras may be prescribed;45( j) recommend to the central and the state governments with regard to theimplementation of this act and framing of rules and norms for registration and submission of reports as it may consider necessary; and(k) undertake such other functions as may be assigned to it by the central government, from time to time chapter iv state and district nutrition advisory council5establishment of state nutrition advisory councils5 (1) the state government shall, by notification in the official gazette, establish, with effect from such date as may be specified, a state council to be known as the state nutrition advisory council to exercise the powers conferred on and to perform the functions and duties assigned to it under this act(2) the state council shall consist of:—10(a) one representative from each district council constituted under section 6;(b) one representative each of anganwadi workers (aww) of the ministry of women and child development, the accredited social health activists (asha) and the auxiliary nurse midwives (anm) of the ministry of health and family welfare;15(c) one member representing the respective state ministry responsibile for both the "direct targeted interventions and schemes" and "indirect multi-sectoral interventions" with regard to nutrition amongst children in india;(d) one representative of the state rural health mission;20(e) one representative from the independent agency constituted under section 7working in the state responsible for monitoring of nutrition specific programmes and policies, to be appointed by the state government in such manner as may be prescribed(3) the state council shall—(a) collect district level data to fetch any nutrition specific state level data or information as required by the nodal agency;25(b) facilitate implementation of programmes and policies under various ministries as the state level through coordination with district council;30(c) set malnutrition eradication targets and timelines for each district on the basis of targets defined by the nodal agency for the entire state under the malnutrition eradication mission;(d) review challenges or impediments in implementation of policies and programmes for nutrition being run under different ministries in the state;(e) coordinate measures taken at district level through the district council;35(f) recommend and give suggestions to the nodal agency for effective implementation of the provisions of this act;(g) coordinate with agencies responsible for monitoring and supervision of nutrition specific programmes and policies at the state level;40(h) review suggestions given by field functionaries in the state including anganwadi workers (aww) of the ministry of women and child development, the accredited social health activists (asha) and the auxiliary nurse midwives (anm) of the ministry of health and family welfare; and(i) undertake any other functions as it deems necessary for carrying out the purposes of this actestablishment of district nutrition advisory councils6 (1) every state government shall, by notification in the official gazette, constitute for every district within the state a district council to be known as the_________________(name of the district) district nutrition advisory council for carrying out the purposes of this act5(2) every district council shall consist of one representative from each institutionof local-self government within that district, to be appointed by the state government in such manner as may be prescribed(3) the district magistrate or district collector shall preside over the sittings of the district council10(4) the district council shall—(a) consolidate data of institution of local-self government under its jurisdictionto fetch nutrition specific data as required by the state council;15(b) facilitate implementation of such programmes and policies under variousministries at the ground level for each household as identified for the district by the state council or the nodal agency to ensure effective convergence of relevant schemes for households;(c) set malnutrition eradication targets and timelines for each institution oflocal-self government on the basis of targets defined by the state council for a district under clause (c) of sub-section (3) of section 5;20(d) recommend and give suggestions to the state council; (e) coordinate with other agencies responsible for monitoring and supervisionof nutrition specific programmes and policies;(f) coordinate measures taken at institution of local-self government underits jurisdiction;25(g) ensure coordination amongst anganwadi workers (aww) of the ministryof women and child development, the accredited social health activists (asha) and the auxiliary nurse midwives (anm) of the ministry of health and family welfare dealing with malnutrition in each district;30(h) conduct awareness enhancement and capacity building programmes ineach district regarding malnutrition amongst children; and(i) undertake any other functions as it deems necessary for carrying out thepurpose of this act chapter v monitoring and supervision35monitoring and supervision7 (1) the nodal agency shall, by notification in the official gazette, appoint anindependent agency to monitor and supervise implementation of policies, programmes and activities at the ground-level under this act40(2) the independent agency shall conduct audit and establish monitoring mechanismsin consultation with the nodal agency to leverage mobiles, tablets and information and communication technology to collect robust data and bolster the monitoring system through cross-validation and data audits(3) the independent agency shall submit a six monthly report to the nodal agency in such manner as may be prescribed chapter vi publication of informationpublication of nutrition data8 the nodal agency shall make available to the public, the nutrition specific datathrough a website maintained by it, in such form and manner, as may be prescribed5 chapter vii child nutrition and development nodal agency fund9 (1) the central government shall, by notification in the official gazette,constitute a fund to be known as the child nutrition and development nodal agency fund for carrying out the purposes of this actchild nutrition and development nodal agency fund10(2) the central government shall, after due appropriation made by parliamentby law in this behalf, provide requisite sums to the fund for carrying out the purposes of this act chapter viii miscellaneous15submission of annual reports10 (1) the nodal agency shall, as soon as may be, after the end of each financialyear, prepare and submit to the central government in such form and manner a report giving an account of its activities during that financial year in such manner as may be prescribed20(2) the central government shall cause such report to be laid before each houseof parliament, as soon as may be, after it is submitted11 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect power to make rules12 (1) the central government may, by notification in the official gazette, makerules for carrying out the purposes of this act2530(2) every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsdespite thousands of crores of rupees being spent and a number of government schemes working towards child development, the status of health and nutrition of our children remains abysmal currently, all nutrition-specific and nutrition-sensitive schemes work in silos, and as a result, are not able to achieve the intended outcome therefore, the establishment of a nodal agency that will facilitate coordination of all ministries and departments and execute the schemes in a convergent manner is urgently required further, executing schemes in a "mission-mode" will allow for a focused, outcome-oriented approach with clear timelines for achievement of targets, especially in rural areas which need special attention the need is also to provide leverage budgets from related departments to develop an integrated plan with cross-sectoral collaboration to achieve nutrition-related targets the need of the hour is to involve all field functionaries in a productive manner consistent monitoring and evaluation of schemes using technological interventions and real-time data is utmost to improve the implementation and functioning of all schemes the proposed bill is a step to resolve some of the health and nutrition issues that currently plague the children of our nationhence this billnew delhi;jyotiraditya madhavrao scindiajanuary 9, 2017 financial memorandumclause 3 of the bill provides for the constitution of the child nutrition and development nodal agency clause 5 provides for state nutrition advisory councils by the state government clause 6 provides for the district nutrition advisory council by the state government clause 7 provides for appointment of independent agency by the child nutrition development and nodal agency to monitor and implement provisions of this act clause 8 provides that the nodal agency shall make available to the public, the nutrition specification data through a website maintained by it clause 9 provides for the constitution of a child nutrition and development nodal agency fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees thirty crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees ten crores is also likely to be incurred memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character ———— a billto provide for the constitution of a child nutrition and development nodal agencyfor operation and supervision of multi-sectoral programme in high, medium and lowburdened districts in mission mode to identify and eradicate malnutrition amongstchildren; facilitate, coordinate and converge 'direct targetedinterventions and schemes' as well as 'indirect multi-sectoralinterventions' covering one or the other aspects of nutritionscheme presently functioning under various ministries ofthe government of india and the state governmentsand for matters connected therewithor incidental thereto ————(shri jyotiraditya madhavrao scindia, mp)gmgipmrnd—4132ls(s3)—21022017 | Parliament_bills | f21b4af2-a6a7-5b1d-88e4-2c8c0fe21d09 |
bill no 19 01 1987 the appropriation bill, 1987 a billto provide for the authorisation of appropriation df 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 marth, 19115 in excess of the amounts granted for those s'ervices and for that year be it enacted by parliament in the thirty-eighth year of the republic of india as follows:-1 this act may be called the appropriation act, 1987 short title 2 from and out of the consolidated fund of india, the sums specified 5 in column 3 of the schedule, amounting in the aggregate to the sum of fifty-eight ('rores, fifty-nine lakhs, ninety-five thousand, two hundred and ten ,rupees shall be deemed to have been authorised to be paid and apj:lied to meet the amount spent for defraying the charges in respect of the services specified in column 2 of the schedule during the financial 10 year ended on the 31st day of march, 1985, in excess of the amounts eranted for those services and for that year issue of rs 58,59, 95,210 out of the consoli- dated fund of india to meet cer-tain ex-ceell ex-penditure for the year endeci on the 3jat day of maroh, 1886 appro priation 3 the sqms 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 apptopriated for the services and purposes expres- sed in the schedule in relation to the financial year ended on the 31st day of march, 1985 - --sorvieos and purposes 5 votcd~n excfu -chru;pd portion total 1 -no of wto rs rs rs 17 capital 20,22,80,919 capital ojlt~ on posts aois~ phl defence sorvicea-navy royonue 22,15,38,252 20 20,22,80,919 22,15,38,252 10 22 dorene" sorvices-pensions z7,sjiz7 27,53,727 revenue 39 rownue 3,41,61,16s currency, cain and mint 3,41,61,16s ,cbaudlprh s7 ilo\tenue 12,8q,ls,168 9; 98"3j 12,lo,w;tz01 40,78,334 s9 dadra and napr hayeli ltcvomue 40;78,334 94 atomic bneray ' rch, 1,68,613 1,68,612 deve1opgenlaq41ddustrlalprojocts revenue ~o total 58,20,74,038 1 i f9,31,173 s8;59,95,210 --------------------------------------------------------- statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india read with article 1150 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditul'e incurred in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march, 1985 b k gadhvi president's recommenda'fion under article 117 of the constitution of india[copy ot letter no f 4(117)-b (se) /86, dated the 23rd february, 1987 from shri b k gadhvi, minister of state in the department of expenditure in 1he ministry of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bin to provide for the authorisation of appropriation of moneys out of the colll'olidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 19850 in excess of the amounts granted for the said services and for that year recommended under clauses (1) and (3)' of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation bill, 1987, in lok sabha and also recommends to lok sabha the consideration of the bill a bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts 8~t on certain services during the financial year ended on the 31st day of march, 1987 in excess of the amounts granted for those services and for that year (shri b k gadhvi, minister of state in the department oj expenditure in the ministry of finance) | Parliament_bills | 8a40a1eb-eea5-58ae-8614-c9e78f00c23b |
memorandum regarding delegated legislationclause 3 of the bill seeks to amend section 33 of the indian medical council act, 1956 to insert therein clause (mma) which empowers the medical council of india, with the previous sanction of the central government to make regulations to provide for the modalities for conducting screening tests under sub-section (4a), and under the proviso to sub-section (4b), and for issuing eligibility certificate under sub-section (4b) of section 13 the matters in respect of which such regulations may be made relate to procedure and administrative details and it is not practicable to provide them in the bill itself the delegation of legislative power is, therefore, of a normal character annexureextracts from the indian mepical councu act, 1956 (102 of 1956) | | ||-------------|---------|| recognition | || of | medical |(3) the medical qualifications granted by medical institution outside india which are included in part if of the third schedule shall also be recognised medical qualifications for the purposes of this act, but no person possessing any such qualification shall be entitled qualifications granted by certain medical institutions whose to enrolment on any state medica! register unless he 1s a citizen of india and has undergone such practical training after obtaining that qualification as may be required by the rules or regulations in force in the country granting the qualification, or if he has not undergone any practical training in that country, he has undergone such practical training as may be prescribed, qualifications are not included in the first or second schedule (4) the central government, after consulting the council, may, by notificction in the official gazette, amend part ii of the third schedule so as to include therein any qualification granted by a medical institution outside india which is not included in the second schedule | | | | | ||------|------|------|------|------|33 the council may, with the previous sanction of the central government, make power to make regulationsregulations generally to carry out the purposes of this act, and, without prejudice to the generality of this power, such regulations may provide for— | | | | % | % ||------|------|------|------|-------| | Parliament_bills | ceab0c46-c248-5181-ba9d-36ee82075a1a |
bui no zoe of 1985 the llndustrlal development bank of ijndia (amendment) bill, 1985a blll further to amend the industrial development bank of india act, 1964 be it enacted by parliament in the thirty ixth year of the republic of india as follows:-1 this act may be called the industrial development bank of india short (amendment) act, 1985 title l~ ot 1964 5 2 in section 2 of the industrial development bank ot india act, 1964 amend-(hereinafter referred to as the principal act) ,-ment of (a) in clause (c) ,-section 2 (i) for sub-clause (iii), the following sub-clause shall be s'lbstituted namely:-"(iii) mining including development of mines;"; iu (ii) in sub-clause (v), for the words "by air", the words "by nir or by ropeway or by lift" shall be substituted; (iii) for sub-clause (vi), the following sub-clause shall be substituted, namely:-" (1,i) the generation, storage or distribution of electricity or any other form of energy;"; (it) in sub-clause (vijtj) for the word "machinery", the words "machinery or equipment" shall be substituted; (v) foi: sub-clause (i;r), the following sub-clause shall be substituted, namely:-"(i;r) the setting up of, or development of, an industrial area or an industrial estate;"; (vi) for sub-clause (xii) and the exp1ana~ below that 5 sub-clause, the following sub-clauses and erplanation shall be substituted, namely:-'(xii) providing engineering, technical, financial, management, marketing or other services or facilities for industry: 10 (xiii) service industry such as altering, ornamenting, polishing finishing, oiling, washing, cleaning or otherwise treating or adapting any article or substance with it view to its use, sale, transport, delivery or disposal; (xiv) providing medical, health or other allied services; 15 (xv) providing services relating to information technology telecommunication or electronics; (rvr) leasing, sub-leasing or giving on hire or hire-purchase of industrial plants, equipments, machinery or other assets including vehicles, ships and aircraft; :zo (xvii) such other activity as the central government may having regard to the objects of this act, by notification in the official gazette, specify in this behalf; or (xviii) the research and development of any concept, technology design, process or product whether in relation 25 to any of the matters aforesaid, including any activities specified under sub-clause (xvii), or any other matter ezpla1l4tion-the expression "processing of goods" includes any art or process for producing, preparing or making an article by subjecting any material to a manual, mechanical, chemical 30 electrical' or any other like operation'; (b) for clause (da) the following clause shall be substituted, namely:;; , '(cia) "nationalised bank" means a corresponding new bank specified in the first schedule to the banking companies (ac- 35 quisition and transfer of undertakings) act, 1970 or a corres-5 of 197ci pondin~ new bank specified in the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1980;' 40 at 1980 3 in section 3 of the principal act in subsection (4), the word "other" shall be omitted 40 4 • in section 4 of the principal act,-amendmentof section 3 amendmentof section4 (a) for the words "ode hundred crores of rupees" the words "one thousand crort's of mpees" shalt be substituted; (b) in the proviso, for the words "ftve hundred crores of rupees", the wents "two thousand erores of rupees" shall be substituted 4~ 5 in section 6 of the principal act, after sub-section (4), the following amendsub-spction shall be inserted, namely: -~t of section6 5 ii (4a) subject to the provisions of sub-section (4), every director nominated under sub-clause (iii) or sub-clause (v) of clause (e) of sub-section (1) shall hold office for such term not exceeding three years, as the central government may specify in this behalf" 6 in section 6a of the principal act, for clause (iii), the followin~ clause shall be substituted, namely:-10 62 of 1984 amendment of sec-"(iii) the industrial reconstruction bank of india, established lion 6a under section 3 of the industrial reconstruction bank of india act, 1984;" 7 in section fi of the principal act, in sub-section (1)-(a) after clause (c), the following clause namely:--shall be inserted, amendment of section 9 15 ii (ea) granting lines of credit or loans and advances to the industrial finallce corporation any state financial corporation or any other financial institution which may be notified by the central government in this behalf, for the purpose of any business of such corporation or institution;"; 20 (b) after clause (db), the following clause shall be namely:-inserted (de) granting loa~ and advances to any person for purposes of investment in any indw;trial concern;"; (e) after clause (g) the following clauses shall be inserted, namely:- (ga) granting, opening, issuing, confirming or endorsing letters of credit and negotiating or collecting bills and other do· cuments drawn thereunder; (gb) providing consultancy and merchant banking service~ in or outside india; (ge) acting as the trustee for the holders of debentures or other securities; 35 (gd) acquiring, with the approval of the central government, the undertaking, including the business, assets and liabilities of any institution the principal object of which is the promotion or development of industry in india, or the grant of financial assistance for such promotion or development;"; (d) in clause (ii), after the word "technical" the words ie, legal, marketiiu{" shall be inserted; (e) for clause (k), the following clause shall be substituted, namely:- "(k) promoting, forming or conducting or associating in the promotion, formation or conduct of companies subsidiariflll societies, trusts or such other associations of persons as it may deem at;" 45 3 after section lla of the principal act, the following section shall be inserted, namely:-insertion of new section 11b power to acquire rights 10 "ub the development bank shall have the right to acquire, by trallsier or assienment, the rights and interests of any public financial institution as defined fn section 4a of the companies act, 1958 5 1 of 1858 (including, any other rights incidental thereto) in relation to any loan or advances aranted, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any ipstrument or by the transfer of any instrument or in any other manner" amend· ment of bec-tion 18 t in section ie of the principal act, in sub-section (2), after the words, figures and letters "the 30th day of june each year", the words "or such other date, as the central government may by notification in the official gazette, appoint" shall be inserted a81eadmentof section 21 tt in section 21 of the principal act, in sub-seetio (2), after the 15 wards, filul," and letter "the 30th day of june each year", the words "or such other date, as the central government may, by notification in the of8cial gazette, appoint" shall be inserted 11 for section 34 of the principal act, the following section shall be substituted, namely:-loio "34 nothing contained in the banking reaulatton act, 1949 escept section 34;a ad section 36ad thereof, shall apply to the nelopment bank" substitution of section 34 act 10 of iim9 nottoapply to ne"elopment bank statement of objects and reasonsthe industrial development bank of india (the development bank) established under the industrial development bank of india act, 1964 is the principal financial institution for providing credit and other facilities for the development of industry, for coordinating the working of institutions engaged in financing, promoting or developing industries and for assisting the development of such institutions the development bank has been providing direct financial assistance to large and medium large industrial concerns and also providing help to small and medium industrial concerns through banks and state-level financial institutions in the light of experience gained over the years, it is felt necessary to make some new activities also eligible for financial assistance and to en-jarge the scope of business of the development bank to cover certain activities which the development bank could not take up in the absence of enabling provisions it is also felt necessary to enlarge tho! capital base so as to enable the development bank to cater to the growing volume of business it is also proposed to provide more operational ~exibility to the development bank to enable it to discharge more effectively its functions as the principal financial institution for the development of industries 2 the main proposals are as follows: (a) the present definition of 'industrial concern' as contained in the act does not include many important activities it is, therefore, proposed to widen the deftnition of 'industrial concern' so as to enable the development bank to provide financial assutanee to certain becton like storage of energy, development of mines, medical, health or allied services, leasing and sub-leasing activities, information technology, telecommunications and electronics it is also proposed to empower the central government to bring within the purview of the definition 'industrial concern' engaged in activities which may be found to be supportworthy (b) in view of the expanding volume of its business and the expected growth in the development bank's activities, it is proposed to raise the authorised capital of the bank from rs 500 crores to rs 1,000 crores which limit may be increased by the central government up to rs 2,000 crores by notification in the official gazette (c) it is proposed to enlarge the scope of business which the development bank can undertake by empowesing it to grant lines of credit or loans and advances, otherwise than by way of subscription to aharesldebentures, to industrial finance corporation of india, state financial corporations or any other financial institutions notifted by the central government, to grant loana and advances to any person for purposes of investment in any industrial project to open and advise letters of credi~ and to negotiate or collect bills and other documents drawn thereunder, to provide consultancy and merchant bank· ing services ill or outside india, to act as trustee for the holders of debentures and other securities and to provide for acquisition of business and undertaking of any other financial institution in view of these amendments the d(!velopment bank will be able to undertake these activities lind discharge its role as the principal financial institution (d) it is proposed to amend the act to enable the development bank to open offices even at the place where it has its head office (e) a new provision is sought to be inserted to enable the deve-,lopment bank to purchase the participation certificates under the participation certificate scheme operated by !dbi, ifci and icier providing for a single window clearance of the proposals for setting up an industrial unit, and speedy availability of funds for the project <f) presently, the directors nominated by the central government fr(\m amnngst the employees of the development bank and the financial institutions and persons having special skills and experience hold office during the pleasure of the central government it is proposed to provide that such members shall hold office for such 'term not exceeding three years as the central government may specify (g) the accounting year of the development bank at present is from 1st july to 30th june it is proposed to amend the act to provide flexibility to the development bank to change the accounting year, 'if need be 3 it is also proposed to make certain other minor and consequential amendments in the act 4 the bill seeks to achieve the above objects nzw dam: vishwanath pratap singh dated the 13th december, 1985 financial memorandumthe authorised and paid-up capital of idbi is rs 500 crores and rs 445 crores respectively, at present clause 4 of the bill seeks to increase the authdrised capital of the industrial development bank of india (lobi) from five hundred crores of rupees to one thousand crores of rupees, with an enabling provision to increase it to rupees two thousand crores by notification the proposed amendment would enable the central government to fix the authorised capital of the idbi by notification from time to time taking into account the actual requirements, within the !?!'escribed limit or two thousand crores of ruj>ees the central government alone is empowered to subscribe to the share capital of the lobi as per the idbi act the central government will, therefore, be required to subscribe to the share capital of the idbi to the extent of the enhanced amount of paid-up capital as may be fixed from time to time this would be a non-recurring expenditure from the consolidated fund of india the outgo of funds would be to some extent offset by the profit transferred annually by the idbi to government of india in 1984-85, the lobi transferred an amount of rupees thirty-two crores to the government of india 2 the bill would not involve any other recurring or non-recurring expenditure annexure extracts fbok the lndtj's'l'iual dilvillopmi:nt bunt of indu n;t, 1964(18 of 1964) - - - - - z in this act, unless the context otherwise requires,- - - - ' (c) "industrial concern" means any concern engaged or to be engaged in,-- - - - - (iii) mining; - - - - - (v) the transport of passengers or goods by road or by water or by air; (m) the generation or distribution of electricity or any form of power; (vii) the maintenance repair, testing or servjcmg of machinery of any description or vehicles or vessels or motor boats or trailers or tractors: - - - - - (ix) the development of any contiguous area of land as an industrial estate; - - - - - (xii) the research and development of any process or product in relation to any of the matters aforesaid explanation-the expression "processing of goods" includes any art or process for producing, preparing or making an article by subjecting any material to a manual, mechanical, chemical, electrical or any other like operation - - - - - 5 of 1970 (cia) "na~ionalised bank" means a corresponding new bank specified in the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970; - - - - - 3 (1) - - - - (4) the development bank may establish ofllces, branches or agencies at any o1her place in or outsiae india esta-· blishment and incorporation of industrial development bank otlndia 4 the authorised capital of the development bank shall be one hundred crores of rupees: authorised : capital provided that the central government may, by notification in the oftidal gazette, increase the said capital up to five hundred crores of rupees - - - - - finaneial institution 6a each of the institutions specified in this section, and no other institution, shall be regarded, for the purposes of this chapter, as a financial institution, namely:-- - - - - 10f 1956 (iii) the industrial reconstruction corporation of india limited, formed and registered under the companies act, 1956; - - - - - business of development bank 9 (1) the development bank shall function as the principal financial institution for co-ordinating the working of institutions engaged in financing, promoting or developing industry and for assisting the development of such institutions in such manner as it may deem appropriate and may carryon and trarisact any of the following kinds of business, namely:-- - - - - - (i) providing technical and administrative assistance to any industrial concern or any person for promotion, management or expansion of any industry; - - - - - (k) forming or conducting of subsidiaries for carrying out its functions; - - - - - ]8 (1) - - - - - (2) the board shall cause the books and accounts of the fund to be closed an\"! balanced as on the 30th day of june each year - - - - - accountsand audit of dcvclopment assistance fund 21 (1) - - - - - prepa-ration of ac-counts and ba-lance-sheet (2) the board shall cause the books and accounts of the develop-ment bank to be closed and balanced as on the 30th day of june each rear - - - - - 34 nothing contained in the banking companies act, 1949, except section 34a thereof, shall apply to the development bank - - - - - act 10 of 1949 not to ap-ply to deve-lop ment bank a bill further to amend the industrial development bank of india act, 1964 (shri vishwanath pratap srngh, minister of finance) | Parliament_bills | 9faedb12-56ca-5e79-8bb6-dc6e6fc7a431 |
2 1 dec l;~j }~7(~) j4--j'~~j , bill, fo of i"'" ",~~;, ~;~1i" tim advocates (amendment) bill, 1963 a billfurther to amend the advocates act, 1961 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 this act may be called the' advocates (amendmellt) act short 1963 title 2s of 1961 s 2 in section 4 of the advocates act, 1961 (hereinafter referred ameadto as the principal act), after sub-section (2), the following sub- ment of section shall be inserted, namely: -section 4 ii (3) the term of ofllce of a member of the bar council of india elected by a state bar council shall be for the period for 10 which he holds office as a member of the state bar council, and every such member shall continue to hold oftlce as a member of the bar council of india until his successor is elected: provided that where a member of a state bar council who holds office ex-of]icio is so elected, the term of his office shall j 5 be two years from the date of his election " 3 in section 8 of of the principal act,-amendmentof (i) for the words "bar council", the words "state bar section 8 council" shall be substituted; (ii) for the words "elected to each such council", the words, 20 brackets and figures "elected to each such council (reconstitut ed on the expiry of the term of office of the elected members of the state bar council under section 54)" shall be substituted • in section 9 of the principal act,-amendmentof aection9 (0 in sub-section (1), for the words clfive", "tbra" and cltwo shall be persons", the words iithree", "two" and "one 811all be a person" shall respectively be substituted; (ii) for bub-section (2), the following sub-sections shall be s substituted, namely:-ii (2) the bar council of india shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the council from amongst its members and one shall be a 10 persod elected by the council from amongst advocates who are not members of the council (3) notwithstanding anything contained in sub-section (1) or sub-section (2), any disciplinary committee constituted prior to the commencement of the advocates (amend- is ment) act, ]963 may dispose of the proceedings pending before it ~g if those sub-sections had not been amended by the said act" 5 after section 10 of the principal act, the following section shall be inserted, namely:-20 insertion of new leetion loa dilqualiflcation of membel'l of bar council "loa an elected member of a bar council shall be deemed to have vacated his ofdce if he is declared by the bar council at which he is a member to have been absent without sufficient excuse from three consecutive meetings of such council, or if hjs name is, for any cause, removed from the roll of advocates" 25 amendmentof aectlon 15 amend mentof seet10n 18 8 in section 15 of the principal act, in sub-section (2) ,-j (i) for clause i a), the following clause shall be substituted, namely:-"(a) the election of members of the bar council including the conditions subject to which persons can exoer- 30 else the right to vote, the manner in which election shall be held rmd the manner in which results of election shall be published;" (it) in clause (e), for the words "bar council", the words "state bar council" shall be substituted 35 7: in section 16 of the principal act, in sub-section (4), the following proviso shall be inserted, j)amely:--pzovided that where any such senior advocate makes an appucation before the 31st december, 1964 to the bar council maintaiding the roll in which his name has been entered that 40 he does not desire to continue as a senior advocate, the bar council may grant the application and the roll shall be altered accordingly" 8 in section 18 of the principal act, in sub-section (1), the fol- amend-s lowing proviso shall be inserted, namely: -ment of selction 18 "provided that where any such application for transfer is 10 made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the bar council of india that the application for transfer has not been made bona fide and that the transfer should not be made, the bar council of india may, after giving the person making the application an opportunity of making a representation in this behalf, reject the application" i in section 20 of the principal act, in sub-section (3), for the amend-is words "entries in each part of the common roll shall be in the order mentot of seniority and such seniority shall be determined as follows", the section 20 words "entries in each part of the common roll shall be maintained in such manner as the bar council of india thinks ftt and the seniority of an advocate on the common roll shall be determined as 20 follows" shall be substituted 10 for section 22 of the principal act, the following section shall su t b&t!tu-ion 0 be substituted, namely: -new section for "22 there shall be issued a certificate of enrolment, in the section 22 prescribed form,-certificate (i) by the state bar council to every per80d whose ot enrolname is entered in the roll of advocates maintained by it mento under t~ a£tj and (ii) by the bar council of india to every person whose name is entered in the common roll without his name having already been entered in any state roll" 30 11 in section 24 of the principal act,-amendmentot section 2 • (a) in sub-section (1) ,-35 (i) in clause (c) ,-(a) in sub-clause (iii), the words "or elsewhere" shall be omitted; (b) after sub-clause (iii), the following sub-clause shall be inserted, namely:-"(iv) in any other case, from any university outside the ten-itory of india, if the degree u 1'8-cognised for the purposes of this act by the bar council of india; or"; (ii) in clause (d)-(a) - the words clafter such training" shall be omittehi: s (b) in the proviso, for paragraph (i) ,the following paragraph shall be substituted, namely:-"(i) a person who has obtained a degree in law from any university in india before the 31st day of december, 1963 or a barrister who was qualified 10 as such before the said date or a barrister who, having qualified after that date, has received such practical training in law as may be recognised in this behalf by the bar council of indiaj"; (b) in sub-section (2),- is (i) the words "or who is not a law graduate but was entitled to be enrolled as an advocate of a high court immeciiately before the appointed day under any law then in force,", shall be omitted; (c) after sub-section (2), the following bub-section shall 20 be inserted, ~amely:-ci (3) notwithstanding anything contained in bub-section (1), a person who-(a) before the 1st day of december, 1963-(i) has been an attorney of any high court 2s or has been an advocate on the roll of the court of judicial commissioner in any union territory under any law in force in that territory; or (ii) was entitled at any time to be enrolled under any "law then in force as an advocate of a 30 high court (including a high court of a former part b state) or of a court of judicial commissioner in any union territory, or (iii) has been a pleader for at least five years; or (b) before the 15th day of august, 1947, has been 3s an advocate of any high court in any area which wu comprised within india as defined in the government of india act, 1985: or (c) before the 1st day of april, 1937, has been an advocate of any high court in any area which was cold-prised witlrln burma as defined in the govermnent of india act, 1935, 5 may be admitted as an advocate on a state roll if he-(i) makes an application for such enrolment in accordance wiiil the provisions of this act not later than the 311t day of december, 1964; and 10 (ii) fulfills the conditions specified in clauses (a), (b), (e) and (1) of sub-section (1) 12 in section 26 of the principal act, in sub-section (1), after amend the words, brackets and figures "sub-sections (2) and t3)", the men:t of words "and to any direction that may be given in writing by the section 26 state bar council in this behalf" shall be inserted is 13 in section 28 of the principal act, in clause (b) of sub-section amend (2), the words "after such training" shall ,be omitted ment of section 28 20 14 in section 35 of the principal act, after sub-section (5), the amend following explanation shall be added, namely:-ment of "expzanation-in this section, the expressions "advocate- section 35 general" and "advocate-general of the state" shall, in relation to the union territory of delhi, mean the additional solicitor-general of india" 15 in section 54 of the principal act,-amend of india and" shal1 be ment of seotionm (i) the words "the bar council omitted; (ii) the following proviso shall be inserted, namely:-"provided that such members shall continue to hold otlice until the state bar council is reconstituted in accordance with the provisions of this act", 30 16 in section 58 of the principal act, in sub-section (4), for the amend· words "the issue and renewal", the words "the renewal or the issue ment of section 58 by way of renewal" shall be substituted 17 after section 58 of the 'principal act, the following sections 1nieition'-shall be inserted, namely: _ of new section 58aand 58b 3s "58a (1) notwithstanding anything contained in this act, sp~~ provlilona all advocates who, immediately before the 26th day of july, 1948, with res were entitled to practise in the high court in allahabad or the peet to chief court in oudh and who under the provisions of the united certain acivocatel provinces high courts (amalgamation) order, 1948 were recognised as advocates entitled to practise in the new high court of judicature at allahabad but whose names were not formally entered on the roll of advocates of that high court merely by reason of the non-paym-ent of the fee payable to the bar council s of the said high court shall, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of the said high court undel' the indian bar councils act, 1926 and every such person may, 38 of 1928 on an application being made in this behalf, be admitted as an 10 advocate on the state roll of uttar pradesh special provision relating to certain disciplinary proceeding • -(2) notwithstanding anything contained in this act, all advocates who, immediately before the 10th day of october, 1952 were entitled to practise in the high court of hyderabad but whose names were not formally entered on the roll of advocates is of that high court merely by reason of the non-payment of the fee payable to the bar council of the said high court shall, for the purposes of clause (0) of sub-section (1) of section 17, be deemed to' be persons who were entered as advocates on the roll of the said high court under the indian bar councils act, 192620 38 of 1926 and every such person may, on an applioation being made in this behalf, be admitted as an advocate on the state roll of andhra pradesh (3) notwitbstandi!lg anything contained in this act, all advocates who, immediately before the 1st dey of may, 1960 were 2s entitled to practise in the high court of bombay and who applied to get their names entered on the roll of advocates of the high 38 of 1026 court of gujarat under the provisions of section 8 of the indian bar councils act, 1926 but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes 30 of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of the high court of gujarat under the said act and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of gujarat 3s 58b, (1) as from the 1st day of september, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a high court shall, save as provided in the firsl proviso to sub-section (2), be disposed of by the state bar council in relation to that high court, as if the existing adve- 40 cate has been enrolled as an advocate on its roll (2) if immediately ·before the said date there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any high court under the indian bar councils act, 1926, such proceeding hall stand trana 4' 38 of 1i~38 ~ ferred to the state bar council in il'elation to that high court, as if it were a proceeding pending before the corresponding bar council under clause (c) of sub-section (1) of section 56: 88 of 1928 provided that where in respect of any such proceeding the high court has received the finding of a tribunal constituted under section 11 of the bar councils act, 1926, the high court shall dispose of the case and it shall be lawful for the high court to exercise for the purpose all powers conferred on it under section 12 of the said act as if that section has not been repealed: 10 is provided further that where the high court has referred back any case for further inquiry under sub-section (4) of section 12 of the said act, the proceeding shall stand transferred to the state bar council in relation to that high court as if it were a proceeding pending before the corresponding bar council under cleuse (c) of sub-section (1) of section 56 20 (s) if immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil or attorney, who has been enrolled as an advocate on any state roll under the act, such proceeding shall tand transferred to the state bar council on the roll of which he has been enrolled and be dealt with under this act as if it were a proceeding arising against him thereunder 25 38 of 1926 (4) in this section "existing advocate" means a person who was enrolled as an advocate on the roll of any high court under the indian bar councils act, 1926 and who, at the time when any proceeding in respect of any disciplinary matter is initiated against him, is not enrolled as an advocate on a state roll under this act (5) the provisions of this section shall have eftect, notwithstanding anything contained in this act" statement of objects and reasonsthe working of the advocates act, enacted in may, 1961, has revealed certain practical difficulties and representations in this behalf have been received from various state bar councils and other associations the bar council of india has also suggested certain amendments to the act difficulties were being experienced mainly in regard to the functioning of the bar councils and the committees thereof and also in regard to the enrolment as advocates of certain classes of persons who may not fall strictly within the scope of sections 17 and 24 of the act 2 it is considered necessary that the act should be suitably amended for removing such difticulties and for fecilitating the implementation of its provisions the principal amendments proposed in the bill are-(1) that the term of oftlce of a member of the bar council of india elected by a state bar council should normally be for the same period for which he holds oftlce as a member of a state bar council; (2) that the bar council of india should be empowered to form more than one disciplinary committee, and that the disciplinary committee of a bar council should consist of three members only; (3) that the bar council of india should be empowered to refuse, in suitable cases, the applications for the transfer of the name of an advocate from one state roll to another; (4) that the bar council of india should be permitted to prepare and maintain the common roll in such manner as it thinks ftt; (5) that certain categories of persons who may not at present be entitled to be enrolled as edvocates should be so entitled; (6) that the state bar council should have more effective control over its enrolment committees; and (7) that the disciplinary jurtsdiction of state bar counci1l mould bft extended to certain proceedings which are not at present covered by the act 3 the bill seeks to achieve these objects opportunity hal ala been taken to make certain other amendments of a minor character \ 4 the notes on clauses appended to the bill explain the provisions thereof new delhi: the 7th december, 1963 a it sen clauses 2, 3 a7id is-these clauses seek to amend sections 4, 8 and 54 of the act under section 8 of the act the term of oftice of elected members of the bar council of india and of state bar councils is six years, and one-third of the members has to retire on the expiration of every second year the bar council of india consists mainly of elected representatives of states bar councils, and the principle of rotation which has been introduced, ·both in the bar council of india and the state bar councils; may enable a member of the bar council of india to continue in oftice even after he has ceased to be , member of the state bar council this is an anomalous position cla~e 2 seeks to amend section 4 to provide that the term' of office of a member of the bar council of india elect~ by a state bar council should be for the sa~e period for which he holds oftice as a member of a state bar council it further provides that where the advocrte-general of a state who is an ex ofjicio member of the state bar councll, is elected to the bar council of india, he should hold office for two years only from the date of his election the existing section 8 provides for the term of office of members of the bar council of india as also of the state bar councils in view of the amendment made by clause 2 relating to the term of oftice of the members of the bar council of india clause 3 restricts the application of this section to state bar councils only under section 54 of the act, the term qf office of elected members of a state bar council constituted for the ftrst time is two years clause 3 (ii) seeks to make it clear that the provisions of section 8 shall apply to a sta~ bar council when it is reconstituted on the expiry of the term of oftice specifted in section 54 in view of the amendment made to section 4, the provil'lions of section 54 have also beoen restricted to state bar councils only the' elp-mion to the vrrious state bar councils may not be complete before the expiry of the term of their members under sectlen 54 to overcome this difficulty it has been provided in clause 15 that the elected members of a state bar council shall continue to hold office until it is reconstituted in accordance with the provisions of the act clause 4-under section 9, the disciplinary committee of a bar council is to consist of five members it is felt that this makes the ~ommittee unwieldy the sirength of the committee is therefore proposed to be reduced to three it is further considered desirable that the bar council of india should also have the power to constitute more than one disciplinary committee section 9 is being amended for the purpose cl(juae 5-there is do provision in the act relating to disqua, lification of members the proposed section loa specifies the circumstances under which an elected member of a bar council shall be deemed to have vacated his office clause 6-section 15 deals with the power of a bar council to make rules this clause seeks to amend this section to make it clear that the rules may lay down the conditions subject to which persons can exercise the right to vote clause 7-by virtue of sub-section (4) of section 16 of the act, the advocates of the supreme court who were senior advocates on 1st december, 1961 automatically became senior advocates under the act the senior advocates are subject to certain restrictions in the matter of practice as prescribed by the bar council of india it is proposed to give such advocates an option to relinquish their status as senior advocates and become ordinary advocates of the supreme court czauae b-sectiod 18 of the act provides for the transfer of the name of an advocate from one state' roll to another when a person makes an application for such transfer, the bar council of india has no· discretion in the matter and it has to issue necessary directions for such transfer there may be cases where the transfer of the name of a person from one state roll to another is undesirable and the bar council of india should be empowered to reject an application for transfer in suitable cases, after giving the applicant a reasonable opportunity of representing his case this clause seeks to amend the section for the purpose c'l4uae 9-under section 20 of the act, the bar council of india has to prepare and maintain a common roll of advocates in the order of seniority the bar council of india has pointed out that prepa~ ration of the common roll after fixing inter be seniority of advocates all over india will be a laborious task and that the preparation of tbe eommon roll may therefore ·be delayed this clause seeks to amend iec:tlon 20 to enable the bar council of india to decide the manner in which the coi'qjd8ll rou ihall be maintained: cz4uae 10-section 22 deals with the issue of certi1icate of ~ilrol· ment in eases where the state bar councils have issued the certificates of enrolment, there may be no necessity for the bar council of india to issue a ~resh certificate again this clause seeks to amend the· 1kti0d to that effect cia"" ll-section 24 of the act prescribes the qualiflcauons which a person is required to possess for enrolment as new advocates it haa been brought to the notice of government that certain classes of persons who were treated as advocates or who were entiued to be enrolled as advocates before the commencement of chapter iii of the advocates act would not stricuy fall within the leope of section 24 it is also considered necessary to enlarge the 1c0pe of section 24 to cover certain other classes of persons as well who by reason of their training or experience should be eligible for enrolment whether they are law graduates or not the proposed sub-section (3) of section 24 specifies the various classes of persons who should be entiued to be enrolled as advocates they are as follows:-(i) advocates on the rou of judicial commlssionel'l' courts, (ii) attorneys of high courts, (iii) advocates of the chief court of sind before l~th august, 1947, (iv) advocates of rangoon high court before 1st april 1937, (v) all persons who were entitled to be enrolled as advocates of a high court (including a high court of a former part b state), or of a judicial commissioner's court, and (vi) all pleaders who have put in five years of practice before 1st december, 1963 the act was amended by act 32 of 1962 exempting law graduates who passed the final law examination before the 28th february, 1963, from undergoing training and passing the examination conducted by the bar council since the necessary arrangements for the implementation of the scheme of training could not be completed by au the state bar councils, it is proposed to extend the said period of exemption from 28th february, 1963 to 31st december, 1963 it is also proposed to enable the law graduates to pus the examination even during the course of training other amendmmu 11' of - elarij\eatorj' utureclauae l~-section 10 of the act provides for the constitution of an enrolment committee and section 26 deals with the functions of the enrolment committee as a committee of the state bar council, the enrolment committee should carry out the functions subject to any rules that may be made or any directions that may be given by the bar council this clause seeks to amend section 26 10 make the position clear clause 16-as the act provides for one class of legal practitioners only, namely, advocates, it is proposed to make it clear that under section 58 (4), there should not be any fresh enrolment of pleaders or other class of legal practitioners certificates may, however, be issued to existing legal practitioners by way of renewal clause l7-the chief court of oudh and the high court of allahabad were amalgamated by an order made in 1948 and a new high court of allahabad was constituted the advocates of both the high courts were recognised as advocates of the new high court but they were required to pay ten rupees each for enrolment as advocates in the new high court many advocates did not pay this amount and they were not formally enrolled as advocates of the new high court a like situation has arisen in respect of certain advocates of the former state of hyderabad as well similarly on the reorganisation of the bombay state in may, 1960 a new high court of gujarat was constituted and many of the advocates of the bombay high court who opted for gujarat could not get themselves enrolled within the prescribed time it is necessary to make suitable provision to enable these persons to get enrolled as advocates proposed new section &sa is intended to achieve this purpose - chapter v of the act deals with disciplinary jurisdiction of the bar councils and it has been brought into force from 1st september, 1963 under the chapter, a disciplinary committee of a state bar council can take action only against those advocates who are on the state roll the state rolls are not complete and there are many advocates who -have not yet been enrolled as advocates under the new act it is necessary to make suitable provision relating to disciplinary matters in respect of them it is also necessary to make suitable provision for the disposal of disciplinary proceedings pending at the commencement of chapter v a removal of difficulties order was issued at the time of enforcement of that chapter it is proposed to incorporate the provisions of that order in the act 10 that the validity of the order may not be chal1anged in a court of law proposed new liection 58b ill intended to achieve the purpose memorandum regarding delegated legisiattonclause 6 of the bill seeks to amend section 15 of the act, whick deals with the rule making power of the bar councils it is proposed to make it clear that the rules may also lay down the' condi· tions subject to which persons can exercise the right to vote clause 9 purports to amend section 20 of the act leaving it to the bar council, of india to decide the manner in which the common roll han be maintained the delegation of legislative power is of a normal character - ' - (25 or 1961) - - - - 8 the term of oftlce of the elected members of a bar counef1 j::::t shall be six years, but as nearly as possible one-third of the mem; m(mben of bers first elected to each such council shall retire on the expiration bar cowlciii of every second year in the prescribed manner, and the vacancies 80 <:aused shall be filled by the election of new members in the prescribed manner t (1) a state bar council shall constitute one or more djscipun- ~~:!::" ary committees, each of which shall consist of five persons of whom three shall be persons elected by the, council from amongst its members and two shall be persons elected by the council from amongst advocates on its roll 'yho are not members of the council (2) the bar council of india shall constitute a disciplinary committee consisting of five persons of whom three shall be personl elected by the council from amongst its members and two shall be persons elected by the council from amongst advocates on the common roll who are not members of the council - - - - - - u (1) - - - - power to makerujel (2) in particular and without prejudice to the aenenut, of the foftloldg power, such ruleti1 may provide for-(a) the manner in which the election of members of the bar council shall be held add the mann~ in which results of elections shall be publlahed; - - - - - (e) the manner in which the order of retirement by rotation of the members of the bar counell shall be determined; - - - - - is iediotidd other lid,o-c&tea ii (1) - - - -- (4) an advocate of the supreme court who was a senior advocate of that court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate - - - - - :tm°f 18 (~) notwithstanding anything contained in section 17, an), ode state person whose name is entered as an advocate on the roll of any !,!dthe to state bar council may make an application in the prescribed form _0 r to the bar council of india for the transfer of his name from the roll of that state bar council to the roll of any other state bar council and, on receipt of any such appucation the bar council of india shall direct that the name of such person shall, without the payment of any fee, be removed from the roll of the first mentioned state bar council and entered in the roll of the other state bar council and the state bar councils concerned shall comply with such direction - - - - - coaunoo roll of lidoeatn it (1) - - - - - (3) entries in each part of the common roll shall be in the order of seniority and such seniority shall be determined as follows:-- - - - - certificate of n there shall be issued a certificate of enrolment in the pres-:arolment cribed form to every person whose name is entered in any rou of advocates maintained under this act - - - - - pe1'lolll who h (1) subject to the provisions of this act, and the rules made =i~1 thereunder, a person shall be quauaed to be admitted as an advocate advoc&tcl oil on a state roll, if he fulfils the following conditions, namely:-a state roll _ - •••• (c) he has obtained a degree in law-- - - - - (iii) after the 28th day of february, 1963, from any vniversity in the territory of india or elsewhere, if the degree is recognised for the purposes of this act by the bar council of india; or be fa - barrister; (d) he has under gone a course of training in law and paued an examination after such training both of which shall be prescribed by the state bar council: ~ded that this clause shall not apply to-(i) a barrister who has received practical training in england or a person who has obtained a degree in law from any university in india before ~e 28th day of february, 1883; - - - - - (2) notwithstanding anything contained in sub-section (i), a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entitled to be enrolled as an advocate of a high court immediately before the appointed day undef" any law then in force, may be admitted as an advocate on a state roll if he-- - - - - zi (1) a state bar council shall refer every application for ad~ diapglal jlcati of -~ d ~ ~ ££&uild1oil as an a vocate to its enrolment committee, and subject to for 1idmi the provisions of sub-seclions (2) and (3), such committee shall ::so:c:: dispose of the application in the prescribed manner - - - - - powertd mlkcnaja ii (1) - - - - - (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- - - - - (b) a course of practical training in law and the examination to be pueed after such training for admission as an advocate' on the roll of the bar council; - - - - - chapter v conduct of' advocatils35 (1) where on receipt of a complaint or otherwise a state bar punihment eouneu has reason to believe that any advocate on its roll has been 1!:=~ guuty of professional cir other misconduct, it shall refer the case for codduct disposal to its dibclplinary committee (2) the dillclpunary committee of a state bar council, if it does not summarily reject the complllnt, shall ftx a date for the hearing pf the case and shall cause a notice thereof to be given to the advo cate concerned and to the advocate general of the state (3) the cuaciplin8ry committee of a state bar co\idcil after giving the advocate concerned and the advocate-general an opportunity of being heard, may make aay of the following orciers, namely:-~, (4) dildlisa the complaint or, where the proceedings were id1tiated at the instance of the state bar couddl, c:tjrect that the proceedings be 1ued; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may 4eem at; (d) remove the name of the advocate from the state roll of advoeates (4) where an advocate is suspended from practice under dauie '(c) of sub-secuon (3), he shall, during the period of suspeilgon, be debaited from practising in any court or before any authority or person in india (5) where any notice is issued to the advocate-general under sub-aeetion (2), the aclvoeate-general may appear befean the eli-ciplhw'y eoemniitee of the &ate bar coudcil either m pei'8dil gi' through any advocate appearing on hia behalf - - - - ':~f st notwithstanding anything contained in thia act, the term of ~~~ot' oftlce of the elected members of the bar coudcil of india and - state ~~ f bar council constituted for the first time, ihall be two yean fram lacsia ad the date of the first ineetidg of the councll state bar couiicili - - 18 (1) (4) notwithstanding the repeal by sub-section (2) of section 50 of the provisions of the legal practitioners act, 1879 or of the bombay 18 of i 7'· pleaders act, 1920, or of any other law relatin, to the admission and enrolment of legal practitioll9fi, the provisions of the acts and law bomba, act aforesaid and any rules made thereunder in so far as they relate to ~~ of the issue and renewal of - cert1tkate ·to a legal practitioner authoris- iug him to practise shall have effect until ch~pter iv comes into force and, accordingly, everycex:tiftcate issued or ren~ed to a legal practitioner (who is not enrolled as an advocateuncler this aet) which is or purports to be issijed or renewed mder the provi:s1ons of either of the aforesaid acts or of the other law during the period begl!l!ling with the 1st day of december, 1961 and endlng with the date on wlrlch chapter iv' comes into force, shall be deemed to haft been validly iiined cii' renewed a bill funber to amead the advocates act, 1961 (shri asoke k s"" minister of l4fjj) statement giving brief reasons for the - withdrawal of the advocqtes (amendment) bill, 1963 introduced in the lok a,bha on the 21st decemberj 1963 since the introduction of the advocqtes (amendment) bill, 1963, representations have been received from the b~r council of indir and other bodies and individu~ls suggesting sever~l qmerdments to the advoc at as act the ronendmcn ts suggested would be outside the scope of the bill now pending before p~rlirment in the circumstances, ~t is proposed to withdraw the bill now pending before parli~ment on the ground th~t th€ bill is to be replacod by q more comprehensive bill which will include, in addi tion to the previsions contained in the pending bill, other romendcents to the advocrtes act new delhi, april 10, 1964 hk sen , minif)ter of ltlw | Parliament_bills | dc1eb5bd-b747-5e39-8ec8-5dec6e499500 |
bill no 77 of 2014 the ancient monuments and archaeological sites and remains (amendment) bill, 2014 by shri at nana patil, mp a billfurther to amend the ancient monuments and archaeological sites and remains act, 1958be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the ancient monuments and archaeological sites and remains (amendment) act, 2014short title and commencement24 of 19582 in section 20a of the ancient monuments and archaeological sites and remains act, 1958 (hereinafter referred to as the principal act), in sub-section (1),—amendment of section 20a(i) for the words "one hundred meters", the words "fifty meters" shall be substituted; and(ii) the proviso shall be omitted3 in section 20b of the principal act,—amendment of section 20b(i) for the words "two hundred meters", the words "one hundred meters" shall be substituted; and(ii) the first proviso shall be omitted5amendment of section 20c4 in section 20c of the principal act, in sub-section (1), for the words, "before the16th day of june, 1992", the words, "on the date of coming into force of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010,"shall be substituted105 in section 20-i of the principal act, in sub-section (1), after clause (b), the following clause shall be inserted, namely:—amendment of section 20-i"(ba) prepare plans for beautification, renovation and development of ancient monuments and archaeological sites and upgradation and creation of infrastructural facilities in and around the ancient monuments and archaeological sites"156 after section 20q of the principal act, the following section shall be inserted, namely:—insertion of new section 20r"20r the central government shall make available adequate funds for development of all monuments and archaeological sites and for creation and upgradation of infrastructure at such sites, as recommended by the authority under clause (ba) of sub-section (1) of section 20-i"central government to provide funds for development of all monuments and archaeological sites statement of objects and reasonsthe ancient monuments and archaeological sites and remains act, 1958 was amended in 2010 which came as a shock to thousands of people owning properties near monuments and sites covered under the act with the coming into force of the act, thousands of people can no longer construct or repair or renovate their properties because of the restriction imposed by the act on any such activity within the stipulated distance from the monumentsseveral public projects have come to standstill or have been disallowed due to restrictions imposed under the act on the one hand people are suffering because they are not allowed to undertake any construction activity and on the other hand public works have been stalledthere are thousands of monuments in our country which are lying in a dilapidated condition they are misused by anti-social elements for illegal activities a situation has arisen that these monuments are neither improved nor used for any purpose nor any construction activity is allowed near the monuments it is accordingly proposed to renovate/ upgrade facilities in these sites so as to exploit their tourism potential the bill seeks to amend the act, with a view to relax the restrictions imposed under the act so as to mitigate the difficulties faced by the peoplehence this billat nana patilnew delhi;june, 27, 2014 financial memorandumclause 6 of the bill provides that the central government shall make available adequate funds for preparing plan for beautification, renovation, development, upgradation, creation of infrastructural facilities in and around ancient monuments and archaeological sites the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five thousand crore per annuma non-recurring expenditure of about rupees one thousand crore is also likely to be involved annexure extract from the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958) 20a (1) every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres in all directions shall be the prohibited area in respect of such protected area or protected monument:declaration of prohibited area and carrying out public work or other works in prohibited areaprovided that the central government may, on the recommendation of the authority, by notification in the official gazette, specify an area more than one hundred metres to be the prohibited area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a(2) (3) 20b every area, beginning at the limit of prohibited area in respect of every ancient monument and archaeological site and remains, declared as of national importance under sections 3 and 4 and extending to a distance of two hundred metres in all directions shall be the regulated area in respect of every ancient monument and archaeological site and remains:declaration of regulated area in respect of every protected monumentprovided that the central government may, by notification in the official gazette, specify an area more than two hundred metres to be the regulated area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a20c (1) any person, who owns any building or structure, which existed in a prohibited area before the 16th day of june, 1992, or, which had been subsequently constructed with the approval of the director-general and desires to carry out any repair or renovation of such building or structure, may make an application to the competent authority for carrying out such repair or renovation, as the case may beapplication for repair or renovation in prohibited area, or construction or reconstruction or repair or renovation in regulated area 20-i (1) the authority shall exercise or discharge the following powers or functions, namely:—functions and powers of authority(a) (b) make recommendations to the central government for grading and classifying protected monuments and protected areas which may be declared after the commencement of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010, as of national importance under section 4; —————abillfurther to amend the ancient monuments and archaeological sites and remains act, 1958—————(shri at nana patil, mp)gmgipmrnd—989ls(s3)—24-07-2014 | Parliament_bills | 3f30ceea-1b35-518d-84e9-013edd6686db |
financial memorandumclause 3 of the bill provides that the appropriate government shall provide compulsory and free education and also supply of materials like books, stationery, uniform, etc, free of cost and pocket allowance to all the youth it also provides for free hostel and transport facilities and scholarships to youth clause 4 provides that the appropriate government shall provide facilities to youth for their participation in sports activities clause 5 provides that the appropriate government shall provide nutritious diet free of cost to all the students in schools, colleges, universities and hostels clause 6 provides for medical and health care to all the youth by the appropriate government clause 7 provides that the appropriate government shall evolve a scheme under which the youth will be given training in factories and vocational institutions clause 8 provides for appointment of expert committees to recommend the type of education that is to be imparted to the youth clause 9 provides for _military training to able bodied youth clause 10 provides that the appropriate government shall be responsible for providing employment to all the youth or unemployment allowance, as may be prescribed, till they are provided with employment the bill, if enacted, would involve expenditure from the consolidated fund of india in respect of the union territories the state governments will incur the expenditure from their respective consolidated funds in respect of their states supplemented by assistance from the central government an annual recurring expenditure of about rupees two hundred and fifty crore is likely to be incurred, from the consolidated fund of india a non-recurring expenditure of about rupees four crore is also likely to be incurred memorandum regarding delegated legislation11 of the bill empowers the central government to make rules for carrying ou of the bill the rules will relate to matters of detail only and as such the islative power is of a normal character | Parliament_bills | 3ed24fe9-0905-5548-9d26-996053c886dc |
the mines and minerals (regula- tion and development) amend- ment bill, 1958( as introduced in lok sabra) development) amend nt bill, 1958 (as introduced in the u'1¥4 :bra) a billto a1'lpnd the li-lines find lijiflhats (regulation and development) act, j 957, for the p'( rpu;e of t:xempting mining leases granted before the 25th day of october, 1949, in respect of coal from certain provisions of that act in view of the importance of such leases in the conte;t:t of coal production generally be it emicted by parliament in the ninth year of the republic of india as follows:-1 this act may he called the mines and minerals (regulation and short title development) amendment act, 1958 s 2 after section :;0 cf the mines and minerals (regulation and insertion of development) act, 1957, the following section shall be inserted, and new ~ection shall be deemed always to have been inserted, namely: -~~f~:s~ 10 is "30a notwithstanding anything contained in this act, the special proprovisions of sub-section (1) of section 9 and of sub-section v:isions ~la(1) of section ]6 snail not apply to or in relation to mining leases~: rear:; granted before the 25th day of october, 1949, 1n respect of coal, f~ ~figranbut the central go-vernment, if it is satisfied that it is expedient !sth~:r' so to do, may, by notification in the official gazette, direct that 1949· all or any of the said provisions (including hny rules made under sections 13 and 18) shall apply to or in relation to such leases subject to such exceptions and modifications, if any, as may be specified in that or in any subsequent notification" statement of objects and reasonsin view 0$ its importance as a basic fuel and the position it occupies in the country's economy, coal has always been treated dilferently from other minerals it is in recognition of this that no rules have been framed so far under section 7 of the mines and minerals (regulation and development) act, 1948, in regard to modification of the terms and conditions of mining leases for coal granted before the commencement of that act, though other minerals have been covered 2 the mines and minerals (regulation and development) act, 195'1· (67 of 1957), which repjaces the act of 1948, however, specifically extends the rate of royalty prescribed in the second schedule to mining leases granted befor~ the 25th october, 1949, in respect of coal also and makes it obligatory for the other terms and conditions of such leases t~ be brought into conformity with the provisions of the act and the rules made under sections 13 and 18 it is considered that these changes will have numerous undesirable consequences the areas covered by these mining leases are principally in west bengal and bihar'and they account for as much as 80 per cent of the total coal production in the country the royalties paid on this coal vary over a wide range but are generally much below the rate per ton pre:;cribed in the second schedule a sudden and uniform increase of these royalties is1ikely to have an unsettling effect on the industry and may retard the programme of coal production under the second five year plan the same adverse effect would be felt by a sudden modification of the other terms and conditions 3 the object of the present bill is accordingly to exempt mining leases for coal granted before the 25th october, 1949, from the operation of sub-section (1) of section 9 and sub-section (1) of section 16 of the act, with powers to government to extend these provisions to such leases at a future date, subject to such exceptions and modifications as may be considered necessary new delhi; the 19th march1 1958 memorandum regarding delegated legislationsection aoa proposed to be inserted in the principal act by clause 2 of the bill empowers the central government to apply to mining leases granted before the 2,5th day of october, 1949, in respect of coal certain provisions of that act and the rules made thereunder subject to such exceptions and modifications as the central government may think fit to make coal being a basic fuel in the economy of the country has required and continues to require special consideration approximately 80 per cent of the total production of coal in the country is attributable to pre-1949 leases, and such leases have, therefore, always been treated on a footing different from that obta~g in the case of leases for other minerals thus, no rules have been made under section 7 of the mines and minerals (regulation and development) act, 1948, in respect of such leases, although rules have been made in respect of le1'lse~ for other minerals royalties payable under the pre-1949 leases in respect of coal vary over a wide range and are much below those payable under sub-section (l) of section 9 the immediate application of sub-section (1) of section 9 and sub-section (1) of section 16 to such leases, resulting in a sudden and uniform increase of royalties and in the modification of the period and area, may have an unsettling effect on the industry and may adversely affect the programme of coal production power is accordingly being taken to apply the provisions of sub-section (1) of section 9 and sub-section (1) of section 16 as and when it is convenient to do so, subject to such exceptions and modifications, if any, as may be necessary it is possible that the rules under sections 13 and 18 may also have to be modified in their application to such leases in the circumstances of the present case the power delegated is of a normal character ment) act, 1957 (no 67 of 1957)roj8itica in relpect of minina 1caica 9 (1) the holder of a mining lease granted before the commencement of this act shall, notwithstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in respect of any mineral removed by him from the leased area after such commencement, at the rate for the time being specified in the second schedule in respect of that mineral (2) the holqer of a mining lease granted on or after the commencement of this act shall pay royalty in respect of any mineral removed by him from the leased area at the rate for the time being speciiietl in the second schedule in respect of that mineral (3) the central government may, by notification in the official gazette, amend the second schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification: provided that the central government shall not-(a) fix the rate of royalty in respect of any mineral so as to exceed twenty per cent of the sale price of the mineral at the pit's head, or (b) enhance the rate of royalty in respect of any mineral more than once during any period of four years -, 16 (1) all mining leases granted before the 25th day of october, 1949, shall, as soon as may be after the commencement of this act, be brought into conformity with the provisions of this act and the rules made under sections 13 and 18: power to modify miaina ielte ~thbe-october 1949· provided that if the central government is of opinion that in the interests of mineral development it is expedient so to do, it may, for reasons to be recorded, permit any person to hold one or more such mining leases covering in anyone state a total area in excess of that specified in clause (b) of section 6 or for a period exceeding that specified in sub-section (1) of section 8 (2) the central government may, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of sub-section (1) and in particular such rules shall ~ provide-(a) for giving previous notice of the modification or alteration proposed to be made in any existing mining lease to the lessee and where the lessor is not the central government, also to the lessor and for affording him an opportunity of showing cause against the proposal; (b) for the payment of compensation to the lessee in respect of the reduction of any area covered by the existing mining lease; and (c) for the principles on which, the manner in which, and the authority by which, the said compensation shall be determined - - - - a billto amend the mines and minera13 (regulation and development) act, 1957, for the purpose of exempting mining leases granted before the 25th day of october, 1949, in respect of coal from certain provisions of that act in view of the importance of such leases· in the context of coal production generally (sardar swaran singh, minister of steel, mines and fuel) | Parliament_bills | a8208a1a-b9ee-59ed-adc6-f81fe8c94310 |
bill no 114 of 2012 the water (prevention and control of pollution) amendment bill, 2012 byshri bhartruhari mahtab, mpa billfurther to amend the water (prevention and control of pollution) act, 1974be it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the water (prevention and control of pollution)amendment act, 20125(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint6 of 1974amendment of section 22 in section 2 of the water (prevention and control of pollution) act, 1974 (hereinafter referred to as the principal act) —(i) the existing clause (a) shall be re-numbered as clause (aa) and before clause(aa) as so re-numbered, the following clause shall be inserted, namely:—10'(a) "authority" means in the case of a state, the state river conservationauthority constituted under section 18b, and in all other cases, the national river conservation authority constituted under section 18a;'; and (ii) after clause (gg), the following clause shall be inserted, namely:—15"(gga) 'sewerage authority' means a corporation, municipality or any otherauthority, by whatever name called, which is responsible for collection, treatment and disposal of sewage;"a m e n d m e n t of section 163 in section 16 of the principal act, in sub-section (2), in clause (g), for the words "lay down, modify or annul", the words "subject to the provisions of section 18d, lay down, modify or annul" shall be substituteda m e n d m e n t of section 1754 in section 17 of the principal act, in sub-section (1), in clause (g), for the words "to lay down, modify or annul effluent standards for the sewage and trade effluents", the words "subject to the provisions of section 18d, to lay down, modify or annul effluent standards for the sewage and trade effluents" shall be substituted5 after chapter iv of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter via10 "chapter vi a national and state river conservation authorities18a (1) the central government shall, by notification in the official gazette, constitute an authority to be known as the national river conservation authorityconstitution of national river conservation authority15(2) the authority shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power, to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued(3) the authority shall consist of—(a) a chairperson; and (b) not more than five members,20to be appointed by the central government(4) the chairperson and the members shall be selected from amongst persons who have practical knowledge and experience in the field of environment conservation and advocacy on environmental matters 18b (1) each state government shall, by notification in the official gazette, constitute a state river conservation authority:25constitution of state river conservation authorityprovided that two or more states may agree to constitute a single authority with such terms and conditions as the state governments may prescribe (2) the authority shall be a body corporate, having perpetual succession and common seal, with power to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued30(3) the authority shall consist of—(a) a chairperson; and (b) not more than three members, to be appointed by the state government35(4) the chairperson and the members shall be selected from amongst persons who have practical knowledge of and experience in environment conservation and advocacy on environmental matters40assessment of sewage treatment capacity18c the national river conservation authority and the state river conservation authorities shall carry out periodic assessment of requisite sewage treatment capacity and, where there is capacity deficit, recommend to the central government or the state government, as the case may be, to enhance sewage treatment capacity to such an extent that the installed capacity is commensurate with the quantum of sewage generated18d notwithstanding anything contained in this act, the state river conservation authority, in the case of a state, and the national river conservation authority, in case of union territories, shall lay down parameters for effluent quality in sewage treatment plants:45laying down parameters for sewage effluent qualityprovided that different parameters may be laid down for different states and union territories or parts within a state or a union territory18e (1) the chairperson and every member of the national river conservation authority and the state river conservation authority shall hold office for a term of five years and shall be eligible for reappointment5(2) notwithstanding anything in sub-section (1), the chairperson and the members of the national river conservation authority and the state river conservation authority shall not be eligible to hold office after attaining the age of seventy yearsterm of office, salaries, and allowances of chairperson and members of national river conservation authority and state river conservation authority(3) the salaries and allowances payable to and the other terms and conditions of service of the chairperson and the members of the national river conservation authority and the state river conservation authority shall be such as may be prescribed by the central government:10provided that the salary and allowances and other terms and conditions of service of the chairperson and the members shall not be varied to their disadvantage during their tenure15(4) the chairperson and members of the national river conservation authority or the state river conservation authority may be removed from office only on the ground of proved misbehaviour or incapacity:provided that the state government shall consult the national river conservation authority before removing the chairperson or a member of a state river conservation authority20superintendence and control over certain functions of board18f the power to inspect sewage effluent and sewage treatment plants, to take sewage samples and other information, to review plants, specifications or other details relating to such plants, and to evolve methods of treatment and disposal of sewage shall be exercised by the board under the superintendence, supervision and control of the national river conservation authority or the state river conservation authority, as the case may be"6 in section 24 of the principal act,—25amendment of section 24(i) in clause (a) of sub-section (1), for the words "laid down by the state board", the words "laid down by the state board or the national river conservation authority or the state river conservation authority, as the case may be," shall be substituted; and(ii) in sub-section (3), the following proviso shall be added at the end, namely:—30"provided that no exemption under this sub-section shall be granted to a sewarage authority except with the prior approval of the national river conservation authority or the state river conservation authority, as the case may be"35amendment of section 347 in section 34 of the principal act, for the words "contributions to the central boardas it may think necessary to enable the board to perform its functions", the words "contributions to the national river conservation authority and the central board as it may think necessary to enable the authority and the board to perform their functions" shall be substituted40amendment of section 358 in section 35 of the principal act, for the words "contributions to the state board asit may think necessary enable the board to perform its functions", the words "contributions to the state river conservation authority and the state board as it may think necessary to enable the authority and the board to perform their functions" shall be substitutedamendment of section 43459 in section 43 of the principal act, for the words "one year and six months but whichmay extend to six years and with fine", the words "two years but which may extend to ten years and with fine" shall be substitutedamendment of section 4410 in section 44 of the principal act, for the words "one year and six months but which may extend to six years and with fine", the words "two years but which may extend to ten years and with fine" shall be substitutedamendment of section 45511 in section 45 of the principal act, for the words "shall not be less than two years but which may extend to seven years and with fine", the words "shall not be less than three years but which may extend to twelve years and with fine" shall be substituted statement of objects and reasonsthe level of pollution in rivers across india has been on the rise despite the launch of dedicated projects to cleanse rivers among various causes of pollution of rivers and streams, municipal sewage is today a major contributor it is ironical that while new projects are being conceived to effectively cleanse our rivers, various authorities are adding to the problem by discharging untreated sewage into riversthe main cause for discharge of sewage into rivers is the lack of treatment capacityeven after spending huge funds under various action plans, there is a huge deficit in treatment capacity to make matters worse, the existing treatment plants are being underutilized resulting in inefficient treatment of sewage the central and the state boards constituted under the water (prevention and control of pollution) act, 1974 have not been able to make much headway in checking water pollution caused by municipal sewagetherefore, in view of alarming level of pollution of rivers in india and increasing contribution of municipal sewage is accentuating the problem, the bill proposes to amend the water (prevention and control of pollution) act, 1974 to achieve the following objectives:—(i) constitution of the national river conservation authority and the state river conservation authorities to lay down parameters for effluent quality for sewage treatment plants and to supervise and control the functions of the central board and the state boards in preventing water pollution caused by sewage;(ii) assessment of requirement of sewage treatment capacity by national river conservation authority and the state river conservation authorities so as to facilitate further capacity creation to bridge the gap between the existing capacity and the required capacity;(iii) making prior approval of the national river conservation authority or the state river conservation authority compulsory for granting exemption to a sewerage authority for using a stream or a well for disposal of polluting matters, etc; and(iv) prohibiting discharge of sewage and other polluting matters into a stream and providing rigorous penalties for contravention of the provisions of the acthence this billnew delhi;bhartruhari mahtabseptember, 3, 2012 financial memorandumclause 5 of the bill provides for the constitution of the national river conservation authority clause 7 provides that the central government shall make such contributions to the national river conservation authority as it may think necessary to enable the authority to perform its functionsthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore would be involved as recurring expenditure per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be involved annexure extract from the water (prevention and control of pollution) act, 1974 (6 of 1974) definitions2 in this act, unless the context otherwise requires,—(a) "board" means the central board or a state board; 16 (1) functions of central board(2) (g) lay down, modify or annual, in consultation with the state government concerned, the standards for a stream or well:provided that different standards may be laid down for the same stream or well or for different steams or wells, having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells; 17 (1) functions of state board(g) lay down, modify or annual effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-state stream) resulting from the discharge of effluents and to classify waters of the state;24 (1) subject to the provisions of this section,—prohibitionon use ofstream or well for disposal of polluting matter, etc(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the state board to enter (whether directly or indirectly) into any stream or well or sewer or on land; or(3) the state government may, after consultation with, or on the recommendation of, the state board, exempt, by notification in the official gazette, any person from the operation of sub-section (1) subject to such conditions, if any, as may be specified in the notification and any condition so specified may by a like notification and be altered, varied or amendedcontributions by centralgovernment34 the central government may, after due appropriation made by parliament by law in this behalf, make in each financial year such contribution to the central board as it may think necessary to enable the board to perform its functions under this actcontributions by stategovernment35 the state government may, after due appropriation made by the legislature of the state by law in this behalf, make in each financial year such contributions to the state board as it may think necessary to enable that board to perform its functions under this act 43 whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with finepenalty for contravention of provisions of section 2444 whoever contravenes the provision of section 25 or section 26 shall be punishable with imprisonment for a term which shall not be less than1 [one year and six months] but which may extend to six years and with finepenalty for contravention of section 25 or section 26 enhanced penalty after previous conviction45 if any person who has been convicted of any offence under section 24 or 25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than1 [two years] but which may extend to seven years and with fine:provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished————— a billfurther to amend the water (prevention and control of pollution) act, 1974—————(shri bhartruhari mahtab, mp) | Parliament_bills | 3a417511-0ee3-57ac-ab2a-180df0019e6b |
bill no 50 of 2007 the carriage by air (amendment) bill, 2007 a billfurther to amend the carriage by air act, 1972be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the carriage by air (amendment) act, 2007short title and commencement(2) it shall come into force on such date as the central government may, by notificationamendment of long titleamendment of section 23 in section 2 of the principal act, after clause (ii), the following clauses shall be inserted, namely:—'(iii) "montreal convention" means the convention for the unification of certain rules for international carriage by air signed at montreal on the 28th day of may, 1999;(iv) "annexure" means the annexure annexed to this act'4 in section 3 of the principal act,—amendment of section 3(a) for sub-section (2), the following sub-section shall be substituted, namely:—"(2) for the purpose of this act, the high contracting parties to the convention and the date of enforcement of the said convention shall be such as are included in part i of the annexure"; (b) for sub-section (5), the following sub-section shall be substituted, namely:—"(5) 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, as the case may be, omit from, part i of the annexure, any high contracting party and on such addition, or as the case may be, omission, such high contracting party shall be or shall cease to be, a high contracting party"amendment of section 45 in section 4 of the principal act, for sub-section (2), the following sub-sections shall be substituted, namely:—"(2) for the purpose of this act, the high contracting parties to the amended convention and the date of enforcement of the said amended convention shall be such as are included in part ii of the annexure(2a) 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, as the case may be, omit from, part ii of the annexure, any high contracting party and on such addition, or, as the case may be, omission, such high contracting party shall be or shall cease to be, a high contracting party" 6 after section 4 of the principal act, the following section shall be inserted, namely:—insertion of new section 4aapplication of montreal convention to india"4a (1) the rules contained in the third schedule, being the provisions of the montreal convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage(2) for the purpose of this act, the state parties to the montreal convention and the date of enforcement of the said montreal convention shall be such as are included in part iii of the annexure(3) any reference in the third schedule to the territory of any state party to the montreal convention shall be construed as a reference to all the territories in respect of which he is party(4) any reference in the third schedule to agents of the carrier shall be construed as including a reference to servants of the carrier(5) 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, as the case may be, omit from, part iii of the annexure, any state party and on such addition, or, as the case may be, omission, such state party shall be or shall cease to be, a state party"7 in section 5 of the principal act,—amendment of section 5(a) in sub-section (1), for the words "the first schedule and in the second schedule", the words "the first schedule, the second schedule and the third schedule" shall be substituted;(b) in sub-section (5), for the words "the first schedule or of the second schedule", the words "the first schedule or the second schedule or the third schedule" shall be substituted 8 after section 6 of the principal act, the followign section shall be inserted, namely:—insertion of new section 6a conversion of special drawing rights"6a any sum in special drawing rights mentioned in rules 21 and 22 of the third schedule shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the court in accordance with the provisions of rule 23 of the said third schedule"amendment of section 89 in section 8 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—"(3) the central government may, by notification in the official gazette, apply the rules contained in the third schedule and any provision of section 4a or section 5 or section 6a to such carriage by air, not being international carriage by air as defined in the third schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified" 10 after the second schedule to the principal act, the following schedule and annexure shall be inserted, namely:—insertion of third schedule and annexure 'the third schedule (see section 4a) rules chapter i scope of application1 (1) these rules shall apply to all international carriage of persons, baggage or cargo performed by aircraft for reward they shall apply also to such carriage when performed gratuitously by an air transport undertaking(2) in these rules, unless the context otherwise requires,—(a) "baggage" means both checked baggage and unchecked baggage; (b) "days" means calendar days and not working days; (c) "depository" means the international civil aviation organisation; (d) "state party" means a signatory or acceding state to the montrealconvention whose instrument of ratification or accession has been deposited with the depository(3) for the purposes of these rules, the expression, "international carriage"means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two state parties, or within the territory of a single state party if there is an agreed stopping place within the territory of another state, even if that state is not a state party a carriage between two points within the territory of a single state party without an agreed stopping place within the territory of another state shall not be deemed to be international carriage for the purposes of these rules(4) a carriage to be performed by several sccessive air carriers shall be deemed for the purposes of these rules, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it has been agreed upon under the form of a single contract or of a series of contracts, and it shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same state(5) these rules shall apply also to carriage as set out in chapter v, subject to the terms contained therein2 (1) these rules shall apply to carriage performed by the state or by legally constituted public bodies provided it falls within the conditions laid down in rule 1(2) in the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administration(3) except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items chapter ii documentation and duties of the parties relating to the carriage of passengers, baggage and cargo3 (1) in respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing—(a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single state party, one or more agreed stopping places being within the territory of another state, an indication of at least one of such stopping places (2) any other means which preserves the information indicated in sub-rule (1)may be substituted for the delivery of the document referred to in that sub-rule if any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved(3) the carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage(4) the passenger shall be given written notice to the effect that where these rules are applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay(5) non-compliance with the provisions of sub-rules (1), (2) and (3) shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to these rules including those relating to limitation of liability4 (1) in respect of the carriage of cargo, an air waybill shall be delivered (2) any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill if such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means5 the air waybill or the cargo receipt shall include—(a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single state party, one or more agreed stopping places being within the territory of another state, an indication of at least one of such stopping places; and(c) an indication of the weight of the consignment6 the consignor may be required, if necessary to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo this provision shall not create for the carrier any duty, obligation or liability resulting therefrom7 (1) the air waybill shall be made out by the consignor in three original parts the first part shall be marked "for the carrier" and it shall be signed by the consignor the second part shall be marked "for the consignee" and it shall be signed by the consignor and by the carrier the third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted(2) the signature of the carrier and of the consignor may be printed or stamped (3) if, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor8 when there is more than one package—(a) the carrier has the right to require the consignor to make out separate air waybills;(b) the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in sub-rule (2) of rule 4 are used 9 non-compliance with the provisions of rules 4, 5, 6, 7 and 8 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to these rules including those relating to limitation of liability10 (1) the consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in sub-rule (2) of rule 4 the foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier(2) the consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf(3) subject to the provisions of sub-rules (1) and (2), the carrier shall indemnify the consignor against all damages suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in sub-rule (2) of rule 411 (1) the air waybill or the cargo receipt shall be prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein(2) any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated therein; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo12 (1) subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure the consignor shall not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and shall reimburse any expenses occasioned by the exercise of this right(2) if it is impossible to carry out the instructions of the consignor, the carrier shall so inform the consignor forthwith(3) if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier shall be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt(4) the right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with rule 13 nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor shall resume its right of disposition13 (1) except when the consignor has exercised its right under rule 12, the consignee shall be entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage(2) unless it is otherwise agreed, it shall be the duty of the carrier to give notice to the consignee as soon as the cargo arrives(3) if the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee shall be entitled to enforce against the carrier the rights which flow from the contract of carriage14 the consignor and the consignee may respectively enforce all the rights given to them by rules 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage15 (1) the provisions of rules 12, 13 and 14 shall not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee(2) the provisions of rules 12, 13 and 14 shall be varied only by express provision in the air waybill or the cargo receipt16 (1) the consignor shall furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee the consignor shall be liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents(2) the carrier shall be under no obligation to enquire into the correctness or sufficiency of such information or documents chapter iii liability of the carrier and extent of compensation for damages17 (1) the carrier shall be liable for damages sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking(2) the carrier shall be liable for damages sustained in case of destruction or loss of, or of damage to checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier however, the carrier shall not be liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage in the case of unchecked baggage, including personal items, the carrier is liable if the damage has resulted from its fault or that of its servants or agents(3) if the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger shall be entitled to enforce against the carrier the rights which flow from the contract of carriage18 (1) the carrier shall be liable for damages sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air(2) however, the carrier shall not be liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following:—(a) inherent defect, quality or vice of that cargo; (b) defective packing of that cargo performed by a person other than the carrieror its servants or agents;(c) an act of war or an armed conflict; and (d) an act of public authority carried out in connection with the entry, exit ortransit of the cargo(3) the carriage by air within the meaning of sub-rule (1) comprises the period during which the cargo is in charge of the carrier(4) the period of the carriage by air shall not extend to any carriage by land, by sea or by inland waterway performed outside an airport if, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air if a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air19 the carrier shall be liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures20 if the carrier proves that the damages was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage when by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger this rule applies to all the liability provisions of these rules, including sub-rule (1) of rule 2121 (1) for damages arising under sub-rule (1) of rule 17 not exceeding one lakh special drawing rights for each passenger, the carrier shall not be able to exclude or limit its liability(2) the carrier shall not be liable for damages arising under sub-rule (1) of rule 17 to the extent that they exceed for each passenger one lakh special drawing rights if the carrier proves that—(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or(b) such damage was solely due to the negligence or other wrongful act or omission of a third party 22 (1) in the case of damage caused by delay as specified in rule 19 in the carriage of persons, the liability of the carrier for each passenger is limited to four thousand one hundred and fifty special drawing rights(2) in the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay shall be limited to one thousand special drawing rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum, if so required in that case, the carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination(3) in the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of seventeen special drawing rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum, if so required in that case, the carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination(4) in the case of delay, destruction, loss or damage of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned nevertheless, when the delay, destruction, loss or damage of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by other means referred to in sub-rule (2), of rule 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability(5) the provisions of sub-rules (1) and (2) shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result:provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment(6) the limits prescribed in rule 21 and in this rule shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest the foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later23 the sums mentioned in terms of special drawing right in these rules shall be deemed to refer to the special drawing right as defined by the international monetary fund and its conversion into national currencies shall, in case of judicial proceedings, be made in accordance with the method of valuation applied by the international monetary fund, in effect at the date of the judgment, for its operations and transactions24 (1) without prejudice to the provisions of rule 25 and subject to sub-rule (2), the limits of liability prescribed in rules 21, 22 and 23 shall be reviewed by the depository at five-year intervals, the first such review to take place at the end of the fifth year following the date of coming into force of these rules the measure of the rate of inflation to be used in determining the inflation factor shall be the weighted average of the annual rates of increase or decrease in the consumer price indices of the states whose currencies comprise the special drawing right mentioned in rule 23(2) if the review referred to in sub-rule (1) concludes that the inflation factor has exceeded ten per cent, the depositary shall notify state parties of a revision of the limits of liability any such revision shall become effective six months after its notification to the state parties if within three months after its notification to the state parties, a majority of the state parties register their disapproval, the revision shall not become effective and the depositary shall refer the matter to a meeting of the state parties the depositary shall immediately notify all states parties about the coming into force of any revision(3) notwithstanding anything contained in sub-rule (1), the procedure referred to in sub-rule (2) shall be applied at any time provided that one-third of the state parties express a desire to that effect and upon condition that the inflation factor referred to in sub-rule (1)has exceeded thirty per cent since the previous revision or since the date of entry into force of the montreal convention if there has been no previous revision subsequent reviews using the procedure specified in sub-rule (1) shall take place at five-year intervals starting at the end of the fifth year following the date of the reviews under the provisions of this subrule25 a carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in these rules or to no limits of liability whatsover26 any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of these rules27 nothing contained in these rules shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defence available in these rules, or from laying down conditions, which are not contrary to the provisions of these rules28 notwithstanding anything contained in any other law for the time being in force, where the aircraft accident results in death or injury of passengers, the carrier shall make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier29 in the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under these rules or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in these rules without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights in any such action, punitive, exemplary or any other noncompensatory damages shall not be recoverable30 (1) if an action is brought against a servant or agent of the carrier arising out of damage to which these rules relate, such servant or agent, if they prove that they acted within the scope of their employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under these rules(2) the aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits(3) except in respect of the carriage of cargo, the provisions of sub-rules (1) and (2)shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with the knowledge that damage would probably result31 (1) receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in sub-rule (2) of rule 3 and sub-rule (2) of rule 4(2) in the case of damage, the person entitled to delivery shall make a complaint to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo in the case of delay, the complaint shall be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal(3) every complaint shall be made in writing and given or dispatched within the period specified in sub-rule (2)(4) if no complaint is made within the period specified in sub-rule (2), no action shall lie against the carrier, except in the case of fraud committed by the carrier32 in the case of the death of the person liable, an action for damages lies in accordance with these rules against those legally representing his or her estate33 (1) an action for damages shall be brought, at the option of the claimant of damages, in the territory of one of the state parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination(2) in respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in sub-rule (1), or in the territory of a state party in which at the time of the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft, or on another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement(3) for the purposes of sub-rule (2)—(a) "commercial agreement" means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;(b) "principal and permanent residence" means the one fixed and permanent abode of the passenger at the time of the accident the nationality of the passenger shall not be the determining factor in this regard (4) questions of procedure shall be governed by the law of the court seized of the case34 (1) subject to the provisions of this rule, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under these rules shall be settled by arbitration such agreement shall be in writing(2) the arbitration proceedings shall, at the option of the claimant, take place within one of the jurisdictions referred to in rule 33(3) the arbitrator or arbitration tribunal shall apply the provisions of these rules (4) the provisions of sub-rules (2) and (3) shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void35 (1) the right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped(2) the method of calculating the period shall be determined by the law of the court seized of the case36 (1) in the case of carriage to be performed by various successive carriers and falling within the definition set out in sub-rule (4) of rule 1, each carrier which accepts passengers, baggage or cargo shall be subject to the provisions of these rules and shall be deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision(2) in the case of carriage of this nature, the passenger or any person entitled to compensation shall be entitled to take action only against the carrier which performed the carriage during which the accident or the delay occurred, except where, by express agreement, the first carrier has assumed liability for the whole journey(3) in respect of baggage or cargo, the passenger or consignor shall have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery shall have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the delay, destruction, loss or damage took place these carriers shall be jointly and severally liable to the passenger or to the consignor or consignee37 nothing in these rules shall prejudicially affect the right of a person liable for damages to take recourse against any other person chapter iv combined carriage38 (1) in the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of these rules shall, subject to the provisions of subrule (4) of rule 18, apply only to the carriage by air, provided that the carriage by air falls within the meaning of rule 1(2) nothing in these rules shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of these rules are observed with regard to carriage by air chapter v carriage by air performed by a person other than the contracting carrier39 the provisions of this chapter shall apply when a person (hereinafter referred to as the contracting carrier) as a principal makes a contract of carriage under these rules with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as the actual carrier) performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part, a successive carrier within the meaning of these rules such authority shall be presumed in the absence of proof to the contrary40 if an actual carrier performs the whole or part of carriage which, according to the contract referred to in rule 39, is governed by these rules, both the contracting carrier and the actual carrier shall, except as otherwise provided in this chapter, be subject to the provisions of these rules, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs41 (1) the acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier(2) the acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in rules 21, 22, 23 and 24 any special agreement under which the contracting carrier assumes obligations not imposed by the provisions of these rules or any waiver of rights or defences conferred by the provisions of these rules or any special declaration of interest in delivery at destination contemplated in rule 22 shall not affect the actual carrier unless agreed to by it42 any complaint to be made or instruction to be given under the provisions of these rules to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier nevertheless, instructions referred to in rule 12 shall only be effective if addressed to the contracting carrier43 in relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under the provisions of these rules to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with the provisions of these rules44 in relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which shall be awarded against either the contracting carrier or the actual carrier under the provisions of these rules, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person45 in relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the complainant, against that carrier or the contracting carrier, or against both together or separately if the action is brought against only one of these carriers', that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seized of the case46 any action for damages contemplated in rule 45 must be brought, at the option of the complainant, in the territory of one of the state parties, either before a court in which an action may be brought against the contracting carrier, as provided under rule 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business47 any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this chapter or to fix a lower limit than that which is applicable according to this chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this chaper48 except as provided in rule 45, nothing in this chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification chapter vi general and final provisions49 any clause contained in the contract of carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by these rules, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void50 state parties shall require their carriers to maintain adequate insurance covering their liability under the provisions of these rules a carrier may be required to furnish evidence that it maintains adequate insurance covering is liability under the provisions of these rules51 the provisions of rules, 3, 4, 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier's business52 the expression "days" when used in this schedule means calander days and not working daysannexure[see sub-section (2) of section 3, sub-section (2) of section 4 and sub-section (2)of section 4a]| s | high contracting | date of enforcement of ||-------------------|----------------------------|--------------------------|| no | parties to convention | convention || (1) | (2) | (3) || 1 | afghanistan | 21st may, 1969 || 2 | algeria | 31st august, 1964 || 3 | angola | 8th june, 1998 || 4 | argentina | 19th june, 1952 || 5 | armenia | 23rd february, 1999 || 6 | australia | 30th october, 1935 || 7 | austria | 27th december, 1961 || 8 | azerbaijan | 23rd april, 2000 || 9 | bahamas | 10th july, 1973 || 10 | bahrain | 10th june, 1998 || 11 | bangladesh | 26th march, 1971 || 12 | barbados | 30th november, 1966 || 13 | belarus | 25th december, 1959 || 14 | belgium | 11th october, 1936 || 15 | benin | 1st august, 1960 || 16 | bolivia | 29th march, 1999 || 17 | bosnia and herzegovina | 6th march, 1992 || 18 | botswana | 30th september, 1966 || 19 | brazil | 13th february, 1933 || 20 | brunei darussalam | 1st january, 1984 || 21 | bulgaria | 23rd september, 1949 || 22 | burkina faso | 9th march, 1962 || 23 | cambodia | 12th march, 1997 || 24 | cameroon | 1st january, 1960 || 25 | canada | 8th september, 1947 || 26 | cape verde | 8th may, 2002 || 27 | chile | 31st may, 1979 || 28 | china | 18th october, 1958 || 29 | colombia | 13th november, 1966 || 30 | comoros | 9th september, 1991 || 31 | congo | 15th august, 1960 || 32 | costa rica | 8th august, 1984 || 33 | cote d' ivoire | 7th august, 1960 || 34 | croatia | 8th october, 1991 || 35 | cuba | 19th october, 1964 || 36 | cyprus | 16th august, 1960 || 37 | czech republic | 1st january, 1993 || 38 | democratic people's | 30th may, 1961 || republic of korea | | || 39 | democratic republic of the | 30th june, 1960 || congo | | || (1) | (2) | (3) ||-------|----------------------------------|----------------------|| 40 | denmark | 1st october, 1937 || 41 | dominican republic | 25th may, 1972 || 42 | ecuador | 1st march, 1970 || 43 | egypt | 5th december, 1955 || 44 | e1 salvador | || 45 | equatorial guinea | 19th march, 1989 || 46 | estonia | 14th june, 1998 || 47 | ethiopia | 12th november, 1950 || 48 | fiji | 10th october, 1970 || 49 | finland | 1st october, 1937 || 50 | france | 13th february, 1933 || 51 | gabon | 16th may, 1969 || 52 | germany | 29th december, 1933 || 53 | ghana | 9th november, 1997 || 54 | greece | 11th april, 1938 || 55 | grenada | || 56 | guatemala | 4th may, 1997 || 57 | guinea | 10th december, 1961 || 58 | honduras | 25th september, 1994 || 59 | hungary | 27th august, 1936 || 60 | iceland | 19th november, 1948 || 61 | india | 15th august, 1947 || 62 | indonesia | 17th august, 1945 || 63 | iran (islamic republic of) | 6th october, 1975 || 64 | iraq | 26th september, 1972 || 65 | ireland | 19th december, 1935 || 66 | israel | 6th january, 1950 || 67 | italy | 15th may, 1933 || 68 | japan | 18th august, 1953 || 69 | jordan | 25th may, 1946 || 70 | kazakhstan | || 71 | kenya | 12th december, 1963 || 72 | kuwait | 9th november, 1975 || 73 | kyrgyzstan | 9th may, 2000 || 74 | lao people's democratic republic | 19th july, 1949 || 75 | latvia | 13th february, 1933 || 76 | lebanon | 22nd november, 1943 || 77 | lesotho | 4th october, 1966 || 78 | liberia | 31st july, 1942 || 79 | libyan arab jamahiriya | 14th august, 1969 || 80 | liechtenstein | 7th august, 1934 || 81 | lithuania | || 82 | luxembourg | 5th january, 1950 || 83 | madagascar | 26th june, 1960 || 84 | malawi | 25th january, 1978 || 85 | malaysia | 16th september, 1963 || 86 | maldives | 11th january, 1996 || 87 | mali | 26th april, 1961 || 88 | malta | 21st september, 1964 || 89 | mauritania | 4th november, 1962 || 90 | mauritius | 15th january, 1990 || 91 | mexico | 15th may, 1933 || 92 | monaco | || (1) | (2) | (3) ||---------------------------------------|----------------------|----------------------|| 93 | mongolia | 29th july, 1962 || 94 | morocco | 5th april, 1958 || 95 | myanmar | 4th january, 1948 || 96 | nauru | 31st january, 1968 || 97 | nepal | 13th may, 1966 || 98 | netherlands | 29th september, 1933 || 99 | new zealand | 5th july, 1937 || 100 niger | 3rd august, 1960 | || 101 nigeria | 1st october, 1960 | || 102 norway | 1st october, 1937 | || 103 oman | 4th november, 1976 | || 104 pakistan | 14th august, 1947 | || 105 panama | 10th february, 1997 | || 106 papua new guinea | 16th september, 1975 | || 107 paraguay | 26th november, 1969 | || 108 peru | 3rd october, 1998 | || 109 philippines | 7th february, 1991 | || 110 poland | 13th february, 1933 | || 111 portugal | 18th june, 1947 | || 112 qatar | 22nd march, 1987 | || 113 republic of korea | | || 114 republic of moldova | 19th june, 1997 | || 115 romania | 13th february, 1933 | || 116 russian federation | 18th november, 1934 | || 117 rwanda | 1st july, 1962 | || 118 saint vincent and the grenadines | 27th october, 1979 | || 119 samona | 1st january, 1962 | || 120 saudi arabia | 27th april, 1969 | || 121 senegal | 17th september, 1964 | || 122 serbia and montenegro | 27th april, 1992 | || 123 seychelles | 22nd september, 1980 | || 124 sierra leone | 27th april, 1961 | || 125 singapore | 3rd december, 1971 | || 126 slovakia | 1st january, 1993 | || 127 slovenia | 25th june, 1991 | || 128 solomon islands | 7th july, 1978 | || 129 south africa | 22nd march, 1955 | || 130 spain | 13th february, 1933 | || 131 sri lanka | 4th february, 1948 | || 132 sudan | 12th may, 1975 | || 133 suriname | 28th september, 2003 | || 134 swaziland | | || 135 sweden | 1st october, 1937 | || 136 switzerland | 7th august, 1934 | || 137 syrian arab republic | 2nd march, 1959 | || 138 the former yugoslav | 17th september, 1991 | || republic of macedonia | | || 139 togo | 30th september, 1980 | || 140 tonga | 4th june, 1970 | || 141 trinidad and tobago | 31st august, 1962 | || 142 tunisia | 13th february, 1964 | || 143 turkey | 23rd june, 1978 | || 144 turkmenistan | 20th march, 1995 | || 145 uganda | 22nd october, 1963 | || (1) | (2) ||---------------------------------------|----------------------|| 146 ukraine | 12th november, 1959 || 147 united arab emirates | 3rd july, 1986 || 148 united kingdom | 15th may, 1933 || 149 united kingdom for the | 3rd march, 1935 || following territories: | || - bermuda | || - british antarctie | || territory | || - cayman, turks, and calcos islands | || - akrotiri and dhekelia | || - falkland islands and dependencies | || - hong kong | || - monsserrat st helena and ascension | || 150 united republic of tanzania | 6th july, 1965 || 151 united states | 29th october, 1934 || 152 uruguay | 2nd october, 1979 || 153 uzbekistan | 28th may, 1997 || 154 vanuatu | 24th january, 1982 || 155 venezuela | 13th september, 1955 || 156 viet nam | 9th january, 1983 || 157 yemen | 4th august, 1982 || 158 zambia | 24th october, 1964 || 159 zimbabwe | 18th april, 1980 | part-ii| s | high contracting | date of enforcement of ||------|------------------------|--------------------------|| no | parties to convention | convention || (1) | (2) | (3) || 1 | afghanistan | 21st may, 1969 || 2 | algeria | 31st august, 1964 || 3 | angola | 8th june, 1998 || 4 | argentina | 10th september, 1969 || 5 | australia | 1st august, 1963 || 6 | austria | 24th june, 1971 || 7 | azerbaijan | 23rd april, 2000 || 8 | bahamas | 10th july, 1973 || 9 | bahrain | 10th june, 1998 || 10 | bangladesh | 26th march, 1971 || 11 | belarus | 1st august, 1963 || 12 | belgium | 25th november, 1963 || 13 | benin | 1st august, 1963 || 14 | bosnia and herzegovina | 6th march, 1992 || 15 | brazil | 14th september, 1964 || 16 | bulgaria | 13th march, 1964 || 17 | cambodia | 12th march, 1997 || 18 | cameroon | 1st august, 1963 || 19 | canada | 17th july, 1964 || 20 | cape verde | 8th may, 2002 || 21 | chile | 31st may, 1979 || 22 | china | 18th november, 1975 || 23 | colombia | 13th november, 1966 || 24 | congo | 1st august, 1963 || (1) | (2) | (3) ||-------|---------------------------------------|---------------------|| 25 | costa rica | 8th august, 1984 || 26 | cote d' ivoire | 1st august, 1963 || 27 | croatia | 8th october, 1991 || 28 | cuba | 28th november, 1965 || 29 | cyprus | 21st october, 1970 || 30 | czech republic | 1st january, 1993 || 31 | democratic people's republic of korea | 2nd february, 1981 || 32 | denmark | 1st august, 1963 || 33 | dominican republic | 25th may, 1972 || 34 | ecuador | 1st march, 1970 || 35 | egypt | 1st august, 1963 || 36 | el salvador | 1st august, 1963 || 37 | estonia | 14th june, 1998 || 38 | fiji | 10th october, 1970 || 39 | finland | 23rd august, 1977 || 40 | france | 1st august, 1963 || 41 | gabon | 16th may, 1969 || 42 | germany | 1st august, 1963 || 43 | ghana | 9th november, 1997 || 44 | greece | 21st sepember, 1965 || 45 | grenada | 13th november, 1985 || 46 | guatemala | 26th october, 1971 || 47 | guinea | 7th january, 1991 || 48 | hungary | 1st august, 1963 || 49 | iceland | 1st august, 1963 || 50 | india | 15th may, 1973 || 51 | iran (islamic republic of) | 6th october, 1975 || 52 | iraq | 1st august, 1963 || 53 | ireland | 1st august, 1963 || 54 | israel | 3rd november, 1964 || 55 | italy | 2nd august, 1963 || 56 | japan | 8th november, 1967 || 57 | jordan | 13th february, 1974 || 58 | kazakhstan | 28th november, 2002 || 59 | kenya | 4th october, 1999 || 60 | kuwait | 9th november, 1975 || 61 | kyrgyzstan | 9th may, 2000 || 62 | lao people's democratic republic | 1st august, 1963 || 63 | latvia | 31st december, 1998 || 64 | lebanon | 8th august, 1978 || 65 | lesotho | 15th january, 1976 || 66 | libyan arab jamahiriya | 14th august, 1969 || 67 | liechtenstein | 3rd april, 1966 || 68 | lithuania | 19th february, 1997 || 69 | luxembourg | 1st august, 1963 || 70 | madagascar | 1st august, 1963 || 71 | malawi | 7th september, 1971 || 72 | malaysia | 19th december, 1974 || 73 | maldives | 11th january, 1996 || 74 | mali | 29th march, 1964 || 75 | mauritius | 15th january, 1990 || 76 | mexico | 1st august, 1963 || 77 | monaco | 8th july, 1979 || (1) | (2) ||-----------------------------|----------------------|| 78 morocco | 15th february, 1976 || 79 nauru | 31st january, 1968 || 80 nepal | 13th may, 1966 || 81 netherlands | 1st august, 1963 || 82 new zealand | 14th june, 1967 || 83 niger | 1st august, 1963 || 84 nigeria | 29th september, 1969 || 85 norway | 1st august, 1963 || 86 oman | 2nd november, 1987 || 87 pakistan | 1st august, 1963 || 88 panama | 10th february, 1997 || 89 papua new guinea | 16th september, 1975 || 90 paraguay | 26th november, 1969 || 91 peru | 3rd october, 1988 || 92 philippines | 28th february, 1967 || 93 poland | 1st august, 1963 || 94 portugal | 15th december, 1963 || 95 qatar | 22nd march, 1987 || 96 republic of korea | 11th october, 1967 || 97 republic of moldova | 19th june, 1997 || 98 romania | 1st august, 1963 || 99 russian federation | 1st august, 1963 || 100 rwanda | 27th march, 1991 || 101 saint vincent and | 3rd march, 2002 || the grenadines | || 102 samona | 14th january, 1973 || 103 saudi arabia | 27th april, 1969 || 104 senegal | 17th september, 1964 || 105 serbia and montenegro | 27th april, 1992 || 106 seychelles | 22nd september, 1980 || 107 singapore | 4th february, 1968 || 108 slovakia | 1st january, 1993 || 109 slovenia | 25th june, 1991 || 110 solomon islands | 7th july, 1978 || 111 south africa | 17th december, 1967 || 112 spain | 6th march, 1966 || 113 sri lanka | 25th may, 1997 || 114 sudan | 12th may, 1975 || 115 suriname | 17th january, 2005 || 116 swaziland | 18th october, 1978 || 117 sweden | 1st august, 1963 || 118 switzerland | 1st august, 1963 || 119 syrian arab republic | 1st august, 1963 || 120 the former yugoslav | 17th september, 1991 || republic of macedonia | || 121 togo | 30th september, 1980 || 122 tonga | 22nd may, 1977 || 123 trinidad and tobago | 8th august, 1983 || 124 tunisia | 13th february, 1964 || 125 turkey | 23rd june, 1978 || 126 ukraine | 1st august, 1963 || 127 united arab emirates | 16th january, 1994 || 128 united kingdom | 1st june, 1967 || 129 united kingdom for the | 1st june, 1967 || (1) | (2) ||------------------------|---------------------|| following territories: | || - | bermuda || - | british antarctie || territory | || - | cayman, turks, || and | || calcos islands | || 130 united states | 14th december, 2003 || 131 uzbekistan | 28th may, 1997 || 132 vanuatu | 24th january, 1982 || 133 venezuela | 1st august, 1963 || 134 viet nam | 9th january, 1983 || 135 yemen | 4th august, 1982 || 136 zambia | 23rd june, 1970 || 137 zimbabwe | 25th january, 1981 | part-iii| s no | state parties | date of enforcement ||----------|-----------------|-----------------------|| (1) | (2) | (3) || 1 | albania | 19th december, 2004 || 2 | austria | 28th june, 2004 || 3 | bahrain | 4th november, 2003 || 4 | barbados | 4th november, 2003 || 5 | belgium | 28th june, 2004 || 6 | belize | 4th november, 2003 || 7 | benin | 29th may, 2004 || 8 | botswana | 4th november, 2003 || 9 | bulgaria | 9th january, 2004 || 10 | cameroon | 4th november, 2003 || 11 | canada | 4th november, 2003 || 12 | cape verde | 22nd october, 2004 || 13 | china | 31st july, 2005 || 14 | colombia | 4th november, 2003 || 15 | cuba | 13th december, 2005 || 16 | cyprus | 4th november, 2003 || 17 | czech republic | 4th november, 2003 || 18 | denmark | 28th june, 2004 || 19 | egypt | 25th april, 2005 || 20 | estonia | 4th november, 2003 || 21 | finland | 28th june, 2004 || 22 | france | 28th june, 2004 || 23 | gambia | 9th may, 2004 || 24 | germany | 28th june, 2004 || 25 | greece | 4th november, 2003 || 26 | hungary | 7th january, 2005 || 27 | iceland | 16th august, 2004 || 28 | ireland | 28th june, 2004 || 29 | italy | 28th june, 2004 || 30 | japan | 4th november, 2003 || 31 | jordan | 4th november, 2003 || 32 | kenya | 4th november, 2003 || 33 | kuwait | 4th november, 2003 || (1) | (2) | (3) ||-----------------------|-----------------------|---------------------|| 34 | latvia | 15th february, 2005 || 35 | lebanon | 14th may, 2005 || 36 | lithuania | 29th january, 2005 || 37 | luxembourg | 28th june, 2004 || 38 | maldives | 30th december, 2005 || 39 | malta | 4th july, 2004 || 40 | mexico | 4th november, 2003 || 41 | monaco | 17th october, 2004 || 42 | mongolia | 4th december, 2004 || 43 | namibia | 4th november, 2003 || 44 | netherlands | 28th june, 2004 || 45 | new zealand | 4th november, 2003 || 46 | nigeria | 4th november, 2003 || 47 | norway | 28th june, 2004 || 48 | panama | 4th november, 2003 || 49 | paraguay | 4th november, 2003 || 50 | peru | 4th november, 2003 || 51 | portugal | 4th november, 2003 || 52 | qatar | 14th january, 2005 || 53 | romania | 4th november, 2003 || 54 | saint vincent and the | 28th may, 2004 || grenadines | | || 55 | saudi arabia | 14th december, 2003 || 56 | slovakia | 4th november, 2003 || 57 | slovenia | 4th november, 2003 || 58 | spain | 28th june, 2004 || 59 | sweden | 28th june, 2004 || 60 | switzerland | 5th september, 2005 || 61 | syrian arab republic | 4th november, 2003 || 62 | the former yugoslav | 4th november, 2003 || republic of macedonia | | || 63 | tonga | 19th january, 2004 || 64 | united arab emirates | 4th november, 2003 || 65 | united kingdom | 28th june, 2004 || 66 | united republic of | 4th november, 2003 || tanzania | | || 67 | united states | 4th november, 2003 || 68 | vanuatu | 8th january, 2006 || 69 | european community | 28th june, 2004" | statement of objects and reasonsthe legal regime governing the liability of air carriers for injury or death of passengers, for destruction or damage or loss or damage to baggage and cargo and losses caused by delay in international carriage is set out in a number of international instruments however, india has ratified only two instruments, namely the warsaw convention, 1929 and the warsaw convention as amended by the hague protocol, 1955, and the same has been given effect to by the carriage by air act, 19722 as the limits of liability were considered to be inadequate, the international civil aviation organisation took the initiative and carried out a socio-economic study with a view to revising the levels of compensation and modernising the existing liability provisions the deliberations in several meetings of the legal committee of the international civil aviation organisation culminated in the adoption of the convention for the unification of certain rules for international carriage by air (popularly known as montreal convention, 1999) at a diplomatic conference held on 28th may, 19993 the salient features of the montreal convention are—(i) amount of compensation for death or injury has been enhanced to1,00,000 special drawing rights (sdrs) instead of gold francs which after conversion came to us $ 20,000;(ii) choice of jurisdiction has been expanded to include the place of domicile of the passenger;(iii) provision for advance payment in case of death or bodily injury;(iv) provision for review of limits of liability based on inflation so that the need to amend the convention is obviated;(v) recognition of the use of electronic documents such as e-ticket, etc;and(vi) to bring uniformity in the application of liability regime ending the multiplicity of international instruments 4 in view of the above, it is proposed to accede to the convention for the unification of certain rules for international carriage by air so that india is at par with other major countries of the world in order to give effect to the provisions of the convention in india, it is imperative that appropriate legislative action is taken for this purpose, it is proposed to amend certain provisions of the carriage by air act,1972 and also to include the text of the montreal convention to the said act as the third schedule5 the bill seeks to achieve the above objectsnew delhi;praful patelthe 12th march, 2007 annexure extracts from the carriage by air act, 1972 (69 of 1972)an act to give effect to the convention for the unification of certain rules relating to international carriage by air signed at warsaw on the 12th day of october, 1929 and to the said convention as amended by the hague protocol on the 28th day of september, 1955 and to make provision for applying the rules contained in the said convention in its original form and in the amended form (subject to exception, adapations and modifications) to non-international carriage by air and for matters connected therewith| ||--------------|| definitions |2 in this act, unless the context requires,—| | | | | | | | | ||---------------------------------------------------------------------------------------------------|----|------------------------------------------------------------------------------------|------------------------------------------------------------------------------|---------------------------------------|------|------|------|-----|| 3 | ( | 1 | ) | | | | | || application of | | | | | | | | || convention to | | | | | | | | || india | | | | | | | | || ( | 2 | ) the central government may, by notification in the official gazette, certify who | | | | | | || are the high contracting parties to the convention, in respect of what territories they are | | | | | | | | || parties and to what extent they have availed themselves of the provisions of rule 36 in the | | | | | | | | || first schedule and any such notification shall be conclusive evidence of the matters certified | | | | | | | | || therein | | | | | | | | || | | | | | | | | || 20 of 1934 | | | | | | | | || ( | 5 | ) every notification issued under sub-section ( | 2 | ) of section 2 of the indian carriage | | | | || by air act, 1934 and in force immediately before the commencement of this act shall be | | | | | | | | || deemed to have been issued under sub-section ( | 2 | ) of this section and shall continue to be in | | | | | | || force until such notification is superseded | | | | | | | | || 4 | ( | 1 | ) | | | | | || application of | | | | | | | | || amended con- | | | | | | | | || vention to india | | | | | | | | || ( | 2 | ) the central government may, by notification in the official gazette, certify who | | | | | | || are the high contracting parties to the amended convention and in respect of what territories | | | | | | | | || they are parties, and any such notification shall be conclusive evidence of the matters certified | | | | | | | | || therein | | | | | | | | || | | | | | | | | || 13 of 1855 | | | | | | | | || liability in case | | | | | | | | || of death | | | | | | | | || 5 | ( | 1 | ) notwithstanding anything contained in the fatal accidents act, 1855 or any | | | | | || other enactment or rule of law in force in any part of india, the rules contained in the first | | | | | | | | || schedule and in the second schedule shall, in all cases to which those rules apply, determine | | | | | | | | || the liability of a carrier in respect of the death of a passenger | | | | | | | | || | | | | | | | | |(5) the court before which any such action is brought may, at any stage of the proceedings, make any such order as appears to the court to be just and equitable in view of the provisions of the first schedule or of the second schedule, as the case may be, limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced outside india in respect of the death of the passenger in question 20 of 1934application of act to carriage by air which is not international(3) every notification issued by the central government under section 4 of the indian carriage by air act, 1934 and in force i mmediately before the commencement of this act shall be deemed to have been issued under sub-section (1) and shall continue to be in force until such notification is superseded [10] m c lok sabha———— a billfurther to amend the carriage by air act, 1972————(shri praful patel, minister of civil aviation)mgipmrnd—1693ls(s-3)—26042007 | Parliament_bills | b7d5580f-5d93-5e31-ab7a-ba6fc6c91a94 |
bill no lxi of 2008 the national food security authority bill, 2008 a billto provide for the establishment of a national food security authority and for mattersconnected therewith or incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the national food security authority act, 2008short title and commencement(2) it shall be deemed to have come into force on the 31st day of october, 2008definitions2 in this act, unless the context otherwise requires:—3 (1) the central government shall, by notification, constitute a national authority to be known as the national food security authority to exercise the powers conferred on, and to perform the functions assigned to it under this actconstitution of nationalfood security authority(2) the national authority shall consist of the following persons, namely:—5(a) a chairperson, who shall be of the rank of cabinet secretary having domainknowledge and professional expertise in the field of agriculture and food security(b) not more than three members of the rank of secretary to the government ofindia to be appointed by the central government from amongst persons having experience in the fields of agriculture, food security management, economics, consumer affairs and judiciary:10provided that if the powers of the national authority are vested in an individual, such individual shall be entitled to the same powers and functions and shall be assisted or provided with the same secretarial support and technical expertise as are available to the national authority consisting of more than one person under this act15(3) the head office of the national authority shall be in delhi(4) the national authority may appoint such number of officers and employees as it considers necessary for the efficient discharge of its functions under this act(5) the qualifications and experience, terms of office and allowances of the members, officers and employees of the national authority shall be such, as may be prescribed204 the powers and functions of the national authority, shall inter alia, include,—functions of national authority(i) to gather information in respect of food from across different countries as wellas from within the country, global national cropping patterns and prepare global inventory for consumption habits and weather patterns affecting rains;25(ii) to advise government with regard to timing and modalities for trade in foodand inputs thereof;(iii) to suggest cropping patterns designed to meet consumer preferences fordomestic consumption as well as for exports to other countries;(iv) to study and consider the impact of changes in global climate on foodproduction and make appropriate recommendations thereon;30(v) to consider and advise on linkages between food insecurity and energysecurity; and(vi) to advise the government and such other matters as may be referred to itfrom time to timeannual report355 the national authority shall prepare, once every year, in such form and at such timeas may be prescribed, an annual report, giving summary of its activities during the previous year and submit it to the central governmentpower to make rules6 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40(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 composition of the national authority, (b) the method of the appointment of the chairperson and members of the nationalauthority,45(c) any matter or matters not expressly provided for in the act, but considerednecessary for the appointment and functioning of the national agency statement of objects and reasonsas a result of global warming, there is a drastic change in the climatic conditionsweather cycles are also changing agricultural productivity is on the verge of decline cost of production per tonne would rise because of rising cost of inputs besides, as a result of various factors, consumer tastes and preferences are also undergoing a drastic change hence, there is a need for establishment of a national food security authority to study and consider the impact of changes in global climate on food production and make appropriate recommendations to the government from time to timehence the billn k singh financial memorandumclause 3 of the bill seeks to constitute the national food security authority and makes provisions for salary and allowances of the members, officers and employees of the agencythe bill, if enacted will involve an additional expenditure from the consolidated fund of india it is estimated that a sum of rupees two hundred crore may involve as recurring expenditure from the consolidated fund of indiaa non-recurring expenditure of rupees fifty crore is also likely to be incurred memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only as such the delegation of legislative power is of normal character rajya sabha a billto provide for the establishment of a national food security authority and for matters connected therewith or incidental thereto(shri nk singh, mp)gmgipmrnd—4760rs(s-5)—29-12-2008 | Parliament_bills | 6a96860f-bb6b-577e-930e-f95f5598f433 |
bill ne its of 1987 tme high covrt judgbs (conditions of service) amendment lull, in7 a billfurther te> mend the high court judges "onditiom of s,-vice) act, 1954 be it enacted by parliament in the thirty-eighth year of the repuhlic of india as follows:-i this act may be called the high court judges (conditions of short sen'ic~) amendment act, 1987 lille 28 of 1954 5 z in the high court judges (conditions of service) act, 1954, in amedmmt _f !leclio 22a ~ection 22a, in sub-section (2), for the words "an amount equal to twelve and a half per cent of his salary", the words "two thousand five hundred nlpcics" shall be substituted statemeat of objects and reasons ,~l'~ section 22a of the 'high court judges (conditions f service) act, 19'54 ~tates that every judge shall be entitled, without payment of rent, to the use of an official residence in accordance with such rules as may be made in this behalf and, in a case, where a judge does not avail him self of the use of an official residence, he may be paid an allowance equal to twelve and a half per cent ofbis salary every month under sectio 22d of the act, the allowance so payable shall be exempt from incometax it is proposed to enhance the said allowance to rs 2,500 per month in lieu of the high prevailing rentals 2 the bill seeks to achieve the above object new dsllii; p shiv shanker the 30th october, 1987 , j /: :~'~ ~_ 2 , ~ , : t',· i \ ,: '-" ,"""'~ w; '," \oj - '':~ the bilueeks to enhance the al1owancepjy~ble to a high colu't judge who -(foes not avail himself of the use of an oftlcial residence, from twelve and a half per cent of hi$ salky to rs 2,500 per month the additional expenditure will be mainly borne out by the state governments the central government will have to meet the additional expenditure in respect of the judges of the deihl high court and five per cent of the additional expenditure in respect of the judges of the punjab and haryana high court at present only two judges of the delhi high court and eight judges of punjab and haryana high court are not availing themselves o~ the use of ofticial residejice the bill, if -enacted and brought into operation would therefore involve an additional recurring expenditure of the order of rs g,20() per annulil from the consolidated fund of india i i 2 no non-recurring expenditure is likely to be involved (_ or 11m) ) - - - - 2%a (1) - - - - facility ef rat jiit,use!l (2) where a judge does rot avail lumsel1 gf the use,t all alicia! residence, he may lie paid every mo~t u auowance clf aa amount ell!ual to twelve and a )lalf per tof liis salary - - - - • a billfurther to amend the high court judges (conditions of service) act, 1954 (shri p shiv shankar,· minister of plcmning minister of programme implementation and minister of law and justice) ___ ~_l~ | Parliament_bills | f2b89a72-e256-50b8-88b6-e19db28dc480 |
the 23rd november, 2012 bill no xxxvi of 2012 the rural electrification authority bill, 2012 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-third year of the republic of india as follows:—1 (1) this act may be called the rural electrification authority act, 2012(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;59 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 country 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 delegation 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 | f1376410-4759-5d8f-b412-aa14fc4ea12e |
statement of objects and reasonsit is generally found that a large number of indian women belonging to lower middle income groups become destitute after the death of their husbands in our s widows are the most neglected persons they are not cared properly by their chil sometimes, conditions of such widows become so miserable due to poverty that unscrup persons of the society exploit their situation and make their lives poignant and dis, the society it is, therefore, expedient to liquidate this evil from the society and to provid pension to such widows from the state by rendering them reasonable financial assistance carrying on their livelihood honourably this bills seeks to achieve this objective new dewi; adk jeyaseel march 16, 2000 : : financial memorandumclause 3 of the bill provides that every destitute widow shall be eligible for a pension clause 4 of the bill provides for the appointment of enquiry officers, clause 6 of the bill envisages the payment of monthly pension ranging from rupees two thousand to rupees five thousand per month to the destitute widows the number of such widows in the country may not be less that 50 lakhs the grant of pension to such widows and payment of salary, etc to enquiry officers would involve a recurring expenditure of approximately rupees six hundred crore per year this expenditure will be met out of the consolidated fund of india it is also likely to involve a non-recurring expenditure of rupees five lakhs | Parliament_bills | 129717ab-e040-53ec-baad-c164dd25e82a |
bill no xxvii 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 india1 (1) this act may be called the constitution (amendment) act, 2012(2) it shall come into force at onceshort title and commencement2 in article 243g of the constitution,—5amendment of article 243g(i) for the words "may contain provisions for the devolution of powers andresponsibilities upon panchayats", the words "shall contain provisions for the devolution of powers and responsibilities upon panchayats" shall be substituted(ii) in sub-clause (b) after the words "eleventh schedule" the words"by the year 2012" shall be inserted103 in article 243w of the constitution,—amendment of article 243w(i) for the words "may contain provisions for the devolution of powers andresponsibilities upon municipalities", the words "shall contain provisions for the devolution of powers and responsibilities upon municipalities," shall be substituted(ii) in sub-clause (a)(ii) after the words "twelfth schedule" the words"by the year 2012" shall be inserted15 statement of objects and reasonsafter the 73rd and 74th constitutional amendments came into force, most of the states enacted their respective legislations governing panchayats and municipal bodies, in line with the constitutional amendmentswhile some states have enumerated the powers to be exercised by panchayats, by enumerating the subjects mentioned in the xith schedule of the constitution in the respective legislations and have allotted them to the zilla, tehsil and village panchayats and, similarly, the state governments have allotted the subjects mentioned in the xiith schedule to the various types of municipal bodies these enumerations are rather cosmetic in nature and necessary notifications, to actually allot these subjects to the respective panchayats and municipal bodies have not been issuedit is in this context, that the present bill seeks to make devolution of powers constitutionally mandatory by substituting the word "may" by the word "shall", in the respective articlessome state governments have given undertakings for the devolution of such powers by signing memoranda of understanding with the government of india however, a firm constitutional requirement is the need of the hour if the dream of former prime minister late shri rajiv gandhi, who was inspired by the ideals of mahatma gandhi of "gram rajya", is to be achieved hence this billshantaram naik annexure extract from the constitution of india243g powers, authority and responsibilities of panchayats— subject to the provisions of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to—(a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule 243w powers, authority and responsibilities of municipalities, etc— subject to the provisions of this constitution, the legislature of a state may, by law, endow— (a) the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect to—(i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule; (b) the committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the twelfth schedulerajya sabha————a billfurther to amend the constitution of india————(shri shantaram naik, mp)mgipmrnd—2102rs(s3)—09-08-2012 | Parliament_bills | 4166c360-ff27-5d88-9a9e-27e232c1e4eb |
the agricultural biosecurity bill, 2013 ————— arrangement of clauses ————— chapter preliminary clauses1 short title, extent and commencement 2 definitions 3 prohibition of import 4 prohibition of export 5 domestic quarantine 6 duty to inform chapter ii agricultural biosecurity authority of india7 constitution and incorporation of authority 8 composition of authority 9 qualification for appointment of director general10 powers of director general 11 conditions of service of the director general and members 12 meetings of authority 13 vacancies, etc, not to invalidate proceedings of authority 14 removal of director general, deputy director general and members 15 secretary of authority and his powers 16 officers and employees of authority 17 director, etc, not to undertake any other work 18 appointment of experts 19 committees of authority chapter iii transfer of assets, liabilities, etc, of authority20 transfer and vesting in authority undertakings of plant animal quarantinestations, etc21 general effect of vesting of undertaking in authority 22 special provision for transfer of employees to authority chapter iv powers and functions of authority23 functions of authority 24 declaration of quarantine pests 25 controlled areas 26 action by authority on report of state government 27 control measures and their implementation clauses28 prohibition on removal of plants, animals, plant products or animal productsor other objects, or pests under quarantine29 recovery of expenses from state government 30 accredited laboratories and accredited quarantine facilities 31 delegation of powers 32 authentication of orders and other instruments of authority 33 contracts by authority 34 mode of executing contracts on behalf of authority 35 borrowing powers of authority 36 power of authority to issue directions chapter v obligations under international agreements37 discharge of obligations under international agreements chapter vi emergency action38 declaration of biosecurity emergency 39 effect of declaration of biosecurity emergency 40 biosecurity emergency scheme chapter vii appeal and revision41 appeal 42 power of revision 43 re-analysis 44 procedure for sale of goods and application of sale proceeds chapter viii finance, accounts and audit45 grants by central government 46 constitution of agricultural biosecurity fund 47 accounts and audit 48 annual report and its laying before parliament chapter ix import of plants and animals, etc49 application of law relating to customs and powers of customs officers 50 release of imported products 51 revocation or suspension of permit or certificate 52 removal of imports chapter x enforcement53 appointment of designated officers 54 powers of designated officers 55 duties of designated officers clauses56 procedures for sampling and analysis 57 all agencies to assist 58 compensation not to be paid in certain cases chapter xi offences and punishment59 penalty for contraventions for which no specific penalty is provided 60 punishment for interfering with seized items 61 punishment for false information 62 punishment for obstructing or impersonating a designated officer 63 penalty for contravention in relation to imports and exports 64 punishment for subsequent offences 65 offences by companies 66 cognizance and trial of offences 67 recovery of penalty, etc chapter xii control by central government68 directions by central government 69 power of central government to prohibit import of pests or plants or animalsand its products in public interest70 power to supersede authority chapter xiii miscellaneous71 act to have effect in addition to other laws 72 power of central government to obtain reports and returns 73 officers and employees of the authority to be public servants 74 protection of action taken in good faith 75 bar of jurisdiction of civil courts 76 power of central government to make rules 77 power to make regulations 78 laying of rules and regulations before parliament 79 power to remove difficulties 80 repeal and savings bill no 312of 2013 the agricultural biosecurity bill, 2013 a billto provide for establishment of an authority for prevention, control, eradication and management of pests and diseases of plants and animals and unwanted organisms for ensuring agricultural biosecurity and to meet international obligations of india for facilitating imports and exports of plants, plant products, animals, animal products, aquatic organisms and regulation of agriculturally important micro organisms and for matters connected therewith or incidental thereto whereas the international plants protection convention came into force on the 3rd april, 1952 which provides for the purpose of securing common and effective action to prevent the spread and introduction of pests of plants and plants products and to promote appropriate measure for their control and india signed the said convention on the 30th april, 1952 and ratified the same on the 9th june, 1952and whereas an office of international des epizooties has been created under international agreement for the creation of an office of international des epizooties in paris and the main object of the said office is to promote and co-ordinate in experimental and other research work concerning the pathology or prophylaxis of contagious diseases of live-stock for which international collaboration is deemed desirable and india, as a member thereof, is required to take the measures to fulfil the said objectsand whereas, india, having ratified the said conventions, being the member of the said office has to make provision for giving effect thereto and matters connected therewith and incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the agricultural biosecurity act, 20135short 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, appoint:10provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 in this act, unless the context otherwise requires,—definitions(a) "appointed day" means the date with effect from which the authority is established by notification under sub-section (1) of section 7;15 27 of 2009(b) "animal" shall have the meaning assigned to it in clause (a) of section2 of the prevention and control of infectious and contagious diseases in animals act, 2009;(c) "animal product" means,—(i) all kinds of meat and meat products including fresh, chilled and frozen meat, tissue or organs of poultry, pig, sheep and goat;20(ii) egg and egg powder, milk and milk products of all kinds; (iii) embryos, ova and semen of bovine, ovine and caprine; (iv) pet food products of animal origin; and25(v) any other animal product which may be specified by central government, by notification, in the official gazette; (d) "authority" means the agricultural biosecurity authority of india constituted under sub-section (1) of section 7;(e) "beneficial organism" means any organism, including fungi, bacteria, viruses, virus-like organisms or invertebrate animals, utilised specifically for—(i) the control of a pest;30(ii) pollination; (iii) the production of commercially valuable agricultural products;or35(iv) any other purposes beneficial to agricultural production and ensuring agricultural biosecurity; (f) "biosecurity" means protection from the adverse effect which any organism has or may have on—(i) an organism excluding human organism; or (ii) other organisms such as plants, animals, terrestrial or aquatic; or (iii) the environment or part of environment; or40(iv) agricultural activities, fishing or pearling activities, or commercial activities relating to them which are being carried on, or intended to be carried on in the whole of the country or any part thereof;5(g) "biosecurity emergency" means any outbreak or occurrence in the country of an organism (being an organism not previously known to be established) that has the potential to cause significant loss to the biosecurity of the country;(h) "certificate" means an official document issued under this act for quarantine purpose which attests to the sanitary and phytosanitary status of any consignment affected by this act, or rules and regulations made thereunder;10(i) "containment" means the application of sanitary or phytosanitary measures in and around an infested area to prevent the spread of a pest or disease of plants and animals;15(j) "controlled area" means any area declared as such by the authority under section 25;(k) "conveyance" means any vessel, hovercraft, aircraft, train, truck, car, cart, cargo container, animal or any other device or mode of transport whereby plants, animals, plant products or animal products or other objects may be moved;20(l) "designated officer" means an officer of the authority designated as such under sub-section (1) of section 53 and includes the person appointed to act as designated officer under sub-section (2) of that section;(m) "director general" means director general of the authority; (n) "environment" includes—25(i) ecosystems and their constituent parts, including people andtheir communities;(ii) all natural and physical resources; (iii) amenity values (environmental or landscape benefit of treesirrespective of their commercial value as a timber crop); and30(iv) the aesthetic, cultural, economic, and social conditions that affect or are affected by any matter referred to in sub-clauses (i) to (iii);(o) "eradication" means application of sanitary or phytosanitary measures to eliminate pests and diseases from an area;(p) "export" with its grammatical variation and cognate expressions, means taking out of india to a place outside india;35(q) "import" with its grammatical variations and cognate expressions means bringing into india from a place outside india;(r) "import permit" means an import permit referred to in clause (i) of section 3;40(s) "infectious or contagious disorders" includes tick-pest, glanders, farcy,scabies and any other parasite, disease or disorder which may be specified by the central government by notification;(t) "integrated pest management" means management of pests by using eco-friendly methods;45(u) "live-stock" includes cattle, horses, canine, camels, sheep, pigs, goatand poultry and any other animal as may be specified by the central government by notification;(v) "member" means a member of the authority and includes the director general;(w) "notification" means notification published in the official gazette;5(x) "object" means any new organism, or micro-organism and genetic structure capable of replicating, and includes any other object other than plants, plant products, animals and animal products which is capable of carrying or harbouring a pest, including soil and packaging;(y) "organism" means a living thing that can cause a disease and includes,—(i) micro-organism;10(ii) an entity notified by the central government in the official gazette, to be an organism for the purpose of this act;(iii) a reproductive cell or developmental stage of an organism, but does not include a human being or a part of human being or a genetic structure derived from a human being;15(z) "pest" means any species, strain or biotype of plant, animal, or pathogenic agent injurious to plants or animals or plant products or animal products;20(za) "pest risk analysis" means the process of evaluating biological or other scientific and economic evidence to determine requirement of the regulation of a pest and the strength of any sanitary or phytosanitary measure to be taken against it;(zb) "phytosanitary or sanitary certificate" means the phytosanitary or sanitary certificate referred to in clause (ii) of section 3;25(zc) "phytosanitary or sanitary measure" means any measure taken under this act, or rules or regulations made thereunder, or other administrative orders, instructions or guidelines, for the purpose of preventing the introduction or the spread of a quarantine pest;(zd) "plant" means living plants and parts thereof, including seeds and propagules;30(ze) "plant products" mean any unmanufactured material of plant origin including grain, and those manufactured products which, by their nature or that of their processing, may create a risk for the introduction and spread of pests;35(zf) "post-entry quarantine" means quarantine measures applied to a consignment after import;(zg)"prescribed" means prescribed by rules made under this act;40(zh) "prohibition" means any sanitary and phytosanitary measure forbidding the import, or the export, or the movement of such pests, plants, animals, plant products or animal products or other objects as the authority may specify by regulation;(zi) "quarantine pest" means a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled by the authority;(zj) "regulation" means a regulation made by the authority under this act;(zk) "research institute" means any institution conducting research on plants, plant products, animals, animal products, pests or diseases and includes, agricultural universities and research laboratories under the indian council of agricultural research, indian council of forestry research and education, indian council of medical research, council of scientific and industrial research and private sector and academic institutions;(zl) "restricted place" means any place that has been declared by a designated officer to be a restricted place under this act;5(zm) "safer and effective pesticide" means pesticide safe to the human beings and animals and found effective against the pests for which it is recommended for control under any law for the time being in force;10(zn) "soil" means any medium, including earth, water, compost or clay, which is capable of supporting plant life, or of harbouring or transmitting pests;(zo) "transgenic material" means any plant or animal origin material transformed by genetic engineering and in particular by adding a foreign gene using modern biotechnology;15| ( | zp ||-----------------------------------|------|| or rendering infertile the pests | || prohibition | of || import | |203 no person shall import into india any plant, animal or plant product or animal product or any other object in contravention of any notification issued by the authority specifying the plant, animal, plant product or animal product or other object, or in contravention of the guidelines issued by the authority, the import of which shall be prohibited except in accordance with,—(i) an import permit issued by the designated officer in such form, manner and on payment of such fee and subject to such conditions and exemptions as may be specified by regulations; and25| ( | ii ||------------------------------------------------------------------------------|------|| of the country of origin and the country of re-export of such imports as may | || be specified by regulations | || prohibition | of || export | |304 no person shall export any plant, animal, plant product or animal product or other object except in accordance with the sanitary or phytosanitary certificate issued by the designated officer in such manner and on payment of such fee as may be specified by regulations:provided that no such certificate shall be necessary where the country of destination does not require itdomestic quarantine355 except as provided under this act, or rules and regulations made thereunder, no person shall possess, move, grow, raise, culture, breed or produce any plant, animal and plant product or animal product or any other object, as the case may be, if he has reasons to believe that it is carrying or harbouring, or may carry or harbour, a quarantine pest, or that it is or could be infested or infected with a quarantine pest40duty to inform6 where a person becomes aware of the existence of a pest or disease ofplant or animal which the person suspects to be a quarantine pest or disease in an area where such pest or disease has not previously been known to exist, it shall be duty of that person to inform immediately the existence of such pest or disease chapter ii agricultural biosecurity authority of india45constitution and incorporation of authority7 (1) with effect from the appointed day, the central government shall, by notification, constitute an authority to be called the agricultural biosecurity 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 or be sued(3) the head office of the authority shall be at faridabad5 8 the authority shall consist of—composition of authority(a) a director general to be appointed by the central government; (b) two deputy director generals to be appointed by the central government from amongst the persons having special knowledge and experience of not less than ten years in plant and animal sciences - members;1015(c) two members to be appointed by the central government, from amongst persons having special knowledge and experience of not less than ten years in plant and animal quarantine, or in plant and animal protection, or in any other discipline pertaining to plant and animal protection, which, in the opinion of the central government, is related to the functions of the authority - members;(d) three members to be appointed by the central government by rotation in the alphabetical order to represent the states and the union territories:20provided 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(e) one representative of the ministry or department dealing with the agriculture and co-operation, not below the rank of joint secretary - member;25(f) one representative of the ministry or department dealing with the animal husbandary, dairying and fisheries, not below the rank of joint secretary—member;(g) one representative of the ministry or department dealing with the commerce, not below the rank of joint secretary - member;(h) one representative of the ministry or department dealing with the environment and forest, not below the rank of joint secretary -member;30(i) one representative from the indian council of agricultural research, to be nominated by the director general, indian council of agricultural research, not below the rank of joint secretary - member;35(j) one representative from the indian council of forestry research and education, to be nominated by the director general, indian council of forestry research and education, not below the rank of joint secretary - member;(k) one representative of the ministry or department dealing with health or from food safety and standards authority of india, not below the rank of joint secretary - member;40(l) the member (customs) of central board of excise and customs,department of revenue, ministry of finance - member;(m) one representative from the ministry or department dealing withbiotechnology, not below the rank of joint secretary - member;(n) one representative to be nominated by the director general, councilof scientific and industrial research not below the rank of joint secretary - member;45(o) one representative from the national disaster management authority,not below the rank of joint secretary - member;(p) one representative from the defence research and developmentorganisation, not below the rank of joint secretary - member;50(q) one representative of the ministry or department dealing with legal orlegislative affairs, not below the rank of joint secretary - memberqualification for appointment of director general59 the director general of the authority shall be appointed by the centralgovernment from amongst persons who have special knowledge and professional experience of such years as may be prescribed in plant and animal quarantine or in plant and animal protection or any other discipline pertaining to plant and animal protection or from amongst the persons from the administration who have been associated with the subject: provided that a person who is in the service of government shall not beappointed as director general unless he is holding or has held the post not below the rank of additional secretary to the government of india10powers of director general10 the director general shall be the chief executive officer of the authorityand shall have the general superintendence and directions in the conduct of the affairs of the authority and shall, in addition to presiding over the meetings of the authority, exercise and discharge such powers and functions of the authority as may be prescribed1511 (1) the term of office and conditions of service of, and fee and allowancespayable to, the director general, deputy director general and the other members (other than ex officio members) shall be such as may be prescribedconditions of service of director general and members20(2) the director general, deputy director general or any other member ceasingto hold office as such, shall not accept any commercial employment, for a period of two years from the date he ceases to hold such office without the approval of the central government25 explanation— for the purposes of this section, "commercial employment"means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in plants, animals, plant products or animal products, aquatic organisms and micro-organisms or other object and includes also a director of a company or partner of a firm and it also includes setting up practice either independently or as partner of a firm or as an adviser or a consultantmeetings ofauthority3012 (1) the authority shall meet at such times and places, and shall observesuch procedures in regard to the transaction of business at its meetings, including the quorum, as may be provided by regulations(2) the director general or, if for any reason he is unable to attend any meetingof the authority, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting35 (3) all questions which come up before the authority in the meeting shall bedecided by a majority of votes of the members present and voting, and, in the event of an equality of votes, the director-general, or in his absence, the person presiding the meeting, shall have a second or casting vote(4) the authority may make regulations for the transaction of business at its meetings4013 no act or proceeding of the authority shall be invalid merely for 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; | | |45(c) any irregularity in the procedure of the authority not affecting the merits of the case5014 (1) notwithstanding anything contained in section 11, the central government may, by order, remove from office the director general, deputy director general or any member referred to in clause (c) of section 8, if the director general or such other member—| removal | of ||-------------------|------|| director general, | || deputy director | || general | and || members | |(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;(c) has become physically and mentally incapable of acting as a member;or5(d) has acquired such financial or other interests as are 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 interest10(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 matter| secretary ||-------------------|| authority and his || powers |15 (1) the central government shall appoint a secretary to the authority who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the director general15(2) the secretary shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and such other matters as may, from time to time, be fixed by the central government| officers | and ||-------------|-------|| employees | of || authority | || 20 | |16 subject to such control and restrictions as may be prescribed, the authority may appoint such other officers and employees, as may be necessary, for the efficient performance of its functions and the method of appointment, the scale of pay and allowances and other conditions of service of such other officers and employees of the authority shall be such as may be provided by the authority by regulations| director, ||------------------|| not to undertake || any other work |17 the director general, deputy director general, other members, the secretary and other employees of the authority shall not undertake any work unconnected with their duties under this act except with the permission of the central government25appointment of experts3018 the authority may engage, in such manner and on such remuneration orfee as may be specified by regulations such number of experts and professionals of integrity and outstanding ability, having special knowledge of, and experience in, plant pests and diseases and animal diseases or such other disciplines related to agricultural biosecurity as it deems necessary to assist the authority in the discharge of its functions under this actcommittees ofauthority19 (1) the authority may appoint such committees as may be necessary forthe efficient discharge of its duties and performance of its functions under this act35(2) the authority shall have the power to co-opt as members of any committee appointed under sub-section (1) such number of persons, who are not members of the authority, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote40(3) the persons co-opted as members of a committee under sub-section (2)shall be entitled to receive such allowances for attending meetings of the committee as may be fixed by the authority chapter iii transfer of assets, liabilities, etc of authority45transfer and vesting in authority undertakings of plant animal quarantine stations, etc20 (1) on and from the appointed day, there shall be transferred to, and vest in, the authority constituted under sub-section (1) of section 7, the undertakings of the existing plant quarantine stations, central integrated pest management centres, locust warning organisation, secretariat of central insecticide board and registration committee, any other laboratories under the directorate of plant protection, quarantine and storage, government of india and animal quarantine stations and connected laboratories hereinafter referred to as "the undertakings"510 (2) the undertakings which are transferred to, and which vest in the authority under sub-section (1) shall be deemed to include all assets, rights, powers, authorities and privileges and all property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature and wheresoever situate, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the undertakings, in relation to their undertakings, whether within or outside india, all books of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the undertakings in relation to their undertakings15general effect of vesting of undertaking in authority21 (1) all contracts, agreements and working arrangements subsisting immediately before the appointed day and affecting the undertakings, shall, in so far as they relate to the undertakings cease to have effect or be enforceable against the undertakings and shall be of as full force and effect against or in favour of the authority in which the undertakings have vested by virtue of this act and enforceable as fully and effectually as if, instead of the undertakings the authority had been named therein or had been a party thereto20(2) any proceeding, suit or cause of action pending or existing immediately before the appointed day by or against the undertakings in relation to their undertakings may, as from that day, be continued and enforced by or against the authority in which they have vested by virtue of this act, as it might have been enforced by or against the undertakings if this act had not been passed, and shall cease to be enforceable by or against the undertakings25special provision for transfer of employees toauthority3022 (1) on the establishment of the authority, it shall be lawful for the central government to transfer to the authority, by order and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the directorate of plant protection quarantine and storage and animal quarantine stations under the central government immediately before the date on which the authority is established:35provided that the scale of pay of the post in the authority to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer(2) an order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this act40(3) before any order is issued under sub-section (1), all officers and employeesof the aforesaid directorate of plant protection quarantine and storage and animal quarantine stations shall be given an option to express, in such form as may be prescribed, and within such time as may be specified in that behalf by the central government, their willingness or otherwise to become employees of the authority and such option once exercised shall be final:45provided that no order under sub-section (1) shall be made in relation to any officer or other employee of the directorate of plant protection quarantine and storage and animal quarantine stations who has intimated his intention of not becoming an employee of the authority within the time specified in that behalf:50provided further that such of the officers and employees of the directorate of plant protection quarantine and storage and animal quarantine stations who do not express, within the time specified in that behalf, their intention of becoming the5employees of the authority, shall be dealt with in the same manner and in accordance with the same laws and standing orders as would have applied immediately before the commencement of this act to the employees of the directorate of plant protection quarantine and storage and animal quarantine stations in the event of the reduction of the strength of the officers and employees of the directorate of plant protection quarantine and storage and animal quarantine stations10 15(4) an officer or other employee transferred by an order made under sub-section(1) shall, on and from the date of transfer, cease to be an employee of the directorate of plant protection quarantine and storage and animal quarantine stations and become an officer or other employee of the authority with such designation as the authority may determine and shall, subject to the provisions of the proviso to subsection (1), be governed by the regulations made by the authority under this act in respect of remuneration and other conditions of service (including pension, leave, provident fund and medical benefits) and shall continue to be an officer or other employee of the authority unless and until his employment is duly terminated by the authority:20provided that till such time as the regulations referred to above governing the conditions of service of its officers or other employees are framed by the authority, the relevant laws and standing orders applicable to the officers and employees of the directorate of plant protection quarantine and storage and animal quarantine stations shall continue to be applicable to them25(5) if a question arises whether the terms and conditions of service specified in the regulations framed by the authority in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the authority, the decision of the central government in the matter shall be final chapter iv powers and functions of authority23 the functions of the authority shall be to—30functions of authority(a) prevent the introduction of quarantine pests in india from outside the country by regulating the import of plants, animals and plant products or animal products and other objects;35(b) regulate the export of plants, animals, plant products or animal products and other objects, to meet the importing country's requirements in accordance with international agreements, and to discharge such obligations under those international agreements;(c) declare, by notification, any place to be a controlled area under section25;40(d) regulate the spread of pests and diseases of plants and animals from one state to another;(e) regulate the introduction of new or beneficial organisms into thecountry;45(f) implement such post-entry quarantine measures wherever necessary,either by itself or through research institutes, or jointly with such research institutes, as may be provided by regulations;(g) undertake pest risk analysis; (h) undertake regular review and revision with a view to update andharmonise sanitary or phytosanitary measures;(i) undertake surveys and surveillance of pests and diseases of plants and animals in india;(j) interact with international, regional or national plant protectionorganisations;5(k) interact with research institutes and state governments on mattersrelating to plant and animal protection and quarantine;(l) provide such technical guidance and assistance as it considersnecessary to agriculture, horticulture, animal husbandry and fisheries departments of state governments and other statutory bodies;10(m) arrange training programmes and hold workshops, seminars andconferences periodically to review status of pests and pathogens, and to spread awareness on plant and animal quarantine through mass media;(n) frame guidelines for the import and export of plants, animals, plantproducts or animal products and other objects, whether for trade or research;15(o) regulate the import of transgenic materials with respect to sanitaryand phytosanitary matters;| ( | p | ) establish plant and animal quarantine stations, pest management ||-------------------------------------------------------------------|-----|---------------------------------------------------------------------------|| centres or other units at such places as may be deemed necessary; | | || ( | q | ) promote integrated pest management; || 20 | | || ( | r | ) watch and control locusts in such areas as the central government || may, by notification, specify; | | || ( | s | ) take steps to ensure availability of safer and effective pesticides and || their quality control; | | || ( | t | ) contribute towards development of human resource in plant and animal || protection technology; | | |25(u) advise and assist the central government on all matters includinginternational obligations related to plant and animal protection;(v) establish and maintain diagnostic laboratories related to pests anddiseases of plants and animals;30(w) charge such fees for the services provided under this act, as may bespecified by regulations;(x) recommend to the central government to issue directions to the stategovernments for the purpose of enforcing obligations under international agreements;(y) undertake such other activities as may be prescribed35declaration ofquarantine pests24 the authority may declare, by notification, any pest to be a quarantinepestcontrolled areas4025 where the authority, on information received from the state government orany other information obtained suo-motu, suspects or determines that an area isinfested or infected with a quarantine pest, and is of the opinion that the quarantine pest could spread, the authority may by notification declare that area to be a controlled area45action byauthority onreport of state government26 (1) where the information has been received by the authority from anysource other than the state government, and the authority has reason to believe that an area is infested or infected with a quarantine pest, and is of the opinion that the quarantine pest could spread, the authority shall forward such information to thestate government requesting the state government to send to the authority a detailed report on the said information within a period stipulated by the authority, or within such extended time as the authority may deem fit in consultation with the state government, before issuance of the declaration under section 255(2) where the concerned state government fails to take measures in a controlled area declared under section 25, then, it shall be lawful for the authority to take necessary steps for eradication, containment or prevention of spread of the quarantine pest in such controlled area and such state government shall reimburse the authority the costs incurred by it for such purpose:10provided that the central government may exempt the concerned state government from whole or part of the reimbursement of the costs, if the concerned state government gives reasons to the satisfaction of the central government for such exemption and exempted costs shall be reimbursed by the central government to the authority15 (3) where an area has been declared as controlled area under section 25 that area shall continue to be the controlled area until the authority, by notification, declares that the controlled area is no longer infested or infected with quarantine pest2027 (1) where an area is notified to be a controlled area under section 25, the authority shall communicate to the concerned state government the quarantine measures which the state government may implementcontrol measures and their implementation(2) in particular, and without prejudice to the generality of the foregoing, such quarantine measures include the following matters, namely:—25(a) treatment or disposal of plants, plant products, animals, animal products or other objects, whether infested or infected or not, as well as treatment of conveyances in order to limit the spread of the quarantine pest and infected plants, plant products, animals and animal products;30(b) prohibition, restriction or control on removal of any plant, plant product, animal, animal product or other object from a controlled area to any other part of india;(c) stipulation of the period within which it shall not be lawful to plant or replant with any particular plant, the whole or any portion of such controlled area;(d) any other measure which the authority may communicate35(3) the designated officer and the state government through its agencies shall jointly implement the quarantine measures referred to in sub-sections (1) and (2)and they shall also co-ordinate surveys, reports and actions in case of new outbreak of pests or during eradication campaign4028 no plant, animal, plant product or animal product or other object or pest in the area where quarantine measure has been implemented under this act, shall be removed from that area or from a quarantine station situated in that area, except with the approval in writing of the designated officerprohibition on removal of plants, animals, plant products or animal products or other objects, or pests under quarantine45recovery of expenses from state government29 where the state government fails to repay the costs of any measure taken under this chapter, such costs shall be recoverable from the state government in the manner provided by the code of criminal procedure, 1973, for the recovery of fines imposed by a court, as if such costs were a fine imposed by a court30 the authority may accredit any laboratory, or any quarantine facility, subject to such conditions and to carry out such activities as may be specified by regulationaccredited laboratories and accredited quarantine facilitiesdelegation ofpowers531 the authority may, by general or special order in writing, delegate to thedirector general or any other member, or to any officer of the authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act (except the powers under section 76) as it may deem necessary10authentication of orders and other instruments of authority32 all orders and decisions of the authority shall be authenticated by thesignature of the director general, 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 behalfcontracts byauthority1533 subject to the provisions of section 34, the authority shall be competent toenter into and perform any contract necessary for the discharge of its functions under this act34 (1) every contract shall, on behalf of the authority, be made by the directorgeneral or such other member, or such officer of the authority as may be generally or specially empowered in this behalf by the authority, and such contracts or class of contracts shall be sealed with the common seal of the authority:mode of executing contracts on behalf of authority20provided that no contract exceeding such value or amount, as the centralgovernment may, from time to time, by order, fix in this behalf, shall be made unless it has been previously approved by the authority:25provided further that no contract for the acquisition or sale of immovable propertyor 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, from time to time, by order fix in this behalf, shall be made unless it has been previously approved by the central government(2) subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this act, shall be such as may be specified by regulations30(3) no contract, which is not in accordance with the provisions of this act and the regulations made thereunder, shall be binding on the authorityborrowing powers of authority3535 (1) the authority may, with the prior consent of the central government orin 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 functions under this act40(2) the central government may guarantee, in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by 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 act45power of authority to issue directions36 the authority may, for the discharge of its functions under section 23 issue such directions from time to time to importers and exporters of plant, animal, plant product or animal product or other object, as it may consider necessary chapter v obligations under international agreements37 the authority shall—discharge of obligations under international agreements5(a) act as the national plant protection organisation to dischargeobligations under the international plant protection convention, and on request by any international, regional or other national plant protection organisation, provide it free of charge or on reciprocal basis, such information as the authority may have in regard to import and export of, and technical requirements for, plants, plant products and other objects;10(b) act as the national organisation to discharge obligations under theoffice international des epizooties, and on request by any regional or national organisation, provide it free of charge or on reciprocal basis, such information as it may have in regard to import and export of, and technical requirement for, animals, animal products, marine products and other objects:15 provided that before providing any information under this section, approval of the central government shall be obtainedexplanation— for the purposes of this section the expression—(i) "international plant protection convention" means the international plant protection convention, 1951 of which india is a member; and20(ii) "office international des epizooties (oie)" means the office international des epizooties created through an international agreement of which india is a member chapter vi emergency action38 (1) if the authority is satisfied, on the information received by it that—25(a) there is likelihood of —declaration of biosecurity emergency30(i) an outbreak or occurrence in india of an organism, which is notpreviously known to be established in india and if it becomes established in india, it has the potential to cause significant loss to the biosecurity of the country; or(ii) an organism, previously thought to be of restricted distributionor abundance in india, which has become so distributed and abundant in india or any part thereof that it has the potential to cause significant loss to the biosecurity; or35(iii) spreading of a pest beyond control by the application of thenational pest management strategy for that pest; and(b) it is in the public interest that action be taken immediately to manage, or eradicate the organism and such management or eradication is not effectively possible in normal course;40it may recommend the central government to declare a biosecurity emergency in respect of the whole of india or of such part of the territory thereof as may be specified in the recommendation (2) the central government, if it is satisfied, on the recommendation made under sub-section (1) and after consultation with such persons as it may deem reasonable, that such biosecurity emergency exists, may make declaration to that effect in respect of the whole of india or of such part of the territory thereof as may be specified in the declaration (3) a declaration made under sub-section (2) may be varied or revoked by subsequent declaration (4) the central government shall not issue a notification varying such proclamation unless the recommendations of the authority are communicated to it5 (5) a declaration under sub-section (2) shall cease to have effect on the expiration of six months unless revoked earlier39 while the declaration of biosecurity emergency is in operation, then,—effect of declaration of biosecurity emergency10(a) the central government may give all such directions to the authority and require all such acts to be done or not to be done by the authority as the central government may deem necessary for the purpose of managing or eradicating the organism in respect of which such biosecurity emergency is declared;15(b) the authority may take such measures and do all such acts and things which the authority deems necessary for the purpose of managing or eradicating the organism in respect of which such biosecurity emergency is declaredbiosecurity emergency scheme40 (1) the authority may with the prior approval of the central government, at any time while a declaration of biosecurity emergency under sub-section (2) of section38 is in force, by notification, make a scheme for the management or eradication of the organism in respect of which such emergency has been declared20(2) the central government may, before giving approval under sub-section (1), consult such experts as it may deem fit as to the desirability of such scheme chapter vii appeal and revisionappeal2541 any person aggrieved by any order of the designated officer under this act may within a period of thirty days from the date on which the said order is communicated to him appeal, in the such manner and on such payment of fees as may be prescribed, to the central government whose decision thereon shall be final:30 provided that the central government may entertain an appeal after the expiry of thirty days if it is satisfied that such person was prevented by sufficient cause from filing the appeal in timepower of revision42 the central government may, at any time, call for and examine the record relating to any case on which the designated officer has made an order for the purpose of satisfying itself as to the legality or propriety of such order and make such order as it may deem fit:35 provided that no order under this section shall be made after the expiry of one year from the date of such decision: provided further that the central government shall not make any order againstany person unless that person has had a reasonable opportunity of showing cause against the proposed order40re-analysis43 any person aggrieved by a report of analysis of sample made under thisact or the rules and regulations made thereunder, may request the designated officer for re-analysis by a different laboratory of the authority, or an accredited laboratory, whose report shall be final45procedure forsale of goods and application ofsale proceeds44 (1) where any plant, animal, plant product or animal product or other objectnot confiscated is required to be sold for the realisation of the dues of the authority, or otherwise under this act, after ensuring that it does not pose biosecurity risk to the country, under this act, the authority shall, after the notice to the owner thereof, sell by public auction or by tender or with the consent of the owner in any other manner such plant, animal, plant product or animal product or other object(2) the proceeds of any such sale referred to in sub-section (1) shall be applied,—(a) firstly to the payment of the expenses of the sale; (b) next to the payment of the dues of the authority in respect to the plant, animal, plant product or animal product or other object sold;5(c) next to the payment of the charges, if any, payable in respect of the plant, animal, plant product or animal product or other object sold, due to the person having the custody of such plant, animal, plant product or animal product or other object; and10(d) next to the payment of any amount due from the owner of the plant, animal, their product, or other object sold, to the central government if any such intimation has been received by the authority, and the balance, if any, remains after such payment shall be paid to the said owner chapter viii finance, accounts and audit15grants by central government45 the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants and loans of such sums of money as the central government may think fit for being utilised for the purposes of this act 46 (1) there shall be constituted a fund to be called the agricultural biosecurity fund and there shall be credited thereto,—constitution of agricultural biosecurity fund20(a) all grants and loans made by the central government under section45;(b) all grants, fees, penalties and charges received by the authority under this act;25(c) all sums received by the authority from such other source as may be approved by the central government (2) the agricultural biosecurity fund shall be applied,—(a) for meeting—(a) the cost of the measures taken under this act, or rules and regulations made thereunder;30(b) the salaries, allowances and other remuneration, as the case may be, of the members of the authority, members of committees, special invitees, officers and other employees of the authority;(c) the administrative expenses of the authority and any other expenses authorised by or under this act; and35(d) repayment of any loan under clauses (a) and (c) of sub-section(1)40(b) for the purpose of expanding existing facilities or services, or creating new facilities or services, or for the purpose of providing against any temporary decrease of revenue or increase of expenditures from transient causes or for purposes of replacement or for meeting expenditures arising from loss or damage from incidence of pest infestation or infection, or for meeting any liability arising out of any act or commission in the discharge of its functions under this act (3) all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the central government, be decided by the authority| accounts | and ||----------------------------------------------------------------------------------------|-------|| audit | || 47 | ( || and prepare an annual statement of accounts including profit and loss account and | || balance sheet in such form as may be prescribed by the central government in | || consultation with the comptroller and auditor-general of india | || 5 | || ( | 2 || and auditor-general of india and any expenditure incurred by him in connection with | || such audit shall be payable by the authority to the comptroller and auditor-general | || of india | || 10 | || ( | 3 || 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 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 and other documents and papers, and inspect any place under, | || or any office of, the authority | || 15 | |(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 parliament20annual report and its laying before parliament48 (1) the authority shall prepare once every year in such form and in suchtime as may be prescribed, an annual report giving a summary of its activities including information relating to proceedings and policies during the previous year and such report shall also contain annual accounts of the authority25(2) a copy of the report shall be forwarded to the central government and thecentral government shall cause such report to be laid, as soon as may be after it is received, before each house of parliament chapter ix import of plants and animals, etc52 of 196230application oflaw relating to customs andpowers ofcustoms officers3549 (1) the law for the time being in force relating to the customs and goods,the import of which is prohibited under the customs act, 1962 or any other law for the time being in force shall, subject to the provisions of section 3 of this act, apply in respect of pests or plants or animals, the import of which requires permit and certificate by the authority under the said section, or prohibited by the authority and officers of customs and officers empowered under the customs act, 1962 or any other law for the time being in force, to perform the duties imposed thereby on a commissioner of customs and other officers of customs, shall have the same powers in respect of such pests or plants or animals as they have for the time being in respect of such goods as aforesaid4045(2) without prejudice to the provisions of sub-section (1), the commissioner of customs or any officer of the government authorised by the central government in this behalf, may detain any imported package which he suspects to contain any pests or plants or animals which is the import of which requires the permit and certificate under section 3, or, prohibited by the authority under the said section and shall forthwith report such detention to the authority, and, if necessary, forward, with the approval of the authority, the package or sample of any suspected pests or plants or animals and its products found therein to the laboratory notified or research institution accredited under this act50 no plant, animal or plant product or animal product or other object imported into india shall be released unless—release of imported products50(i) the importer has produced to the designated officer all permits,certificates and other documentation as may be required under the provisions of this act, or rules and regulations made thereunder;(ii) such plant, animal, plant product or animal product or other object is, or has been, presented to and cleared by the designated officer in accordance with the provisions of this act, or rules and regulations made thereunder551 (1) if the designated officer is satisfied, either on a reference made to him in this regard or otherwise, that—revocation or suspension of permit or certificate(a) the import permit or the sanitary or phytosanitary certificate has beengranted by misrepresentation of an essential fact; or10(b) the holder of such import permit or sanitary or phytosanitary certificatehas failed to comply with the conditions subject to which such import permit or sanitary or phytosanitary certificate was granted, or has contravened any of the provisions of this act, or rules and regulations made thereunder,15then, without prejudice to any other penalty to which the holder of such permit or certificate, as the case may be, is liable under this act, the designated officer may, after giving the holder of such permit or certificate, an opportunity of showing cause, revoke or suspend such permit or certificate(2) subject to any regulation that may be made in this behalf, the designated officer may also vary or amend the permit or certificate granted under section 3 or section 4removal of imports2052 (1) where the designated officer has reasons to believe that any plant, animal and plant product or animal product or other object imported into india—(a) was imported in contravention of the provisions of this act, or rules and regulations made thereunder; or(b) contains a quarantine pest,25then, the designated officer may, give a notice by registered post or through electronic media or by any other verifiable means to the owner of such plant, animal, plant product or animal product or other object, or to the person having the possession, care or control of it, requiring him within a period not exceeding thirty days to remove it from india30(2) where the owner or the person referred to in sub-section (1) fails to remove such plant, animal, plant product or animal product or other object within such time as may be allowed for the purpose, the designated officer may seize it, cause it removed and destroyed at the cost of such owner or person2 of 197435(3) the costs of such seizure, removal or destruction shall be recoverable from such owner or person in the manner provided by the code of criminal procedure, 1973, for the recovery of fines imposed by a court, as if such costs were fine imposed by the court chapter x enforcement40appointment of designated officers53 (1) the authority shall, by notification, designate from amongst the officers of the authority, such designated officers as it may deem fit, to perform functions and exercise powers under this act or rules and regulations made thereunder for such areas, as may be specified in the notification45 50(2) the authority may, without prejudice to the provisions contained in subsection (1), appoint by notification as the case may be, with the prior approval of the central government or state government or research institutes or any other public institution, without prejudice to the provisions contained in sub-section (1), such technically qualified persons subject to such conditions as it deems fit, from amongst the officers or employees working under such governments or institutions to act as designated officers to perform functions and exercise powers under this act, or rules and regulations made thereunder for such areas, as may be specified in the notification(3) the designated officers, who deal with export certification, shall be deemed as public officers for meeting the requirements of international agreements and conventions for the purposes of such certification5powers of designated officers54 (1) a designated officer shall have the power to inspect, examine and take samples of any plant, animal, plant product or animal product or other object, for analysis or test10(2) if the designated officer has reason to believe that violation of this act, or rules and regulations made thereunder, has been or is being or is likely to be committed, or for the purpose of satisfying himself as to whether the provisions of this act or rules and regulations made thereunder, or the conditions of any import permit or sanitary or phytosanitary certificate are being complied with, he may,—15(a) enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any land or premises to require any person to produce any import permit, sanitary or phytosanitary certificate or other documentation required under this act or rules and regulations made thereunder;20(b) inspect, examine and make copies of such permit, certificate or other documentation, or take extracts of registers or records maintained by such person, where he has reason to believe that any offence under this act has been committed by such person and seize such registers or records or portions thereof as he may consider relevant in respect of that offence;25(c) search any person, baggage (including luggage, bags, suitcase, hand bag and personal belongings), package (including boxes, parcel, containers, wooden packaging material) and other packaging material, conveyance (including boat, ship, ferry, cruise, aircraft, vessel, hovercraft, train, truck, car, cart, cargo, container and animal) or other thing upon entry into or exit from india by means of which the offence under this act has been or is being committed or which may be employed for commission of such offence;30(d) stop the distribution, sale or use of any plant, animal, plant product or animal product or other object, and seize the same, which he has reason to believe is being distributed, sold or used in contravention of the provisions of this act, or rules and regulations made thereunder;35| ( | e | ) where he has reason to believe that a pest is injurious to plant, animal, ||------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| plant product or animal product or other object, order at the expenses of the | | || owner the treatment or disposal (including reshipment and confinement in a | | || quarantine station) of the pest or any plant, animal, plant product or animal | | || product or other object imported into india, whether or not covered by an | | || import permit or a sanitary or phytosanitary certificate including treatment of | | || any incoming conveyance into india | | || 2 of 1974 | | || 40 | | || ( | 3 | ) the provisions of the code of criminal procedure, 1973, or, in relation to the || state of jammu and kashmir, any area in which that code is not in force, the provisions | | || of any corresponding law in force in that state or area, shall, so far as may be, apply | | || to any search or seizure under this section as they apply to any search or seizure | | || made under the authority of a warrant issued under section 94 of the said code or, as | | || the case may be, under the corresponding provisions of the said law | | || 45 | | || duties of | | || designated | | || officers | | || 50 | | || 55 | ( | 1 || pest is, or could be, present in an area, he may prohibit the owners or occupiers of any | | || land or building in that area or any other person having the possession, care or | | || control of plants, animals and plant products or animal products or other objects in | | || that area from moving them without the written authorisation of such designated | | || officer | | |5(2) the designated officer shall serve a notice in writing upon the owners or occupiers of any land or building in the area specified in sub-section (1), and, if necessary, upon owners or occupiers of any land or building in any adjacent place, ordering each of them, within a period to be indicated in such notice, to perform such treatment and carryout such measures, including the total destruction, of any plant, plant product, animal or animal product or other thing, whether or not infested or infected with the quarantine pest, as such designated officer may deem necessary for the eradication, containment or prevention of the spread of such quarantine pest(3) a notice under sub-section (2) shall be communicated in writing to the concerned owners or occupiers or other persons10 15(4) where no owner, occupier or any other person referred to in sub-section (2)on whom the notice is issued is present or found, or if the concerned land or plants, animals, plant products or animal products or other objects are not under the ownership, occupation, possession, care or control of such owner or occupier, service of any notice under sub-section (2) may be made by affixing such notice in a conspicuous place where such plants, animals, plant products or animal products or other plants are located, and such affixing shall be deemed to be the service of the notice on concerned owner, occupier or such other person20(5) if the owner or occupier or person referred to in sub-section (2), fails to comply with the requirements of the notice served under sub-section (2) or, as the case may be, under sub-section (4) on him, the designated officer shall proceed with the treatment, or destruction, as the case may be, and take such measures as may be necessary for properly and effectively carrying out the requirements of the notice25procedures for sampling and analysis56 procedures for sampling, testing and analysing plants, animals, plant products or animal products and other objects, shall be such as may be specified by regulations made in this behalfall agencies to assist57 every agency of the central government and the state governments shall render such help and assistance and furnish such information to the designated officer or a person or an agency authorised by him in writing, as he may require for the discharge of his functions under this act, rules and regulations made thereunder30compensation not to be paid in certain cases58 notwithstanding anything contained in any law for the time being in force, no compensation shall be payable for any action taken by the designated officer in good faith under this act and the rules and regulations made thereunder in respect of—35(a) a plant, animal, plant product or animal product or other object that is imported into india or exported from india in contravention of this act, or the rules and regulations made thereunder, or such plant, animal, plant product, animal product or other object that is found to be infested or infected with a quarantine pest when it is inspected on importation or before exportation; or40(b) the prohibition or restriction of the sale or movement of any plant, animal, plant product or animal product or other object where such sale or movement is prohibited or restricted as a result of the suspension or revocation of, or the refusal to grant, an import permit or a sanitary or phytosanitary certificate that is required under this act, or the rules and regulations made thereunder:4550 provided that the authority may award a reasonable compensation to a person for any loss or damage incurred to him in respect of non-infested or non-infected plant, animal, plant product or animal product or any other objects, land or premises, in the course of, or as a result of the implementation of, any sanitary or phytosanitary measure chapter xi offences and punishment559 whoever contravenes any provision 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 providedpunishment for interfering with seized items1060 if a person without the permission of the designated officer, retains, removes or tampers with any material or other thing that has been seized under this act, he 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, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees15punishment for obstructing or impersonating a designated officer62 if a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a designated officer in exercising his functions under this act, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupees2063 whoever, in contravention of the provisions of sections 3 and 4, imports or exports any plant, animal or animal product or plant product or any other product, he shall be punishable with imprisonment which may extend to two years and shall also be punishable with fine which may extend to two lakh rupeespenalty for contravention in relation to imports and exports25punishment 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; and30(ii) a further fine on daily basis which may extend up to one lakh rupees,where the offence is a continuing one35(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 fineoffences by companies4065 (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, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:45 provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such 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 has5been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purposes of this section,—(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firm10cognizance and trial of offences66 (1) no court shall take cognizance of an offence punishable under this act,except upon the complaint in writing made by the authority or by any officer of the authority duly authorised by the authority for this purpose(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 act15recovery of penalty, etc 67 a penalty imposed under this act or any dues of the authority under thisact, if it is not paid, shall be recovered as an arrear of land revenue chapter xii control by central government20directions by central government68 (1) without prejudice to the foregoing provisions of this act, the 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:25provided 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) if any dispute arises between the central government and the authority as to whether the question is or is not of policy, the decision of the central government thereon shall be final30(3) the 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 require35power of central government to prohibit import of pests or plants or animals and its products in public interest69 without prejudice to any other provision contained in this chapter, if the central government is satisfied that the use of any pests or plants or animals or its products is likely to involve any risk to human beings or animals or that in the public interest it is necessary or expedient so to do then, that government may, by notification, prohibit the import of such pests or plants or animals and or its products70 (1) if, at any time, the central government is of the opinion—power to supersede authority40(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; or45(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; or(c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification, supersede the authority for such period, not exceeding six months, as may be specified in the notification:5provided 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;10(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 ;15(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—20(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:25provided 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-section30(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 opportunity chapter xiii miscellaneous35 71 the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in forceact to have effect in addition to other laws72 the 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, requirepower of central government to obtain reportsand returns40| officers ||------------------|| employees of the || authority to be || public servants |45 of 186073 the members , officers and other employees of the authority shall, be deemed, when acting or purporting to act in pursuance of this act or the rules and regulations, made thereunder, to be public servants within the meaning of section 21 of the indian penal code| protection ||-----------------|| action taken in || good faith |4574 no suit, prosecution or other legal proceedings shall lie against the government, or the authority, or any member of the authority, or officers or other employees of the central government or authority, for anything which is in good faith done or intended to be done under this act, or the rules and regulations made thereunderbar of jurisdiction of civil courts575 no civil court shall have jurisdiction in respect of any matter which the authority or central government is empowered by or under this act to determine and no injunction shall be granted by any court in respect of any action taken or to be taken by the authority and the central government in pursuance of any power conferred by or under this act 76 (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, such rules may provide for all or any of the following matters, namely:—10(a) experience of the years under section 9; (b) the powers and functions of the authority which may be exercised and discharged by the director general under section 10;(c) the term of office and conditions of service of, and the allowances payable to, the director general, deputy director general and the other members other than ex-officio members under sub-section (1) of section 11;15(d) the powers and duties of secretary under sub-section (1) of section 15; (e) control and restrictions subject to which the authority may appoint other officers and employees under section 16;20(f) the form in which the option of willingness or otherwise to become employees of the authority be given under sub-section (3) of section 22;(g) other activities to be undertaken by authority under clause (y) of section 23;(h) the manner and fee for appeal under section 41;25(i) the form in which the authority shall maintain proper accounts and other relevant records, and prepare an annual statement of accounts including profit and loss account and balance sheet under sub-section (1) of section 47;(j) the form and time in which the authority shall prepare an annual report under sub-section (1) of section 48;(k) any other matter which is to be or may be prescribed under the act30power to make regulations77 (1) the authority may, with the previous sanction of the central government, by notification, make regulations not inconsistent with the provisions of this act or rules made thereunder, to provide for all matters necessary to give effect to the provisions of this act or rules made thereunder(2) in particular, and without prejudice to the generality of the foregoing, such regulations may provide for all or any of the following matters, namely:—35 (a) the form, manner, fee, conditions and exemptions of the import permitunder clause (i) of section 3; (b) the authority of the country of origin and the country of re-export whichshall issue the sanitary or phytosanitary certificate under clause (ii) of section 3;40 ( c) the manner in which and the fee on payment of which the designatedofficer shall issue the sanitary or phytosanitary certificate under section 4;(d) the times and places of meetings, and procedures in regard to thetransaction of business at the meetings, including the quorum of the authority under sub-section (1) of section 12;45(e) the method of appointment, the scale of pay and allowances and otherconditions of service of other officers and employees of the authority undersection 16;(f) the manner in which the experts and professionals may be engaged by the authority and their remuneration or fee under section 18;5(g) post-entry quarantine measures which may be implemented by the authority or through research institutes or jointly with such research institutes under clause (f) of section 23;(h) fee to be charged for services under clause (w) of section 23; (i) the form and manner in which any contract shall be made under subsection (2) of section 34;10(j) procedures for sampling, testing and analysing plants, animals, plantproducts or animal products and other objects under section 56;(k) generally for the efficient conduct of the affairs of the authoritylaying of rules and regulations before parliament15 2078 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each houses 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 the regulation, as the case may be, 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 difficulties25 79 (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 it is made, before each house of parliament30repeal and savings2 of 1914 9 of 189880 (1) the destructive insects and pests act, 1914 and the livestockimportation act, 1898 (hereafter referred to as the repealed enactments) are hereby repealed:provided that such repeal shall not affect,—35(a) the previous operation of the said enactments or anything duly doneor suffered thereunder; or(b) any right, privilege, obligation or liability acquired, accrued or incurredunder the said enactments; or(c) any penalty, forfeiture or punishment incurred in respect of any offencecommitted against the said enactments; or40(d) any investigation, legal proceeding (including assessment proceeding)or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid,45and 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(2) notwithstanding the repeal by sub-section (1) of the repealed enactments,—5(a) any notification, order or notice issued, or declaration made, or permit or certificate granted, or any other thing done, or any other action taken under the repealed enactments, and in force immediately before the commencement of this act shall, be deemed to have been issued, made, granted, done or taken under the corresponding provisions of this act until the notification, order or notice or permit or certificate is issued under this act;9 of 18982 of 191410(b) all rules made under section 4 of the livestock importation act, 1898and section 4d and section 5 of the destructive insects and pests act, 1914 shall continue to have effect until the rules and regulations are made under this act (3) the mention of particular matters in proviso to sub-section (1) and subsection (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal10 of 1897 statement of objects and reasonsthe new and emerging factors including genetic engineering, climate change, bio-terrorism and transboundary diseases have profound implications on the plant and animal health and environment with strong connections to human health the liberalisation of global trade in agriculture since 1995 has opened new avenues for growth and diversification of agriculture, but it has also brought in many challenges there is an increased risk of introduction of exotic pests and weeds in the country with the potential to cause serious economic losses advances in genetic engineering leading to the introduction and release of living modified organisms or their products (eg genetically modified organisms) require proper risk assessment and management climate change has the potential to alter the habitat of known pests and even cause introduction of new pests we have to contend with the ever increasing threat of bio-terrorism the emergence and spread of transboundary diseases such as the avian influenza and the ug-99 wheat stem rust fungus pose new threats to human, animal and plant safety2 a number of plant diseases, animal diseases and marine diseases and pests have been introduced into india through import of seeds, planting material, livestock and livestock products previously many of them, including weeds such as parthenium, phalaris minor and lanatana camara, have got established in the country and continue to cause enormous economic losses every yearseen in this context, the potential risks in the emerging scenario are a cause for concern3 over the years systems have been developed and put in place separately for protection of plant, animal and marine health the existing systems including infrastructure for agricultural biosecurity of the country need major changes to meet the emerging challenges which have highlighted agricultural biosecurity as an urgent issue requiring policies and technological capabilities to prevent, detect, and respond to such threats an integrated approach towards agricultural biosecurity would not only increase the national capacity to protect human health, agricultural production and livelihood, safeguard the environment, and protect against uncertain technologies and products, but also equip the country to meet obligations under international trade and sanitary and phytosanitary agreements in food and agricultural products agricultural biosecurity is an essential element of sustainable agricultural development the national commission on farmers has recommended developing a national agricultural biosecurity system characterised by high professional, public, and political credibility through integration of plant, animal and fish management systems on biosecurity based on risk analysis and management it has also recommended establishment of synergies in requirements of international agreements and national regulations across these sectors to avoid duplication of resources the national policy for farmers (2007) has identified strengthening the biosecurity of crops, farm animals, fish, and forest trees for safeguarding the livelihood and income security of farmer families and the health and trade security of the nation as a major policy goal4 in the 3rd meeting of the agriculture coordination committee held on the15th february, 2008, it was recognised that it was essential to establish an integrated national biosecurity system covering plant, animal and marine issues a core group was constituted by the department of agriculture and cooperation on the 22nd april, 2008 for formulating recommendations for establishment of an integrated national biosecurity system the core group in its report submitted on the 26th february, 2009, inter alia, recommended establishment of the national agricultural biosecurity system requiring a new legislation which is more relevant in the context of the present scenario it suggested that the traditional approach of managing agricultural biosecurity on a sectoral basis through the development and implementation of separate policy and legislative frameworks (eg for animal and plant life and health) would have to be converted to a cohesive and convergent approach recognising the interdisciplinary nature of biosecurity in a harmonised and integrated system, various authorities would work together towards the common goal of agricultural biosecurity utilising expertise from various organisations under the ministries of agriculture, commerce and industry, defence, environment and forests, health and family welfare, home affairs, rural development and science and technology an autonomous authority would be required for administering the biosecurity authority on the lines of the food safety and standards authority of india, and successful models of integrated biosecurity organisations in countries like australia, new zealand and united states of america such an authority would improve safety, efficiency, transparency and compliance of quarantine and pest management regulations and respond swiftly to contain emergent biosecurity problems it will ensure conduct of biosecure international trade in agriculture5 the core group pointed out that the destructive insects and pests act,1914 and the livestock importation act, 1898 are age old legislations and are subsidiary to the customs act, 1962 which does not give direct powers to the quarantine officers to deport or destroy or confiscate the consignment or lodge complaints under the indian penal code inadequate or obsolete definitions in these acts need to be updated adequate provisions for regulating plants, livestock and aquatics and powers for inspecting transport vehicles and seizure and destruction of infested or infected plants and livestock or their products have to be incorporated punishment or penalty on the importers or custom house clearing agents or other defaulters for violation of provisions of the legislation has to be provided provisions for effective domestic quarantine have to be incorporated the enabling legislation for the proposed biosecurity authority would have to be enacted6 in keeping with the recommendations of the national commission on farmers and the core group, the agricultural biosecurity bill, 2013 has been prepared the main objective of the bill is to bring together the plant, animal and marine protection and quarantine set ups together under a high powered body with adequate powers for a quantum jump in the capability to safeguard the country's agricultural biosecurity the bill seeks to set up an autonomous authority encompassing the four sectors of agricultural biosecurity, namely, plant health, animal health, living aquatic resources (fisheries, etc) and agriculturally important micro-organisms it provides for modernising the legal framework to regulate safe movement of plants and animals within the country and in international trade, and harmonise the legal requirements of the various sectors of agricultural biosecurity the proposed legislation will ensure agricultural biosecurity of the country for common benefit and for safeguarding the agricultural economy7 the salient features of the proposed legislation, inter alia, are as follows:—(a)integration of plant and animal quarantine services;(b)establishment of an authority for prevention, control, eradicationand management of pests and diseases of plants and animals and unwanted organisms for ensuring agricultural biosecurity;(c)to meet international obligations of india for facilitating importsand exports of plants, plant products, animals, animal products, aquatic organisms and regulation of agriculturally important micro-organisms;(d)prevention and control of pest infestation or infection, includingdeclaration of an area as ''controlled area'' for this purpose and measures for control of such infestation or infection;(e)provision for inspection, taking samples, entry and search of premises, checking of conveyances to ensure compliance of phytosanitary and sanitary measures and also seizure, treatment and disposal of plants, animals and their products to prevent spread of pests by designated officers;(f)declaration of biosecurity emergency in case of outbreak of organisms threatening biosecurity and actions and procedures to deal with it;(g)removal of plant, animals, their products and other objects imported in violation of the provisions of the proposed legislation 8 the notes on clauses explain in detail the various provisions contained in the bill9 the bill seeks to achieve the aforesaid objectivesnew delhi;sharad pawarthe 30th august, 2012 ———— president's recommendation under article 117 of the constitution of india————[copy of letter no 8-13/2008-ppii, dated 18th february, 2013 from shri sharad pawar, minister of agriculture and food processing industries to the secretary-general, lok sabha]the president, having been informed of the subject matter of the agricultural biosecurity bill, 2013, recommends to the house the introduction and consideration of the bill unde article 117 (1) (3) of the constitution———— notes on clausesclause 1— the proposed legislation provides for short title, extent and commencementclause 2—this clause defines certain terms and expressions used in the the proposed legislation which, inter alia, include "animal", "animal product", "authority", "beneficial organism", "biosecurity", "controlled area", "designated officer", "eradication' and "phytosanitary or sanitary measure"clause 3—this clause provides for prohibition of import it provides that no person shall import into india any plant, animal or plant product or animal product or any other object in contravention of any notification issued by the authority specifying the plant, animal, plant product or animal product or other object, or in contravention of the guidelines issued by the authority, the import of which shall be prohibited except in accordance with an import permit issued by the designated officer in such form, manner and on payment of such fee and subject to such conditions and exemptions as may be specified by regulations and the sanitary or phytosanitary certificate issued by such authority of the country of origin and the country of reexport of such imports as may be specified by the regulationsclause 4—this clause provides for prohibition of export it provides that no person shall export any plant, animal, plant product or animal product or other object except in accordance with the sanitary or phytosanitary certificate issued by the designated officer in such manner and on payment of such fee as may be specified by regulations however, no such certificate shall be necessary where the country of destination does not require itclause 5—this clause provides for domestic quarantine it provides that except as provided under the proposed legislation , or rules and regulations made thereunder, no person shall possess, move, grow, raise, culture, breed or produce any plant, animal and plant product or animal product or any other object, as the case may be, if he has reasons to believe that it is carrying or harbouring, or may carry or harbour, a quarantine pest, or that it is or could be infested or infected with a quarantine pestclause 6—this clause provides about the duty of a person to inform it provides that where a person becomes aware of the existence of a pest or disease of plant or animal which the person suspects to be a quarantine pest or disease in an area where such pest or disease has not previously been known to exist, it shall be the duty of the person to inform immediately the existence of such pest or diseaseclause 7—this clause provides for the constitution and incorporation of authority it provides that with effect from the appointed day, the central government shall, by notification, constitute an authority to be called the agricultural biosecurity authority of india the authority so constituted shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of the proposed legislation , to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue or be sued it also provides that the head office of the authority shall be at faridabadclause 8—this clause provides for the composition of the authority it provides for the following composition:(a) a director general to be appointed by the central government; (b) two deputy director generals to be appointed by the centralgovernment from amongst the persons having special knowledge and experience of not less than ten years in plant and animal sciences—members;(c) two members to be appointed by the central government, from amongst persons having special knowledge and experience of not less than ten years in plant and animal quarantine, or in plant and animal protection, or in any other discipline pertaining to plant and animal protection, which, in the opinion of the central government, is related to the functions of the authority - members;(d) three members to be appointed by the central government by rotation in the alphabetical order to represent the states and the union territories, on the recommendation of the government of the state, or as the case may be, the union territory concerned;(e) one representative of ministry or department dealing with the agriculture and co-operation, not below the rank of joint secretary—member;(f) one representative of ministry or department dealing with the animal husbandary, dairying and fisheries, not below the rank of joint secretary— member;(g) one representative of the ministry or department dealing with the commerce, not below the rank of joint secretary - member;(h) one representative of ministry or department dealing with the environment and forest, not below the rank of joint secretary - member;(i) one representative from the indian council of agricultural research, to be nominated by the director-general, indian council of agricultural research, not below the rank of joint secretary - member;(j) one representative from the indian council of forestry research and education, to be nominated by the director-general, indian council of forestry research and education, not below the rank of joint secretary - member;(k) one representative of ministry or department dealing with health or from food safety and standards authority of india, not below the rank of joint secretary - member;(l) the member (customs) of central board of excise and customs, department of revenue, ministry of finance - member;(m) one representative from the ministry or department dealing with biotechnology, not below the rank of joint secretary - member;(n) one representative to be nominated by director general, council of scientific and industrial research, not below the rank of joint secretary - member;(o) one representative from national disaster management authority, not below the rank of joint secretary - member;(p) one representative from defence research and development organisation, not below the rank of joint secretary - member;(q) one representative of the ministry or department dealing with legal or legislative affairs, not below the rank of joint secretary - member clause 9—this clause provides for the qualifications for appointment of director general it provides that the director general of the authority shall be appointed by the central government from amongst persons who have special knowledge and professional experience of such years as may be prescribed in plant and animal quarantine or in plant and animal protection or any other discipline pertaining to plant and animal protection or from amongst the persons from the administration who have been associated with the subject however, a person who is in the service of government shall not be appointed as director general unless he is holding or has held the post not below the rank of additional secretary to the government of indiaclause 10—this clause provides for the powers of the director general it provides that the director general shall be the chief executive officer of the authority and shall have the general superintendence and directions in the conduct of the affairs of the authority and shall, in addition to presiding over the meetings of the authority, exercise and discharge such powers and functions of the authority as may be prescribedclause 11—this clause provides for the conditions of service of the director general and members it provides that term of office and conditions of service of, and fee and allowances payable to, the director general, deputy director general and the other members (other than ex-officio members) shall be such as may be prescribedclause 12—this clause provides for meetings of the authority it provides that the authority shall meet at such times and places, and shall observe such procedures in regard to the transaction of business at its meetings, including the quorum, as may be provided by regulations it further provides that the director general, if for any reason is unable to attend any meeting of the authority, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting it also provides that all questions which come up before the authority in the meeting shall be decided by a majority of votes of the members present and voting, and, in the event of an equality of votes, the director general, or in his absence, the person presiding the meeting, shall have a second or casting vote it also empowers the authority to make regulations for the transaction of business at its meetingsclause 13—this clause provides that vacancies, etc, should not invalidate the proceedings of the authority it provides that no act or proceeding of the authority shall be invalid merely for reason of any vacancy in, or any defect in the constitution of, the authority or any defect in the appointment of a person acting as a member of the authority or any irregularity in the procedure of the authority not affecting the merits of the caseclause 14—this clause provides for removal of director general, deputy director general and members it provides that notwithstanding anything contained in clause 11, the central government may, by order, remove from office the director general, deputy director general or any member referred to in sub-clause (c) of clause 8, if the director general or such other member has been adjudged an insolvent or has been convicted of an offence, which in the opinion of the central government, involves moral turpitude or has become physically and mentally incapable of acting as a member or has acquired such financial or other interests as are likely to affect prejudicially his functions as a member or has so abused his position as to render his continuance in office prejudicial to the public interest however, no member shall be removed under items (d) and (e) of out clause (1) unless he has been given a reasonable opportunity of being heard in the matterclause 15—this clause provides for the secretary of authority and his powersit empowers the central government to appoint a secretary to the authority who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the director general it further provides that the secretary shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and such other matters, as may, from time to time, be fixed by the central governmentclause 16—this clause provides for officers and employees of the authorityit provides that subject to such control and restrictions as may be prescribed, the authority may appoint such other officers and employees, as may be necessary, for the efficient performance of its functions and the method of appointment, the scale of pay and allowances and other conditions of service of such other officers and employees of the authority shall be such as may be provided by the authority by regulationsclause 17—this clause prohibits the director general etc, from undertaking any other work it provides that the director general, deputy director general, other members, the secretary and other employees of the authority shall not undertake any work unconnected with their duties under the proposed legislation, except with the permission of the central governmentclause 18—this clause provides for appointment of experts it empowers the authority to engage, in such manner and on such remuneration or fee as may be specified by regulations such number of experts and professionals of integrity and outstanding ability, having special knowledge of, and experience in, plant pests and diseases and animal diseases or such other disciplines related to agricultural biosecurity as it deems necessary to assist the authority in the discharge of its functions under the proposed legislationclause 19—this clause provides for appointment of committees by the authority it provides that the authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under the proposed legislation it further provides that the authority shall have the power to co-opt as members of any committee appointed under sub-clause (1) such number of persons, who are not members of the authority, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote it also provides that the persons co-opted as members of a committee under sub-clause (2) shall be entitled to receive such allowances for attending meetings of the committee as may be fixed by the authorityclause 20—this clause provides for transfer and vesting in the authority, undertakings of plant, animal quarantine stations, etc it provides that on and from the appointed day, there shall be transferred to, and vest in, the authority constituted under clause 7, the undertakings of the existing plant quarantine stations, central integrated pest management centres, locust warning organisation, secretariat of central insecticide board and registration committee, any other laboratories under the directorate of plant protection, quarantine and storage, government of india and animal quarantine stations and connected laboratories, referred to as "the undertakings" in the proposed legislation it further provides that the undertakings which are transferred to, and which vest in the authority under sub-clause (1) shall be deemed to include all assets, rights, powers, authorities and privileges and all property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature and wheresoever situate, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the undertakings, in relation to their undertakings, whether within or outside india, all books of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the undertakings in relation to their undertakingsclause 21—this clause relates to general effect of vesting of undertaking in the authority it provides that all contracts, agreements and working arrangements subsisting immediately before the appointed day and affecting the undertakings, shall, in so far as they relate to the undertakings cease to have effect or be enforceable against the undertakings and shall be of as full force and effect against or in favour of the authority in which the undertakings have vested by virtue of the proposed legislation and enforceable as fully and effectually as if, instead of the undertakings the authority had been named therein or had been a party thereto it further provides that any proceeding, suit or cause of action pending or existing immediately before the appointed day by or against the undertakings in relation to their undertakings may, as from that day, be continued and enforced by or against the authority in which they have vested by virtue of the proposed legislation, as it might have been enforced by or against the undertakings if the proposed legislation had not been passed, and shall cease to be enforceable by or against the undertakingsclause 22—this clause provides for special provision for transfer of employees to the authority it provides that on the establishment of the authority, it shall be lawful for central government to transfer to the authority, by order and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the directorate of plant protection quarantine and storage and animal quarantine stations under the central government immediately before the date on which the authority is established however, the scale of pay of the post in the authority to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer it further provides that an order under subclause (1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of the proposed legislationit further provides that before any order is issued under sub-clause (1), all officers and employees of the aforesaid directorate of plant protection quarantine and storage and animal quarantine stations shall be given an option to express, in such form as may be prescribed, and within such time as may be specified in that behalf by the central government, their willingness or otherwise to become employees of the authority and such option once exercised shall be final however, no order under sub-clause (1) shall be made in relation to any officer or other employee of the directorate of plant protection quarantine and storage and animal quarantine stations who has intimated his intention of not becoming an employee of the authority within the time specified in that behalf further, such of the officers and employees of the directorate of plant protection quarantine and storage and animal quarantine stations who do not express, within the time specified in that behalf, their intention of becoming the employees of the authority, shall be dealt with in the same manner and in accordance with the same laws and standing orders as would have applied immediately before the commencement of the proposed legislation to the employees of the directorate of plant protection quarantine and storage and animal quarantine stations in the event of the reduction of the strength of the officers and employees of the directorate of plant protection quarantine and storage and animal quarantine stationsit also provides that an officer or other employee transferred by an order made under sub-clause (1) shall, on and from the date of transfer, cease to be an employee of the directorate of plant protection quarantine and storage and animal quarantine stations and become an officer or other employee of the authority with such designation as the authority may determine and shall, subject to the provisions of the proviso to sub-clause (1), be governed by the regulations made by the authority under the proposed legislation in respect of remuneration and other conditions of service (including pension, leave, provident fund and medical benefits) and shall continue to be an officer or other employee of the authority unless and until his employment is duly terminated by the authority however, till such time as the regulations referred to above governing the conditions of service of its officers or other employees are framed by the authority, the relevant laws and standing orders applicable to the officers and employees of the directorate of plant protection quarantine and storage and animal quarantine stations shall continue to be applicable to them if a question arises whether the terms and conditions of service specified in the regulations framed by the authority in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the authority, the decision of the central government in the matter shall be finalclause 23—this clause relates to the functions of the authority it provides that the functions of the authority shall be to:(a) prevent the introduction of quarantine pests in india from outside the country by regulating the import of plants, animals and plant products or animal products and other objects;(b) regulate the export of plants, animals, plant products or animal products and other objects, to meet the importing country's requirements in accordance with international agreements, and to discharge such obligations under those international agreements;(c) declare, by notification, any place to be a controlled area under clause25;(d) regulate the spread of pests and diseases of plants and animals from one state to another;(e) regulate the introduction of new or beneficial organisms into the country;(f) implement such post entry quarantine measures wherever necessary, either by itself or through research institutes, or jointly with such research institutes, as may be provided by regulations;(g) undertake pest risk analysis; (h) undertake regular review and revision with a view to update and harmonise sanitary or phytosanitary measures;(i) undertake surveys and surveillance of pests and diseases of plants and animals in india;(j) interact with international, regional or national plant protection organisations;(k) interact with research institutes and state governments on matters relating to plant and animal protection and quarantine;(l) provide such technical guidance and assistance as it considers necessary to agriculture, horticulture, animal husbandry and fisheries departments of state governments and other statutory bodies;(m) arrange training programmes and hold workshops, seminars and conferences periodically to review status of pests and pathogens, and to spread awareness on plant and animal quarantine through mass media;(n) frame guidelines for the import and export of plants, animals, plant products or animal products and other objects, whether for trade or research;(o) regulate the import of transgenic materials with respect to sanitary and phytosanitary matters;(p) establish plant and animal quarantine stations, pest management centres or other units at such places as may be deemed necessary;(q) promote integrated pest management; (r) watch and control locusts in such areas as the central government may, by notification, specify;(s) take steps to ensure availability of safer and effective pesticides and their quality control;(t) contribute towards development of human resource in plant and animal protection technology;(u) advise and assist the central government on all matters including international obligations related to plant and animal protection;(v) establish and maintain diagnostic laboratories related to pests and diseases of plants and animals;(w) charge such fees for the services provided under the proposed legislation, as may be specified by regulations;(x) recommend to the central government to issue directions to the state governments for the purpose of enforcing obligations under international agreements;(y) undertake such other activities as may be prescribedclause 24—this clause provides for declaration of quarantine pests it empowers the authority to declare, by notification, any pest to be a quarantine pestclause 25—this clause provides for controlled areas it provides that where the authority, on information received from the state government or any other information obtained suo-motu, suspects or determines that an area is infested or infected with a quarantine pest, and is of the opinion that the quarantine pest could spread, the authority may by notification declare that area to be a controlled areaclause 26—this clause provides for action to be taken by the authority on report of the state government it provides that where the information has been received by the authority from any source other than the state government, and the authority has reason to believe that an area is infested or infected with a quarantine pest, and is of the opinion that the quarantine pest could spread, the authority shall forward such information to the state government requesting the state government to send to the authority a detailed report on the said information within a period stipulated by the authority, or within such extended time as the authority may deem fit in consultation with the state government, before issuance of the declaration under clause 25 it further provides that where the concerned state government fails to take measures in a controlled area declared under clause 25, then, it shall be lawful for the authority to take necessary steps for eradication, containment or prevention of spread of the quarantine pest in such controlled area and such state government shall reimburse the authority the costs incurred by it for such purpose however, the central government may exempt the concerned state government from whole or part of the reimbursement of the costs, if the concerned state government gives reasons to the satisfaction of the central government for such exemption and exempted costs shall be reimbursed by the central government to the authority it also provides that where an area has been declared as controlled area under clause 25 that area shall continue to be the controlled area until the authority, by notification, declares that the controlled area is no longer infested or infected with quarantine pestclause 27—this clause relates to control measures and their implementationit provides that where an area is notified to be a controlled area under clause 25, the authority shall communicate to the concerned state government the quarantine measures which the state government may implement it further provides that in particular, and without prejudice to the generality of the foregoing, such quarantine measures include the following matters, namely:—(a) treatment or disposal of plants, plant products, animals, animal products or other objects, whether infested or infected or not, as well as treatment of conveyances in order to limit the spread of the quarantine pest and infected plants, plant products, animals and animal products;(b) prohibition, restriction or control on removal of any plant, plant product, animal, animal product or other object from a controlled area to any other part of india;(c) stipulation of the period within which it shall not be lawful to plant or replant with any particular plant, the whole or any portion of such controlled area(d) any other measure which the authority may communicateit also provides that the designated officer and the state government through its agencies shall jointly implement the quarantine measures referred to in sub-clauses (1) and (2) and they shall also co-ordinate surveys, reports and actions in case of new outbreak of pests or during eradication campaignclause 28—this clause relates to prohibition on removal of plants, animals, plant products or animal products or other objects, or pest under quarantine it provides that no plant, animal, plant product or animal product or other object or pest in the area where quarantine measure has been implemented under the proposed legislation, shall be removed from that area or from a quarantine station situated in that area, except with the approval in writing of the designated officerclause 29—this clause provides for recovery of expenses for the state government it provides that where the state government fails to repay the costs of any measures taken under this chapter, such costs shall be recoverable from the state government in the manner provided by the code of criminal procedure, 1973, for the recovery of fines imposed by a court, as if such costs were a fine imposed by a courtclause 30—this clause relates to accredited laboratories and accredited quarantine facilities it provides that the authority may accredit any laboratory, or any quarantine facility, subject to such conditions and to carry out such activities as may be specified by the regulationclause 31—this clause relates to delegation of powers by the authority it provides that the authority may, by general or special order in writing, delegate to the director general 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 the proposed legislation (except the powers under clause 76) as it may deem necessaryclause 32—this clause relates to authentication of orders and other instruments of authority it provides that all orders and decisions of the authority shall be authenticated by the signature of the director general, 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 behalfclause 33—this clause relates to contracts by the authority it provides that subject to the provisions of clause 34, the authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under the proposed legislationclause 34—this clause relates to mode of executing contracts on behalf of the authority it provides that every contract shall, on behalf of the authority, be made by the director general or such other member, or such officer of the authority as may be generally or specially empowered in this behalf by the authority, and such contracts or class of contracts shall be sealed with the common seal of the authority however, no contract exceeding such value or amount, as the central government may, from time to time, by order, fix in this behalf, shall be made unless it has been previously approved by the authority further, 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, from time to time, by order fix in this behalf, shall be made unless it has been previously approved by the central governmentit further provides that subject to the provisions of sub-clause (1), the form and manner in which any contract shall be made under the proposed legislation, shall be such as may be specified by regulations it also provides that no contract, which is not in accordance with the provisions of the proposed legislation and the regulations made thereunder, shall be binding on the authorityclause 35—this clause relates to borrowing powers of the authority it provides that the authority may, with the prior 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 functions under the proposed legislation it further 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 the loans borrowed by the authority under sub-clause (1) it also provides that 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 the proposed legislationclause 36—this clause relates to the power of the authority to issue directionsit provides that the authority may, for the discharge of its functions under clause 23 issue such directions from time to time to importers and exporters of plant, animal, plant product or animal product or other object, as it may consider necessaryclause 37—this clause provides for discharge of obligations of the authority under international agreements it provides that the authority shall act as the national plant protection organisation to discharge obligations under the international plant protection convention, and on request by any international, regional or other national plant protection organisation, provide it free of charge or on reciprocal basis, such information as the authority may have in regard to import and export of, and technical requirements for plants, plant products and other objects it further provides that the authority shall act as the national organisation to discharge obligations under the office international des epizooties, and on request by any regional or national organization, provide it free of charge or on reciprocal basis, such information as it may have in regard to import and export of, and technical requirement for, animals, animal products, marine products and other objects however, before providing any information under this clause, approval of the central government shall be obtained if further explains that, the expression "international plant protection convention" shall mean the international plant protection convention, 1951 of which india is a member and the expression "office international des epizooties (oie)" shall mean the office international des epizooties created through an international agreement of which india is a memberclause 38—this clause empowers the authority to declare biosecurity emergency it provides that if the authority is satisfied, on the information received by it that there is likelihood of an outbreak or occurrence in india of an organism, which is not previously known to be established in india and if it becomes established in india, it has the potential to cause significant loss to the biosecurity of the country or an organism, previously thought to be of restricted distribution or abundance in india, which has become so distributed and abundant in india or any part thereof that it has the potential to cause significant loss to the biosecurity or spreading of a pest beyond control by the application of the national pest management strategy for that pest and it is in the public interest that action be taken immediately to manage, or eradicate the organism and such management or eradication is not effectively possible in normal course, the authority may recommend the central government to declare a biosecurity emergency in respect of the whole of india or of such part of the territory thereof as may be specified in the recommendation it further provides that the central government, if it is satisfied, on the recommendation made under sub-clause (1) and after consultation with such persons as it may deem reasonable, that such biosecurity emergency exists, may make declaration to that effect in respect of the whole of india or of such part of the territory thereof as may be specified in the declaration it also provides that a declaration made under sub-clause (2) may be varied or revoked by subsequent declaration it also provides that the central government shall not issue a notification varying such proclamation unless the recommendations of the authority are communicated to it it also provides that a declaration under sub-clause (2) shall cease to have effect on the expiration of six months unless revoked earlierclause 39—this clause relates to effect of declaration of biosecurity emergencyit empowers the central government to give all such directions to the authority and require all such acts to be done or not to be done by the authority as the central government may deem necessary for the purpose of managing or eradicating the organism in respect of which such biosecurity emergency is declared, while the declaration of biosecurity emergency is in operation further, during operation of the biosecurity emergency, the authority may take such measures and do all such acts and things which the authority deems necessary for the purpose of managing or eradicating the organism in respect of which such biosecurity emergency is declaredclause 40—this clause provides for the biosecurity emergency scheme it provides that the authority may, with the prior approval of the central government, at any time while a declaration of biosecurity emergency under sub-clause (2) of clause 38 is in force, by notification, make a scheme for the management or eradication of the organism in respect of which such emergency has been declared it further provides that the central government may, before giving approval under sub-clause (1), consult such experts as it may deem fit as to the desirability of such schemeclause 41—this clause provides for appeal as against the order of the designated officer it provides that any person aggrieved by any order of the designated officer under the proposed legislation may within a period of thirty days from the date on which the said order is communicated to him, appeal, in such manner and on such payment of fees as may be prescribed, to the central government whose decision thereon shall be final however, the central government may entertain an appeal after the expiry of thirty days if it is satisfied that such person was prevented by sufficient cause from filing the appeal in timeclause 42—this clause relates to power of revision of the central governmentit provides that the central government may, at any time, call for and examine the record relating to any case on which the designated officer has made an order for the purpose of satisfying itself as to the legality or propriety of such order and make such order as it may deem fit however, no order under this clause shall be made after the expiry of one year from the date of such decision further, the central government shall not make any order against any person unless that person has had a reasonable opportunity of showing cause against the proposed orderclause 43—this clause relates to request for re-analysis of sample it provides that any person aggrieved by a report of analysis of sample made under the proposed legislation or the rules and regulations made thereunder, may request the designated officer for re-analysis by a different laboratory of the authority, or an accredited laboratory, whose report shall be finalclause 44—this clause provides for procedure for sale of goods and application of sale proceeds it provides that where any plant, animal, plant product or animal product or other object not confiscated is required to be sold for the realization of the dues of the authority, or otherwise under the proposed legislation, after ensuring that it does not pose biosecurity risk to the country, under the proposed legislation, the authority shall, after the notice to the owner thereof, sell by public auction or by tender or with the consent of the owner in any other manner such plant, animal, plant product or animal product or other object it further provides that the proceeds of any such sale referred to in sub-clause (1) shall be applied, firstly to the payment of the expenses of the sale, next to the payment of the dues of the authority in respect to the plant, animal, plant product or animal product or other object sold, next to the payment of the charges, if any, payable in respect of the plant, animal, plant product or animal product or other object sold, due to the person having the custody of such plant, animal, plant product or animal product or other object and next to the payment of any amount due from the owner of the plant, animal, their product, or other object sold, to the central government, if any such intimation has been received by the authority, and the balance, if any, remains after such payment, shall be paid to the said ownerclause 45—this clause empowers the central government, after due appropriation made by parliament by law in this behalf, to make to the authority grants and loans of such sums of money as the central government may think fit for being utilised for the purposes of the proposed legislationclause 46—this clause relates constitution of agricultural biosecurity fundit provides that a fund to be called the agricultural biosecurity fund shall be constitute and there shall be credited thereto all grants and loans made by the central government under clause 45, all grants, fees, penalties and charges received by the authority under the proposed legislation and all sums received by the authority from such other source as may be approved by the central government it further provides that the agricultural biosecurity fund shall be applied for meeting the expenditures specified in sub-clauses (a) to (d) therein it also provides that the agricultural biosecurity fund shall also be applied for the purpose of expanding existing facilities or services, or creating new facilities or services, or for the purpose of providing against any temporary decrease of revenue or increase of expenditures from transient causes or for purposes of replacement or for meeting expenditures arising from loss or damage from incidence of pest infestation or infection, or for meeting any liability arising out of any act or commission in the discharge of its functions under the proposed legislation it also provides that all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of central government, be decided by the authorityclause 47—this clause relates to accounts and audit of the authority it provides for maintenance of proper accounts and other relevant records, and for preparation of an annual statement of accounts including profit and loss account and balance sheet in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india it further provides that 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 payable by the authority to the comptroller and auditor-general of india it also provides that 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, 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 and other documents and papers, and inspect any place under, or any office of, the authority it also provides that 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 parliamentclause 48—this clause provides for preparation of an annual report by the authority every year giving a summary of its activities including information relating to proceedings and policies during the previous year, in the form prescribed and forwarding a copy of the report to the central government it further provides that the central government shall cause the report to be laid, as soon as after it is received, before each house of parliamentclause 49—this clause relates to application of law relating to customs and powers of customs officers it provides that the law for the time being in force relating to the customs and goods, the import of which is prohibited under the customs act, 1962 or any other law for the time being in force shall, subject to the provisions of clause 3 of the proposed legislation, apply in respect of pests or plants or animals, the import of which requires permit and certificate by the authority under the said clauses, or prohibited by the authority and officers of customs and officers empowered under the customs act, 1962 or any other law for the time being in force, to perform the duties imposed thereby on a commissioner of customs and other officers of customs, shall have the same powers in respect of such pests or plants or animals as they have for the time being in respect of such goods as aforesaid it further provides that without prejudice to the provisions of sub-clause (1), the commissioner of customs or any officer of the government authorised by the central government in this behalf, may detain any imported package which he suspects to contain any pests or plants or animals and the import of which requires the permit and certificate under clause 3, or prohibited by the authority and shall forthwith report such detention to the authority, and, if necessary, forward, with the approval of the authority, the package or sample of any suspected pests or plants or animals and its products found therein to the laboratory notified or research institution accredited under the proposed legislationclause 50—this clause relates to release of imported products it provides that no plant, animal or plant product or animal product or other object imported into india shall be released unless the importer has produced to the designated officer all permits, certificates and other documentation as may be required under the provisions of the proposed legislation, or rules and regulations made thereunder and unless such plant, animal, plant product or animal product or other object is, or has been, presented to and cleared by the designated officer in accordance with the provisions of the proposed legislation, or rules and regulations made thereunderclause 51—this clause relates to revocation or suspension of permit or certificate it provides that if the designated officer is satisfied, either on a reference made to him in this regard or otherwise, that the import permit or the sanitary or phytosanitary certificate has been granted by misrepresentation of an essential fact or the holder of such import permit or sanitary or phytosanitary certificate has failed to comply with the conditions subject to which such import permit or sanitary or phytosanitary certificate was granted, or has contravened any of the provisions of the proposed legislation, or rules and regulations made thereunder, then, without prejudice to any other penalty to which the holder of such permit or certificate, as the case may be, is liable under the proposed legislation, the designated officer may, after giving the holder of such permit or certificate, an opportunity of showing cause, revoke or suspend such permit or certificate it further provides that subject to any regulations that may be made in this behalf, the designated officer may also vary or amend such permit or certificate granted under clause 3 or clause 4clause 52—this clause relates to removal of imports it provides that where the designated officer has reasons to believe that any plant, animal and plant product or animal product or other object imported into india was imported in contravention of the provisions of the proposed legislation, or rules and regulations made thereunder or contains a quarantine pest, then, the designated officer may, give a notice by registered post or through electronic media or by any other verifiable means to the owner of such plant, animal, plant product or animal product or other object, or to the person having the possession, care or control of it, requiring him within a period not exceeding thirty days to remove it from india it further provides that where the owner or the person referred to in sub-clause (1) fails to remove such plant, animal, plant product or animal product or other object within such time as may be allowed for the purpose, the designated officer may seize it, cause it removed and destroyed at the cost of such owner or person it also provides that the costs of such seizure, removal or destruction shall be recoverable from such owner or person in the manner provided by the code of criminal procedure, 1973, for the recovery of fines imposed by a court, as if such costs were fine imposed by the courtclause 53—this clause relates to appointment of designated officers it provides that the authority shall, by notification, designate from amongst the officers of the authority, such designated officers as it may deem fit, to perform functions and exercise powers under the proposed legislation or rules and regulations made thereunder for such areas, as may be specified in the notification it further provides that the authority may, without prejudice to the provisions contained in sub-clause (1), appoint by notification as the case may be, with the prior approval of the central government or state government or research institutes or any other public institution, without prejudice to the provisions contained in sub-clause (1), such technically qualified persons subject to such conditions as it deems fit, from amongst the officers or employees working under such governments or institutions to act as designated officers to perform functions and exercise powers under the proposed legislation, or rules and regulations made thereunder for such areas, as may be specified in the notification it also provides that designated officers, who deal with export certification, shall be deemed as public officers for meeting the requirements of international agreements and conventions for the purposes of such certificationclause 54—this clause relates to powers of designated officers it provides that designated officer shall have the power to inspect, examine and take samples of any plant, animal, plant product or animal product or other object, for analysis or test it further provides that if the designated officer has reason to believe that violation of the proposed legislation, or rules and regulations made thereunder, has been or is being or is likely to be committed, or for the purpose of satisfying himself as to whether the provisions of the proposed legislation or rules and regulations made thereunder, or the conditions of any import permit or sanitary or phytosanitary certificate are being complied with, then he may act upon as envisaged in sub-clauses (a) to (e) of this clause it also provides that the provisions of the code of criminal procedure, 1973, or, in relation to the state of jammu and kashmir, any area in which that code is not in force, the provisions of any corresponding law in force in that state or area, shall, so far as may be, apply to any search or seizure under this clause as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code or, as the case may be, under the corresponding provisions of the said lawclause 55—this clause provides for duties of designated officers it provides that where a designated officer has reasons to believe that a quarantine pest is, or could be, present in an area, he may prohibit the owners or occupiers of any land or building in that area or any other person having the possession, care or control of plants, animals and plant products or animal products or other objects in that area from moving them without the written authorisation of such designated officer it further provides for the manner and procedure for communication and service of the notice of the designated officer upon the owners or occupiers of any land or building in the area specified in sub-clause (1), ordering each of them, within a period to be indicated in such notice, to perform such treatment and carryout such measures, including the total destruction, of any plant, plant product, animal or animal product or other thing, whether or not infested or infected with the quarantine pest, as such designated officer may deem necessary for the eradication, containment or prevention of the spread of such quarantine pestclause 56—this clause relates to procedures for sampling and analysis it provides that the procedures for sampling, testing and analysing plants, animals, plant products or animal products and other objects, shall be such as may be specified by regulations made in this behalfclause 57—this clause provides that every agency of the central government and the state governments shall render such help and assistance and furnish such information to the designated officer or a person or an agency authorised by him in writing, as he may require for the discharge of his functions under the proposed legislation, rules and regulations made thereunderclause 58—this clause relates to certain cases where compensation need not be paid it provides that notwithstanding anything contained in any law for the time being in force, no compensation shall be payable for any action taken by the designated officer in good faith under the proposed legislation and the rules and regulations made thereunder in respect of a plant, animal, plant product or animal product or other object that is imported into india or exported from india in contravention of this bill, or the rules and regulations made thereunder or such plant, animal, plant product, animal product or other object that is found to be infested or infected with a quarantine pest when it is inspected on importation or before exportation or in respect of the prohibition or restriction of the sale or movement of any plant, animal, plant product or animal product or other object where such sale or movement is prohibited or restricted as a result of the suspension or revocation of, or the refusal to grant, an import permit or a sanitary or phytosanitary certificate that is required under this bill, or the rules and regulations made thereunder however, the authority may award a reasonable compensation to a person for any loss or damage incurred to him in respect of non infested or non infected plant, animal, plant product or animal products or any other objects, land or premises, in the course of, or as a result of the implementation of, any sanitary or phytosanitary measureclause 59—this clause provides for penalty for contraventions for which no specific penalty is provided it provides that whoever contravenes any provision of the proposed legislation 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 rupeesclause 60—this clause relates to punishment for interfering with seized itemsit provides that if a person without the permission of the designated officer, retains, removes or tampers with any material or other thing that has been seized under the proposed legislation, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to two lakh rupeesclause 61—this clause relates to punishment for false information it provides that if a person, in connection with a requirement or direction under the proposed legislation, provides any information or produces any document that the person knows is false or misleading, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupeesclause 62—this clause relates to punishment for obstructing or impersonating a designated officer it provides that if a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a designated officer in exercising his functions under the proposed legislation, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupeesclause 63—this clause relates to penalty for contravention in relation to imports and exports it provides that whoever, in contravention of the provisions of clauses 3 and 4, imports or exports any plant, animal or animal product or plant product or any other product, he shall be punishable with imprisonment which may extend to two years and shall also be punishable with fine which may extend to two lakh rupeesclause 64—this clause relates to punishment for subsequent offences it provides that if any person, after having been previously convicted of an offence punishable under the proposed legislation subsequently commits and is convicted of the same offence, he shall be 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 up to one lakh rupees, where the offence is a continuing one it further provides that 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 fineclause 65—this clause relates to offences by companies it provides that where an offence under the proposed legislation has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly however, nothing contained in this sub-clause shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all diligence to prevent the commission of such offence it further provides that notwithstanding anything contained in subclause (1), where an offence under the proposed legislation has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly further clause the expressions "company" and "director" have been explained thereinclause 66—this clause relates to cognizance and trial of offences it provides that no court shall take cognizance of an offence punishable under the proposed legislation, except upon the complaint in writing made by the authority or by any officer of the authority duly authorised by the authority for this purpose it further provides that no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class, shall try any offence punishable under the proposed legislationclause 67—this clause provides for recovery of a penalty imposed under this bill or any dues of the authority under the proposed legislation, if it is not paid, as an arrear of land revenueclause 68—this clause relates to directions of the central government to the authority it provides that without prejudice to the foregoing provisions of this bill, the authority shall, in exercise of its powers and in performance of its functions under the proposed legislation, 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 however, the authority shall, as far as practicable, be given opportunity to express its views before any direction is given under sub-clause (1) it further provides that if any dispute arises between the central government and the authority as to whether the question is or is not of policy, the decision of the central government thereon shall be final it also provides that the 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 requireclause 69—this clause relates to the power of central government to prohibit import of pests or plants or animals and its products in public interest it provides that without prejudice to any other provision contained in this chapter, if the central government is satisfied that the use of any pests or plants or animals and or its products is likely to involve any risk to human beings or animals or that in the public interest it is necessary or expedient so to do them, that government may, by notification in the official gazette, prohibit the import of such pests or plants or animals and or its productsclause 70—this clause empowers the central government to supersede the authority by notification for such period, not exceeding six months, as may be specified in the notification however, before issuing a notification under this subclause for the reasons mentioned in item (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 it further provides that upon the publication of a notification under sub-clause (1) superseding the authority, all the members shall, as from the date of supersession, vacate their offices as such and all the powers functions and duties which may, by or under the provisions of the proposed legislation, be exercised or discharged by or on behalf of the authority, shall until the authority is re-constituted under sub-clause (3), be exercised and discharged by such person or persons as the central government may direct further, all property owned or controlled by the authority shall, until the authority is re-constituted under sub-clause (3), vest in the central government it also empowers the central government, on the expiration of the period of supersession specified in the notification issued under sub-clause (1), to extend the period of supersession for such further term not exceeding six months, as it may consider necessary or re-constitute the authority by fresh appointment and in such case the members who vacated their offices under item (a) of sub-clause (2) shall not be deemed to be disqualified for appointment however, the central government may, at any time, before the expiration of the period of supersession, whether as originally specified under sub-clause (1) or as extended under sub-clause (3) , take action under item (b) of sub-clause (1) it also provides that the central government shall cause a notification issued under sub-clause (1) and a full report of any action taken under this clause and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunityclause 71—this clause provides that the provisions of the proposed legislation shall have effect in addition to, and not in derogation of, any other law for the time being in forceclause 72—this clause empowers the central government to obtain reports and returns from the authority in respect of its activities, from time to timeclause 73—this clause provides that the members, officers and other employees of the authority are deemed to be public servants within the meaning of section 21 of the indian penal code, when acting or purporting to act in pursuance of the proposed legislation or the rules and regulations, made thereunderclause 74—this clause provides for protection to the government, or the authority, or any member of the authority, or officers or other employees of the central government or authority against any suit, prosecution or other legal proceedings, for anything which is in good faith done or intended to be done under the proposed legislation, or the rules and regulations made thereunderclause 75—this clause provides for bar of jurisdiction of civil courts in respect of any matter which the authority or central government is empowered by or under the proposed legislation to determine and also bars the civil courts from grant of any injunction in respect of any action taken or to be taken by authority and central government in pursuance of any power conferred by or under this billclause 76—this clause empowers the central government to make rules, by notification, in respect of the matters enumerated in items (a) to (k) of sub-clause (2)of this clauseclause 77—this clause empowers the authority to make regulations with the previous sanction of the central government, by notification in the official gazette, not inconsistent with and to provide for all matters necessary to give effect to the provisions of the proposed legislation or rules made thereunder it further provides that without prejudice to the generality of the foregoing, such regulations may provide for all or any of the matters specified in items (a) to (k) of sub-clause (2) of this clauseclause 78—this clause provides for laying of rules and regulations made under the proposed legislation before each house of parliamentclause 79—this clause empowers the central government to make provision by order published in the official gazette, to remove difficulties which may arise in giving effect to the provisions of the proposed legislation however, such order shall not be made after expiry of two years from the commencement of the proposed legislation it further provides for laying of such order before each house of parliamentclause 80—this clause provides for repeal of the destructive insects and pests act, 1914 and the livestock importation act, 1898 however, such repeal shall not affect the previous operation of the said enactments as specified in the proviso to the said clause it further provides that any notification, order or notice issued, or declaration made, or permit or certificate granted, or any other think done, or any other action taken under the repealed enactments, and in force immediately before the commencement of the proposed legislation shall, be deemed to have been issued, made, granted, done or taken under the corresponding provisions of the proposed legislation and all the rules made under the said repealed acts shall continue to have effect until such rules are rescinded or amended, as the case may be it also provides for applicability of section 6 of the general clauses act, 1897 with regard to the effect of repeal financial memorandumclause 7 of the bill provides that the central government shall constitute an authority to be called the agricultural biosecurity authority of india and the head office of the authority shall be at faridabad the authority will exercise powers, conferred on and perform functions assigned to it under the proposed legislation clause 8 of the bill provides that the central government shall appoint a director general, two deputy director generals and two members other than ex-officio memberssub-clause (1) of clause 11 provides that the conditions of service, fee and allowances payable to director general, deputy director general and the other members (other than ex-officio member shall be such as may be prescribed under the rules)2 clause 16 of the bill provides that the authority may appoint officers and employees for efficient performance of its functions and the scale of pay, allowances and other conditions of service will be such as may be provided by the authority by regulations3 clause 22 of the bill provides for transfer of existing employees of the directorate of plant protection and quarantine storage and animal quarantine stations under the central government to the authority sub clause (3) provides that the existing employees shall be given an option to express their willingness or otherwise to become employees of the authority the expenditure related to the employees so transferred to the authority shall be met with the existing budgetary allocation4 clause 45 of the bill provides that the central government after the appropriations made by parliament, may make to the authority grants and loans for utilisation for the purposes of the proposed legislation clause 46 of the bill provides for constitution of the agricultural biosecurity fund to which all grants, loans, fees, penalties and charges received by the authorities shall be credited5 it is estimated that there would be an expenditure of 726 crores of rupees on the establishment of the agricultural biosecurity authority, to be borne by the central government, this would include non-recurring capital expenditure of 506 crores of rupees on equipment, land and building and a further recurring expenditure of 220 crores of rupees towards salaries and allowances, establishment, 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 legislationsub-clause (1) of clause 76 of the bill empowers the central government to make rules, by notification in the official gazette, to carry out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the matters in respect of which such rules may be made under the proposed legislation the matters, inter alia, relate to (a) experience of the years under clause 9; (b) such powers and functions of the authority which may be exercised and discharged by the director general under clause 10; (c) the term of office and condition of service of the director general and the other members other than ex-officio members under clause 11; (d) powers and duties of secretary under sub-clause (1) of clause 15; (e) control and restrictions subject to which the authority may appoint other officers under clause 16; (f) the form in which the option of willingness or otherwise to become employees of the authority under sub-clause (3) of clause 22; (g) other activities to be undertaken by authority under clause (y) of clause 23; (h) manner and fee for appeal under clause 40; (i) form in which authority shall maintain proper accounts and other relevant records, and prepare an annual statement of accounts including profit and loss account and balance sheet under sub-clause (1) of clause 46; (j) form and time in which the authority shall prepare an annual report under sub-clause (1) of clause 47; (k) any other matter which is to be or may be prescribed under the proposed legislation2 sub-clause (2) of clause 77 of the proposed legislation empowers the agricultural bio-security authority of india to make, in consultation with the central government and by notification in the official gazette, regulations, consistent with the provisions of the proposed legislation and the rules made thereunder, to carry out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the matters in respect of which such regulations may be made under the proposed legislation the matters, inter alia, relate to (a) the form, manner, fee, conditions and exemptions of the import permit under clause (i) of clause 3; (b) the authority of the country of origin or country of re-export which shall issue the sanitary of the country of origin or country of re-export which shall issue the sanitary and phystosanitary certificate under clause (ii) of clause 3; (c) the manner in which and the fee on payment of which the designated officer shall issue the sanitary and phytosanitary certificate under clause 4; (d) times and places of meetings, and procedures in regard to the transaction of business at the meetings, including the quorum of the authority under sub-clause (1) of clause 12; (e) the method of appointment, the scale of pay and allowances and other conditions of service of other officers and employees of the authority under clause 16; (f) the manner in which the experts and professionals may be engaged by the authority and their remuneration or fee under clause 18; (g) post entry quarantine measures which may be implemented by the authority and the research institutes with which the authority jointly implement it under clause (f) of clause 23; (h) fee to be charged for services under sub-clause (w) of clause 23; (i) the form and manner in which any contract shall be made under sub-clause (2) of clause 34; (j) procedures for sampling testing and analysing plants, animals, plant product or animal products and other objects under clause 56; (k) generally for the efficient conduct of the affairs of the authority3 clause 78 of the proposed legislation provides that the rules and regulations made under the proposed legislation are required to be laid before each house of parliament4 the matters in respect of which rules and regulations may be made are matters of procedure or administrative details and it is not practicable to provide for them in the proposed legislation itself the delegation of legislative powers is, therefore, of a normal character—————— a billto provide for establishment of an authority for prevention, control, eradication andmanagement of pests and diseases of plants and animals and unwanted organisms for ensuring agricultural biosecurity and to meet international obligations of india for facilitating imports and exports of plants, plant products, animals, animal products, aquatic organisms and regulation of agriculturally important micro organisms and for matters connected therewith or incidental thereto———— | Parliament_bills | a9b4c27a-3b71-592b-b9a1-05b777179bf8 |
curhige!'du1to ! the maritime zcnes cf i '!ch,u (negjlatil' cf fishing oy f(;reign vessels) bill, 1981 (1 0• !"'e!as int r()d~ced in lok sp!?ba) page 3, line 14,-i2! "lice nce u re l1d -- "a licence" new delhi; mat 6 1<)81 va s ak~il 16, 1903 {sakal k: 8 may 1381 ~~ bill no 73 of 1981 't't-le maritime zones of india (regulation of fishing by foreign vessels) bill, 1981 arrangement of clauses chapter i preliminary clauses1 short title and commencement 2 definitions chaprer ii regulation of fishing by foreign vessels3, prohibition of fishing in maritime zones of india by foreign vessels 4 grant of licences 5 prohi11ition of fishing by indian citizens, etc, using foreign vessels 6 cancellation or suspension of licence or permit 7 foreign vessel entering m:lritime zones of india without licence or permit to stow gear 8 fishing for scientific research, investigation, etc chapter iii powers of search and seizure9 authorised officers and their powers chapter iv offen1:::es and penalties10 penalty for contravention of section 3 11 penalty for contravention of licence 12 penalty for contravention of permit 13 confiscation of vessels, etc 14 penalty for contravention of section 7 15 penalty for obstruction of authorised officers 16 court to pass certain orders 17 offences by c'ompanies ~~ (ii) chapter v miscellaneous cl\usts~ 1'8 offenees to be cognizable 19 cognizance and trial of offertees 20 magistrate's power to impose enhanced penalties 21 place of trial 22 presumptions 23 protection of action taken in good faith 24 art to supplement other laws 23 power to make rules 26 removal of difficulties bill no 73 of 1981 the maritime zones of india (regulation of fishing by foreign vessels) bill, 1981 a billto p·rovide for the regulation of fishing by foreign vessels in certain maritime zones of india and for matters connected therewith be: it enacted by parliament in the thirty-second year of the r~mblic ot india as fonows:- chapter i preliminary5 1 (1) true act may be called the maritime zones of india (regula-short tion of fishing by foreign vessels) act, 1981 title (2) it shall come into force on such date as the cemtral government may, by notification in the official gazette, appoint: and commence ment provicled tbatdifferej:lt dates may be appointed for different provi-10 sions 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 provision 2 in this act, unless the context otherwise requires,-definitions '''~/uexduaive economic zone of india" means the exclusive 15 e80nami~ ·zoileof india in accordance with the provisions of section 7 ;qf·the territorial waters, continental shelf, e~lusive economic zone and other maritime zones,act, 1976; ~yj('(b) "fish'" means any aquatic animal, whether piscine or not, and includes shell fish, crustacean, molluscs, turtle (chelonia), aquatic mammal (the young, fry, eggs and spawn thereof), holthu-'nans, coelenterates, sea weed, coral (porifera) and any other aquatic life; s (c) "fishing" means catching, taking, killing, attracting or pursuing fish by any method and incl'lldes the processing, preserving, transferring, receiving and transporting of fish; (d) "foreign vessel" means any vessel other than an indian vessel; 10 (e) "indian vessel" means-(i) a vessel owned by government or bv a corporation established by a central act or a provincial or state act, or -(ii) a vessel-(i) which is owned wholly by persons to each of whom '5 any of the following descriptions applies:-(1) a ritizpn of india; (2) a company in which not less than sixty per cent of the share capital is held by citizens of innia; (3) a registered co-operative society every member 20 whereof is a citizen of indio or where any other co-operative society is a member thereof, every individual who is a member of such other co-cqerative society is a citizen of india; and 44 of 1958 (ii) which is registered under the merchant shipping 25 act, 1958 or under any other central act or an'' provincial or state act frplanation-for the purposes of this clause, "registered cooperative society" means a society registered or deemed to be registered unner the co-operative societies act, 1912, or any other law go 2 of 1912 relclting to co-operative societies for the time being in force in any state; (f) "licence" means a licence granted under section 4; (g) "maritime zones of india" means the territorial waters of india or the exclusive economic zone of india; 35 (h) "master", in relation to a vessel means the person for the time being having command or charge of the vessel; (i) "owner", in relation to a vessel, includes any association of j)qfsons, whether incorporated or not, by whom the vessel is owned or chartered; , , 40 <j) "permit" me::tns a permit granted of deemed, to have been granted under section 5; , act- (k) "prescribed" means prescribed by rules made under this ' ' , ,(l) "processing", in relation to fishing, incl'lldes cleaning, be- 43 heading, filleting shelling, peeling, icing, freezing, canning, salting, smoking, cooking, pickling, drying and otherwise 'preparing or pre-serving fish by any other method; (om) "specified ports" means such ports as the central goven· ment may, by notification in the official gazette, specify for the purposes of this act; !) i ,'30 ot 1976 (n) "territorial waters of india" means the territorial waters· of india in accordance with the provisiohs ¢ section 3 of the territorial waters, continental shelf, exclusive economic zone and other maritime zon~ act, 1976; (0) "vessel" includes any ship, boat, sailing vessel or other description of vessel 10 chapi'er ii rli'gulation 0 fislflng by foreign vessels3 subiect to the provisions of this act, no foreign vessel shall, except under and in accordance with-(a) licence granted under section 4; or 15 (b) a permit granted under section 5 bv the central government, be used for fhhing within any maritime zone of india ,-i ~ prohibition ot fishing in maritime zones of india by foreign vessels 4 (1) the owner of a forei!:!tl vessel or anv other person [not being in either case anv person to whom ~my of the descriptions specified in sub-grant of licences 20 item;l (1) to (3) of item (i) of sub-clause (ii) of clause (e) of section 2 a,pliesl who intends to use such vessel for fishing within any maritime zone of india may make an application to the central government for the grant of a licence (2) every appliclltion under sub-section (1) shan be in <:l'ch form ~5 and <!hall be accompanied by such fees as may be prescribed (3) no licen<'e shall be granted unless the c;p·'h''11 government having rellai'd to such matters as mav be prescr:bed in the puhh, intel'est in thi'3 behalf and after making such inquiry in respect of such other matters as may be relevant, is sati~fied that the licence may be granted go (4) evel"'r order grantin(1' or reiecting an application for the issue of a ucence shall be in writing (5) a licence ptanted under this section-(a) shall be in such form as may be prescribed; (b) shall be valid for such areas, for such per:od, for such 35 method of fishing and fnr such purposes as may be specified therein; (c) may be renewen from time to time; and (d) shall be subject to such conditions and restrictions as may be prescribed and to such additional conditions and restrictions as may be specified therein 40 (6) a person holdinj!' a licence under this section shall ensure that every person employed by him complies, in the course of such employ-ment, wi'th the provisions of this act, or any rule or order-made thereunder and the conditions of such licence 5 (1) every indian citizen and every person to whom any of the debeeiptiollls specified in sub-item (2) or (3} of i-tem (i) of sub-clause (ii) of clawse (e}'of section 2 applies, who ,intends to use any foreign vessel for s fishing within any maritime zone of inciia, may make an application to the central government for a permit to use such vessel for such purpose prohibition of fishing by indian citizens, etc, using foreign vessels (2) every application under sub-section (1) shall be made in such form and shall be accompanied by such fees as may be prescribed (3) no permit shall be granted unless the centr!il government, 10 having regard to such matters as may be prescribed in the publi'c interest in this behalf and after making such inquiry in respect of such other matters as may be relevant, is satisfied that the permit may be granted (4) every order granting or rejecting an application for the grant of such permit shdl be in writing is (5) a permit granted under this section-(a) shall be in such form a~ may be prescribed; (b) shall be valid for such areas, for such per;od, for such method of fishing and for such purp"ses as may be specified therein; flo (c) may be renewed from time to time; and (d)' shall be subject to such conditions a'1i1d restrictions as may be prescribed and to such additional conditions and restrictions as may be specified therein (6) a qerson holding a permit under this section shall ensure that every person employed by him compli'es, in the course of such em- ~5 ployment, with the provisions of this act or any rule or order made thereunder and the conditions of such permit (7) notwithstanding anything contained in the fore~oing provisions of this section, or in section 3, any permission granted to an indian eitizen to use or em!p}oy foreign fishin~ vessels in any maritime zore of 30 india and in force immediately before the commencement of this act shau, if the terms and conditions of such permission are not inconsistent with the provisions of this act, be deemed to be a permit ~ante'd tinder this section and'such permission shall continue to be in force after such commencement on the': same terms ano conditions includinq tl,e condi- 35 ttons alt to the arm- of o~ration' and the j)l!!riod of its, validi,ty, and the provisions -(if this actshall, so far- ik tnay he, apply to sllchpermission cancellation or suspension of licence or permit 8 (1) the central government may, if there is any reasonable cause to believe that the holder of ~ny li~ence or permit bas tnade any statement in or in relation' to, any appueation for the grant' or 40 renewal of such licence or permit whiell' i" il1coi't'e'ct or false in material particular!; or has contravened any of the provisions of this act or imy rule or order made thereunder or of the provisions of any lic'ence orp'e!rtnft or any conrlitions or restrictions specified therein, suspend such licence or :permit, as the case may be pending the completion of any inquiry against such holder for making such incorrect or false statement or for such contravention, as the case may' be (2) where the central government is satisfied, !aftermsking such -5 inquiry as is necessary, that the holder of any licence or permit has made such im·jltect or false statement as is referred to in subsection (1) or has cnnlravened the provisions of this act, rule or order made thereunder o'r of the provil,;ions of any licence or permit or any conditions or restrictions specified therein, it may, without pre-10 judice to any other penalty to whicn such holder may be liable under the provisions of this act, cancel such licence or permit, as the case may be (3) evety person whose licence or permit has been suspended under sub-section (1) shall, immediately after such suspension, stop, 15 using the foreign 'fishing vessei in respect of which such licerce or permit is given and shall not resume such fishing until the order of suspension has been revoked (4) every holder of a licence at permit which is suspended or cancelled shall, immediately after such suspension or cancellation, sur-20 render such licence or permit, 25 the case may be, to the central government 7 where any foreign vessel entets any maritime zone of india without a valid licence or permit granted under this ad, the fishing gear, if any, of such vrosel shall, at all times while it is in such zone, be kept 2s stowed in the prescribed manner foreign vessel entering maritime zones of india without licence or permit 10 stow gear 8 notwithstandinjt anything contained in section 3, the central gov-~rnment may, in writing, permit a foreign vessel to be used for fishing withln any maritime zone of india for the purpose of carrying out any ;:cientitlc research o i' investigation or for any experimental fishing in 30 accordance with such terms rnd conditions as may be prescribed fishing for scientific research, investigation, etc chapter iii powers of search and seizure9 (j) any officer of the coast guard collstituted under the coast 300t 1978 guard act, 1978,er sucla other offirer of government as may he authorised authorised officers and their powers ~s by the central government may, for tbe purpose of ascertaining wtmtilep·or >not·the·requirements of this act have beetl complied with, ,,tt ·with, gil witheut a warl'ant,-(a), stop or ~board a, f~eign vessel in any maruie, ,ne of india and search such vessel for ibjjlaad-'or:,ea~tuaed,ot"capable 40 of heinr used for flshinr: ,> __ "tv e(b) require the master of sueh vessel to produc~ (i) any licence, permit, 10, book or other document relating to the vessel and examine or take copies of such licence, permit, log book or document; -•• ' (ii) any catch, net, fishing gear or other equipment on board 5 such vessel or belonging to the vessel and examine 'luch fish, net, gear or equipment; (c) make sum ildquiries as may be necessary to ascertain whether any otlence under this act has been committed (2) where the officer referred to in sub-section (1) (hereinafter re-10 feited to as authorised officer) has reason to believe that any foreign vessel has been, is being, or is about to be, used for committing an offence under this act, he may, with or without a warrant-(a) seize and detain such vessel, including any fishing gear, fish, equlpment, stores or cargo found on boarci such vessel or belonging ie to the vessel, and seize and detain any fishing gear abandoned by') the vessel; (b) require the master of the vessel so seized or detained to bring such vessel to any specified port; 20 (c) arrest any person who such officer has reason to believe, has rommitted such an offence (3) in taking any action under sub-section (2), the authorised officer may use such force as may be reasonably necessary (4) where any vessel or other things are seized, or any person has been arrested, under sub-section (2),-25 (a) the vessel or other things so seized shall, as soon as possible, be produced bc'fore a magistrate competent to try an offence under this act who shall make such order as he may cieem fit for the retention or cllstody of such vessel or things with government or with any other authority pending the completion of any proceedings 30 for the prosecution of any offence under this act or for its use by such authority during such retention or custody on such terms and conditions as the magistrate may think fit to impose: provided that the magistrate may, on an application made by the owner or master of such vessel in the prescribed form, order the release of the vessel or other things so seizeci on the owner or master :15 furnishing security in the form 'of cash or a bank guarantee for an amount not less than fifty r,jer cent of the value of the vessel or things so seized: provided further that where any fish so seized is subject to deterioration, the magistrate may authorise the sale of such fish and 40 the oepositing of the proceeds of such sale in court; (b) the arrested person shall, as soon as possible, be informed of the grouncis for such arrest and he shall, without unnecessary delay, be produced before such magistrate; and (c) the central government shall be informed of such seizure 4s or arrest and the details thereof ", i , (5) where in pursuance of the commil8ion of any offence under this act, any foreign vessel is pursued beyond the limits of the exclusive economic zone of india, the powers conferred on an authorised otbcer by tht section may be exercised beyond such limits in the circumstances and 5 to· the exteftt recognised by intemational law and state practice chapter iv offences and penalties10 where any foreign vessel is used in contravention of the provisions of section 3, the owner or master of such vessel shall,-10 penalty for contravention of section 3 (0) in a case where such contravention takes ~lace in any area within the territorial waters 'of india, be punishable with imprisonment for a term not exceeding three years or with fine not exceeding rupees fifteen lakhs or with both; and (b) in a case where such contravention takes pl:tce in any area is within the exclusive economic zone of imha, be punishable with fine not exceeding rupees ten lakhs 11 whoever contravene~ the provisions of any licence shall be punishable with fine not exceeding rhljees ten lakhs penalty for contravention of licence 12 whoever contravenes the provisions of any nermit shall be punish-20 able,-penalty for contravention of permit (a) whprp such contravention rphtes to the :11'1':\ of oner:ltion or method of flshin!! l':necifled in such permit, with flne not ex('eedin~ rupees flvp lakh~; lmct 2s (b) in any other case with fine not exceedin~ rupees fifty thousand contlsca_ tionof vessels, etc' 13 (1) where any pprson is convicten of an offence unner s9ction 10 or section 11 or section 12 th(' fo1'eiq"n vessel usen in or in connection with the comm'ssion of the sn;n offencp to(tether with its fishinrt ~ear ertuipment stores ann carf,to and any flsh on board such sh;p or the pl"o(,c"pd~ of 30 the snle of anv fish ordered to be sold under thf' se<'ond proviso to clause (a) (if mb-section (4) of section 9 shall also be liable to confic;cation (2) the forei!!n ve"s~el ot' other things confiscated under suh-section (1) shall vest in the central government 14 where anv forei~ vessel is found in anv maritime zone of india in 35 contravention of the pl"ovis'on~ of sect;on 7 the owner or master of such ves~el shall be punishable with fine not exeeedin!5 rupees five inkhs penalty for contravention of section 1 is if anv person-ii '1' , «(i) intentionally obstructs :tny 3uthorlstro offtcer in the rxercise of any pow,ers conferred under this act; or penalty for obstruc':' tion or authorf8ed 40 ofllce~ (b) fails to afforn reasonable facilitiec; to the authorlspd officer or hfs assistants to board the "(e~el or tn l'ro~de fat' ~d~uat~ ~ - ~i~security to :such officer and assistants at the time' of entry into the vessel or wben they are on board such vessel;, or (c) faiols to stop the vessel or produee the licence permit, log book or other document or any fish, net, ftahlng, gear· or,o$ber equipment on board such vessel, when required to do so by the 5 authorised officer, he shall be punishable with imprisonment for a term which may extend to one year or with fine not exceeding rupees fifty thousand or with both court to p certain orders 16 where any ~erson is convicted of an offence unrler this act, the court may, in addition to awarding any punishment, order that any costs 10 incurred in connection with the retention or custody of the vessel during the pendency of any proceedings for the prosecution of an offence under this act,as rerluced by the amount, if any, realised out of the use of tbe vessel by the authority with whom such vessel was retained or kept in custo'dy, shall be payable by the person convicted 15 offences by companies 17 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be, proceeded against and 20 punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any such punishment provided in this act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence 25 (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 cennwanee of, 01' is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, 30 secretary or ather officer shall also be deemed· to be guilty of that offence and· shall be liable to be proceeded against and pl1nished accordingly, erplanat~-for the 'purposes of this section,-(a) "company" means' a body corporate and includes a firm or other association of inruviduals' and ' ' 35 (b) "'director", in relatio~ to a firm, means a partnej: ill the firm chapter v miscellaneous,18 notwithstanding anything contained in the code at criminal procedure, 1973, every offence punishable under this act shlill ~ cognizable, 40 2 of 1974 - -1': (1) 'no court shall take cognizance of any offence punishable under this'· act· except on a report· in writing of the facts constituting such ofnnce made by, an authorised officer | cogniza | ||------------|-------|| nceand | || trial | of || offence • | |(2) no court inferior to that of a metropolitan magistrate or a juw-5 cial, magistrate of the first class shall try' any offence unner this act 20 notwithstanding anything contained in section 29 of the code of 2 of 1974 criminal procedure, 1973, it shall be lawful for any metropolitan magistrate or any judicial magistrate of the first class s,ecially empowered by the state government in this behalf to pass any sentence authorised 10 by this act magistrate's power to impose enhanced penalties place of trial 21 any person committing an offence under this act or any rules made thereunder may be tried for the offence in such place as the central government may, by general or special orner, published in the official gazette, direct in this behalf presumptions 15 22 (1) where any offence is alleged to have been committed under the provisions of this act, the place of commission of such offence shall be presumed on the basis of the certified copy of the relevant entry in the log book or other official record of the vessel or aircraft which was used in connection with the detection of the offence 20 (2) where any foreign vessel is found within any maritime zone of india and the fishing gear of such vessel is not stowed in the prescribed manner or fish is found on board such vessel, it shall be presumed, unless the contrary is proved, that the said vessel was used for fishing within that zone 25 23 (1) no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intenden to be done in pursuance of the provisions of this act protection ot action taken in good faith (2) no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused for anything which 30 is in good faith done or intendert to be done in pursuance of the qrovisions of this act 24 the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force act to supplement other laws 25 (1) the central government may, by notification in the official 35 gazette, malte rules for carrying out the purposes of this act power to make rules 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:-(4) the form in which an application for a licence or permit may be made and the fees that shall accompany such application; (b) the matters which may be taken into account in the granting of licences and permits; (2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament provided that no oreier shall be made under this section after the expiry of three years from the commencement of this act gaz~tte, make such it)rovisions not inconsistent with the provisions of 30 this act as may appear to it to be necessary for removing the difficulty: 26 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official removal of diftlculties (4) every rule made uncler 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 20 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 mociified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be 25 without prejudice to the validity of anything previously done under that rule (3) in making any rule under this section, the central government may provide that a contravention thereof shall be qunishable with fine 15 which may extend to fifty thousand rupees (g) any other matter which is required to be, or may be, prescribed' (j) the form in which an application may be made for releasinf the vessel or other things seized under the first proviso to clause (a) 10 of sub-section (4) of section 9; (e) the terms and conditions under which a foreign vt:ssel may 5 be permitted to be used for fishing within any maritime zone of india for the purpose of carrying out any scientific research or in vestigation or for any experimental fishing uncler section 8; (d) the manner in which the fishing gear of a foreign vessel shall be kept stowed under section 7; (c) the form of licences and permits and the conditions ~ restrictions subject to which licences and permits may be sranted; ,,~i\a ie)' 4 the bill seeks to achieve the above objects (ii) officers of the coast guard and any officer of government authoriseri by it in this behalf would be coidqetent to stop or board a foreign fishing vessel in any marit1me zone and search such vessel for ascertaining whether or not the requirements of the legislation have been complied with such officers will also have the power to seize and detain such vessel and to require the master of the vessel to bring such vessel to any ports specified by the government in this behalf the officers w;u also have the power to arrest any person who is suspected to have committed an offence (iii) the bill provides for heavy penalties for the use of any foreign vessel for fishing in any maritime zone of india without a valid l1cence or permit and also for confiscation of such vessel (iv) provision has been made in the bill for the custody of the foreign vessel impounded by the authorised ofticer during the pendency of prosecution ! ~ (i) no foreign vessel shall be used for fishing within any maritime zone of india except under and in accordance with a licence or a permit granted under the provisions of the bill 'the owner of such vessel or any foreigner wishing to use such vessel has to obtain a licence while an indian citizen wishing to use such vessel has to obtain a permit 3 the following are the salient features of the bill:-2 there has been an increase in poaching activities of foreign fishing vessels in our exclusive economic zone there have also been instances of foreign fishing vessels chartered by indian parties indulging in such activities to prev~t such activities and to protect our fishermen from the hardship caused by poaching vessels, it is necessary to regulate fishing activities by foreign fishing vessels and to provide for deterrent punishment by way of heavy fines and confiscat10n of foreign fishing vessels engaged in such act:ivities the bill seeks to regulate fishing activities of foreign fishing vessels in the territorial waters of india and the exclusive economic zone of india the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, defines the scope and extent of the dlfierent maritime zones of india and provides for the exploration, e"ploitation and protection of the resources in the continental shelf and exclusive economic zone that act was in the nature of an umbrella legislation and it was envisaged that separate legislation for dealing in greater detail with the regulation, exploration and exploitation of particular resources in our maritime zones should be undertaken in due course statement of objects and reasons , "financial memorandum·)according to clause 3 of the bill, no foreign vessel shall be used for fishing- within! any' maritime zone'of india eoxeel>t" under and in accordance with a licence granted under se~tiol\·4, or a permit gtantcd under section 5 by th~ central go'q'ernmel'lt clause 9 of tne bill seeks to empower'the officers of the coast guard and such other officers of government as' may be' authorised liy the central government to exercise the various powers provided for therein for the enforcement of the provisions of the legislation these ptovisions will involve the creation of the necessary machinery for the,graqting,ofjioencesand permits and matters connected therewith lind for the eni-orcement of the provisions of the legislation, and as such would involve expenditure both of recurring and non-re~urring nature from the consolidated fund of india 2 a special cell is, however, proposed to be created for the granting of licences and permits, monitoring of the oper::tions, recording of the reports of viplations of the provisions of the legislation, etc it is estimated that this may involve an annual recurring expenditure of rs 250 lakhs and a non-recurring expenditure of rs 50,000 it is not possible at this stage to indicate precisely the quantum of the ether expenditure, which will be involved on account of the aforementioned provisions as that will depend upon the number of application" which will be made for licences and permits and the number and nature of violations (ie use of foreign fishing vessels for fishing in our maritime zones without licence or permit) of the legislation { i; i, ( , memorandum regarding delegated legislationclause 25 of the bill empowers the central government to make rul~ for carrying out the purposes of the proposed legislation the matters in respect of which such rules may be made are specified in sub-clause (2) of that clause they, inter alia, relate to the form in which an application for licence or permit may be made, the fees payable on such applications, the matters which may be taken into account by the central government in the grant of licences and permits, the form of lkence or permit and the conditions or restrictions subject to which such licences or permits may be granted, the manner in which the fishing gear of 2-foreign vessel shall be kept stowed under clause 7 of the bill and the terms under which a foreign vessel may be permitted to be used for fishing within any maritime zones of india for the purpose of carrying out scientific research or investigation and certain other matters 2 clause 26 of the bill empowers the central gjvernment to remove by order published in the official gazette any difficulty which may arise in giving effect to the provisions of the legislation as all the problems which may arise cannot be envisaged, this provision has been i!jcluded by way of abundant caution it is al!'ro made clear "in the clause that sllch a removal of difficulties order shjuld not b? inconsistent with tht' provisions of the legislation 3 the delegation of legislative power under the aforesaid clauses relates to matters of procedure or detail or to matters which cannot b€ visualised at this stage hence, the delegation of legisbtive power is of a normal character a billto provide for the regulation of fishing by foreign vessels in certain marjtjrne zones of india and for matters connected therewi:h (shri roo birendra sin-rib, minister of agriculture, irrigation and rural reconstruction) | Parliament_bills | d9e134b2-dc32-5eeb-b731-d6bb402c4b78 |
clrrigenduf;to the speci\l ,-1': d\f::t nl· \\;3 (n«·t'vnit:es ,,\'!:j exbjiptilns) 51 ll, 1 (hh p "ge ~, 11 nc 32,-~j£ "pr:1!'ticulr" r~:d "pt)rticl:lu" ]\iev',r £'elhi; bill no 21 ot rmt 'the special bearer bonds (immunit£es and exemptions) bill, 1981 a billto provide for certain immunities to holders of special bearer bonds, 1991 and for certain exemptions from direct tares in reiation to buch bonds and fot matters connected t~ewith whereas for effective economic and social planning it is necessary to canalise for productive purposes black money which has become a serious threat to the national economy; aft'!) whbm:as with a view to such canalisation the central govern-s ment has decided to issue at par certain bearer bonds to be known as the ~cial bearer bonds, 1991, of the face value of ten thousblld rupees and redemption value, after ten years, of twelve thousand rupeesj alcd whji1tkasit is expeldiertt to provide for certain immunities and esnptions tonmder it possible fot persons iii possession of black money to to invest the same in the said bonds; be ifenacted by parliament in the thirty-second year of the republic 6f 'india is follows:-1 (1) this act may be called the special bearer bonds (immunities short and exemptions) act, 1981 title, (2) it e:rtends to the whole of india extent and commencement (3) it shau be de~med to have come into force on the 12th day o'i january, 1981 l)eftnl tlon 2 in this act, "special bearer bonds" means the special bearer bonds, 1991, issued by the central government immunities 3 (1) notwithstanding anything contained in any other law for the s time being in force,-(a) no person who has subscribed to or has otherwise acquired special bearer bonds shall be required to disclose, for any purpose whatsoever, the nature and source of acquisition of such bonds; (b) no inquiry or investigation shall be commenced against any 10 person under any such law on the ground that such person has subscribed to or has otherwise acquired special bearer bonds; and (c) the fact that a person has subscribed to or has otherwise acquired special bearer bonds shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any is offence or the imposition of any qenalty under any such law (2) nothing in sub-section (1) shall apply in relation to prosecution for any offence punishable under chapter ix or chapter xvii of the indian penal code, the prevention of corruption act, 1947 or any offence 45 of 1860 which is punishable under any other law and which is similar to an 20 2 of 1947 offence punishable under either of those chapters or under that act or for the purpose of enforcement of any civil liability et-planation-for the purposes of this sub-section, "civil liability" does not include liability by way of tax under any law for the time being in force 2s acquisition, etc, of bonds not to be taken into account forcertain proceedlnp 4 without prejudice to the generality of the provisions of section 3, the subscription to, or acq'uisition of, special bearer bonds by any person shall not be taken into account for the purpose of any proceedings under the income-tax act 1961 (hereinafter referred to as the income-tax act), 43 of 1961 the wealth-tax act, 1957 (hereinafter referred to as the wealth-tax act) 30 27 of 1915' or the gift-tax act, 1958 (hereinafter referred to as the gift-tax act) 18 of 1958 and, in particulr no person who has subscribed to, or has otherwise acquired, the said bonds shall be entitled-(a) to claim any set-off ot relief in any assessment, re-assessment, appeal, reference or other proceeding under the income-tax act or to s, reopen any assessment or re-assessment made under that act on the ground that he has subscribed to or haa otherwise acquired the said bonds; (b) to claim in relation to any period before the date of maturity of the said bonds, that any asset which is includible m ~ net wealth 4d for any assessment year under the wealth-tax act has been converted into the said bon?si or (c) to claim in relation to arty period before the date of maturity of the said bonds, that any asset held by him or any sum credited in his books of account or otherwise held by him represents the consi- 45 deration received by him 'for the transfer of the said bon!h 5 in the income-tax act,-amendment of act 43 of 1961 (a) in section 2, in clause (14), after sub-clause (iv) , the following sub-clause shall be inserted, namely:-5 "(v') special bearer bonds, ·1991; issued by the central govenunent;"; (b) in section 10, in clause (15), after sub-clause (ui), the following sub-clause shall be inserted, namely:-"(ib) premium on the redemption of special bearer bonds, 1991;" 10 6 in section 5 of the wealth-tax act, in sub-section (1), after clause (rvia), the following clause shall be inserted, nameiy:-"(xvib) special bearer bonds, 1991;" amendmentof act 27 of 1957 7 in section 5 of the gift-tax act, in sub-section (1), after clause' (iita) , the following clause shall he inserted, namely:-amendmelt of act 18 of 1958 \ 15 "(iiib) of profperty in the form of special bearer bonds, 1991;" 8 (l) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty power to remove difftculties (2) every order made under this section shall, as soon as may be after 20 it is made, be laid before each house of parliament 9 (1) the special bearer bonds (immunities and exemptions) ordinance, 1981, is hereby repealed 1 of 1981 repeal and saving (2) notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or 25 taken under the corresponding provisions of this act statement of object~ and reasonswith a view to reducing the liquidity in the economy and controlling prices and canalisidg for productive pw'poses black modey wch has become a serious threat to the nation, tile government decided to' ilsue special bearer ~onds, 1991 it was considered necessary to provide for certain immunities and exemptions to render it possible for p~rsons in possession of black money to invest the same in these bonds an ordin~e called the, special beare:- bonds (immunities and exempt;iona) ordinance, 1981 was accordingly promulgated by the president on the 12th january, 1981 2 the ordinance provides for certain immunities in favour of persons subscribing to or otherwise acquiring, the bonds it providf:!s that such persons shall dot be required to disclose for ~y purpose whatsoever the nature and source of acquisition of the bonds it prohibits any inquiry or investigation against any such person under any law on the ground that such person has subscribed to, or has otherwise acquired, the bonds it makes the fact of subscription to, or acquisition of, the bonds inadmissible in evidence in any proceedings relating to any offence or imposition of any penalty under any such law these immunities have been maqe subject to an exception in relation to presecution for certain offences relating to property or prevention of corruption the ordinance also provides that the acquisition of the bonds shall not he taken into account for the purpose of any proceedings under the income-tax act, 1961, the wealth-tax act, 1957 and the gift-tax act 1958 the bonds themselves have been exempted from wealth-tax the premium payable on the redemption of the bonds has been exempted from income-tax it has also been provided that transfer of the bonds will not attract any liabilit,- to capital gains tax or gift-tax 3 the bill seeks to replace the aforesaid ordinance r venkataramannew delhi; the 20th february, 1981 memorandum regarding modifica,ti&a,j c~ned in the bill to replace the special bearer bcmds (immunities and exemptions) ordinance, 1981except for the modifications in sub-claues (b) and (c) of clause 4 [substit'ution of the words "at any time" by the words "in relation to any period" in both the sub-clauses and amplification of sub-clause (c) to cover assets in addition to money] to make the intention clear, the provisions of the bm are on the lines o'f the ordinance annexure extracts from the income-tax act, 1961deftnitions (43 of 1961) - - - - - a in this act, unless the context otherwise requires,-- - - - - (14) "capital asset" means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include-- - - - - incomes not included in total income 10 in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be j included-- - - - - (15) (i) monthly payment on the is-year annuity certificates issued by or under the authority of the central government or such other annuity certificates issued by or under the authority of that government as that government may, by notification in the official gazette, specify in this behalf, to the extent to which the amo"lllts of thle 'c!ertlificates do not exceed in each case the maximum amount which is permitted to be invested therein; (ia) annual payment on national defence gold bonds, 19'80; - - - - - extract from the wealth-tax act, 1957- (27 of 1957) - • •- exemptions in respect ot certain assets - - - 5 (1) subject to the provisions of sub-section (1a), wealth-tax shall not be payable by an assessee in respect of the following assets, and such assets shall not be included in the net wealth of the assessee-- - extract from the gift-tax act, 1958- (18 of 1958) - • •- 5 (1) gift-tax shall not be charged under this aet in respect of gifts made by any person-- - - - - exemption in respect ot certain litts i !5j a billto provide for certain immunities to holders of special bearer bonds, 1991 and for certain exemptions from direct taxes in relation to such bonds and for matters connected therewith | Parliament_bills | 7b704ffd-2737-586b-a80f-8aaa530503cf |
bill no 57-c of 2012 the indian medical council (amendment) bill, 2012 a billfurther to amend the indian medical council act, 1956 be it enacted by parliament in the sixty-third year of the republic of india as follows:————— a billfurther to amend the indian medical council act, 1956————(as passed by lok sabha)gmgipmrnd—815ls(s3)—07052012 | Parliament_bills | 6b2d5816-6f11-5484-9cdb-a5fceceeb367 |
biu no 49 of i"s the payment of bonus bill, 1965 arrangement of clauses clauses1 short title, extent and application 2 definitions 3 establishments to include departments, undertakings and branches 4 computation of gross profits 5 computation of available surplus 6 sums deductible from gross profits 7 calculation of direct tax payable by th£· employer 8 eligibility for bonus 9 disqualification for bonus 10 payment of minimum bonus 11 payment of maximum bonus 12 calculation of bonus with respect to certain employees 13 proportionate reduction of bonus in certain cases 14 computation of number of working days 15 set on and set off of allocable surplus 16 special provisions with resped to certain establishments 17 adjustment of customary or interim bonus against bonus payable under the act 18 deduction of certain amounts from bonus payable under the act 19 time-limit for payment of bonus 20 application of act to establishments in public sector in eel'-taincases 21 recove·ry of bonus due from an employer 22 reference of disputes' under the act clauses23 presumption about accuracy of balance sheet and profit and loss account of corporations and companies 24 audited accounts of banking companies not to be questioned 25 audit of accounts of employers, not be1ng corporations or co~anies 26 maintenance of registers, records, etc 27 inspectors 28 penalty 29 offences by companies 30 cognizance of offences 31 protection of action taken under the act 32 act not to apply to certain classes of employees 33 act to apply to certain pending disputes regarding payment of bonus 34 effect of laws and agreements inconsistent with the act 35 saving 36 power of e'xemption 37 power to remove difficulties 38 power to make rules 39 application of certain laws not barred 40 repeal and saving the first schedule the second schedule the thmd schedule the fourth schedule the payment of bonus bill, 1965 a billto provide for the payment of bonus to perso718 employed in certczin establishments and for" matters connected therewith be it enacted by parliament in the sixteenth year of the repubuc of india as follows:- 1 (1) this act may be called the payment of bonus act, 1965 short tide cztcdt idd (2) it extends to the whole of india: except the state of jammu application 5 and kashmir (3) save as otherwise provic!ed in this act, it shrru apply to-(a) every factory; and (b) every other establishment in which twenty or more persons are employed on any day during an accounting year 10 (4) save as otherwise provided in this act, the provisions of this act shall, in relation to a factory or other establishment to which this act applies, have effect in respect of the accounting year commencing on any day in the year 196~ and in respect' of every sub sequent accounting year (5) an esta'blishment to which this act applies under clause (b) of sub-section (3) shall continue to be governed by this act notwithstanding that the number of persons employed therein falls be'low twenty ,- ; ~- j 2 in this act, unless the context otherwise requires,-(1) "accounting year" means-(i) in relation to a corporation, the year ending on the day on which the books and accounts of the aorporatlon are to be closed and balanced; (ii) in relation to a company, the period in respect of 10 which any profit and loss account of the company laid before it in annual general meeting is made up, whether that period is a year or not; (iii) in any other j1se-(a) the year commencing on the 1st day of april; or is (b) if the accounts of an establishment maintained by the employer thereof are closed and balanced on any day other than the 31st day of march, then, at the option of the employer, the year ending on the day on which itr accounts are so closed and balanced: 20 provided that an option once exercised by the emplojer und~r paragrnph (b) of this sub~lause shall not again be exerci~d except with the previous permission in writing of the prescribed authority and upon such conditions as that· authority may think fit; is (2)· uagricultural income" sballhave the same meaning- as in the income-tax act; - (3) "agriccltural -income-t"ax la~" means any l~w·· for- the time being in force relating to the levy ot· tax on agrlcu1tutal ~~; ~ (4) "allocable surplus" means-(a) in relation to an employer, being a company (other than a banking company) which has not made the arrangements prescribed under the income-tax act for the declaration and payment within india of the dividends payable out 3~ of its profits in accordance with the provisions of section 194 of that act, sixty-seven per cent of the avaijable surplus in an accounting year; i (b) in any other case, sixty per cent of such available \ surplus, 1 and includes any amount treated as such under sub-section (~~ of section 34; -: -- (5) "appropriate goveaunent" means-(i) in relation to an establishment in respect of which 14 at '94' -----s 10 14 of '941 is 10 of 1949· 20 38 of 19s9 25 i of 19s6 a of 191z 30 35 14 of 1963 7 of 1964 ~e appropriate government under the industrial disputes act, 1947, is the central government, the central government; (ii) in relation to any other establishment, the government of the state in which that other establishment is situate; (6) "available surplus" means the available surplus computed under section 5: (7) "award" means an interim or a final determination of any industrial c:lispute (ft!"-ot'·any question relating tberetcj by any labour court, industrial tribunal or national tribunal constituted under the industrial disputes act, 1947, or by any other authority constituted under any corresponding law relating to investigation and settlement of industrial disputes in force in a state and includes an arbitration award made under section loa of that act or under that law; (8) "banking company" means a banking company as defined in section 5 of the banking companies act, 1949, and includes the state bank of india, any subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959, and any other banking institution which may be notified in this behalf by the central government; ,, (9) "company" means any company as defined in section 3 of the companies act 1956 and includes a foreign company within the meaning of section 59-1 of that act; , c4!1) "co-operaiive society" means a society registered or 'deemed to' be registered under the c(h)perative societies act, 1912, or any other law for the time being in force in any state relating to co-operative societies; (11) "corporation" means any body corporate established by or under any central, provincial or state act but does not include a company or a co-operative society; (12) "direct tax" means-- (a) any tax chargeable under-(i) the income-tax act; (ii) the super profits tax act, 196:t; (iii) the companies (profits) surtax act, 1964; (iv) the agricultural income-tax law; and (b) any other tax which, having regard to its nature or incidence, may be declared by the central government, by notification in the official gazette, to be a direct tax for the purpos~ qf this act; (13) "employee" mean§'iany person (other than an apprentice) employed on a salary or wage not exceeding one thousand and six hundred rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms s of employment be express or implied; (14) "employer" includes-(i) in relation to an establishment which is a factory, the owner or occupie'r of the factory, including the grant of such owner or occupier, the legal representative of a deceased 10 owner or occupier and where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the factories act, 1948, the person so named; and (ii) in relation to any other establishment, the person who, or the 3uthority which, has the ultimate control over 15 the &iffairs of the establishment and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent; (15) ilestablishment in private sector" means any establishment other than an establishment in public sector; 20 e (16) "establishment in public sector" means an establishment owned, controlled or managed by-i of 1",-(a) a government company as defined in section 617 of the companies act, 1956; (b) a corporation in which not less than forty percent 2s of its capital is held (whether singly or taken together) by-(i) the government; or (ii) the reserve bank of india; or (iii) a corporation owned by the government or the reserve bank of india; 30 ' 63 of 1'4l (17) "factory" shall have the same meaning as in clause (m) of section 2 of the factories act, 1948; en) "gross profits" means the gross profits c'3lculated under iection 4; (1~) "income-tax art" means the income-tax act, 1961; (20) "prescribed" means prescribed by rules made under this act; 5 10 15 20 25 24 of 1947 (21) "salary or wage" means all remuneration (other than remuneration in respect of over-time work) capable of beini expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payuble to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include-(i) any other allowance which the employee 13 for the time being entitled to; (ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or ather articles; (iii) any travelling concession; (iv) any bonus (including incentive, production and attendance bonus); (v) any contribution paid or payable by the employer to any pension fund of provident fund or for the benefit of the employee:otlnder any law for the time being in force; (vi) any retrenchment compensation or any gratuity or other retirement benefit payable to the employee or any ex gratia payment made to him; (vii) any commission payable to the employee explanation-where an employee is given in lieu of the whole or part of the salary or wage payable to him, free food allowance or free food by his employer, such food allowance or the value of such food shall, for the purpose of this clause, be deemed to form part of the salary or wage of such employee; (22) words and expressions used but not defined in this act and defined in the industrial disputes act, 1947, shall have the meanings respectively assigned to them in that act 3s 3 where an establishment consists of different departments or eatabuahundertakings or has branches, whether situated in the same place or :ce;:eto in difterent places, ell such departments or undertakings or branches departshall be treated as parts of the same establishment for the purpose :'ne::'kinp of computation of bonus unde·r this act: b~ea 40 provided that where for any accounting year a separate balancesheet and profit ond loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such depar~~!nt or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus imder this act for that year, unless such department or undertaking or branch was, immediately before the commencement of that account- s ing year treated as part of the establishment for the purpose of computation of bonus compu tatiod afpot profitt 4 the gross profits derived by an employer from an establishment in respect of any accounting year shall-r;-'_,-' (4) in the case of a banking' company, be calculated in the 10 manner specified in the first schedule; (b) in any other case, 'be calculated in the manner specified in the second schedule computation 5 the available surplus in respect of any accounting year shan af available be the gross profits for that year after deducting therefrom the sums is turpiua referred to in section 6 6 the following sums shall be deducted from the gross profits as prior charges, namely:-i sumt deductible from aro •• profits (4) any amount by way of depreciation admissible in accordance with the provisions of sub-section (1) of section 32 of the 20 income-tax act, or in accordance with the provisions of the agricultural income-tax law, as the case may be: provided that where an employer has been paying bonus to his employees under a settlement or an award or agreement made before the 29th may, 1965, and subsisting on that date 25 after deducting from the gross profits notional normal depreciation, then, the amount of depreciation to be deducted under this clause shall, at the option of such employer (such option to be exercised once and within one year from that date) continue to be such notional normal depreciation; 30 (b) any amount by way of development rebate or development allowance which the employer is entitled to deduct from his income under the income-tax act; (c) subject to the provisions of section 7, any direct tax which the employer is liable to pay for the accounting year in respect of 3s his income, profits and gains during that year; (d) such further sums as are specified in r~spect of the employer in the third schedule 1 for the purpose of clause (c) of section 6, any direct tax payableca1culatiea by the employer for any accounting year shall, subject to the follow-~ dtt;blt sing provisions, be calculated at the rates applicable to the income ofb, ; th 1 e p ~ e emp oyer for that year, namely:-(4) in calculating such tax no account shall be taken of-10 (i) any loss incurred by the employer in respect of any previous accounting yejj:ind carried forward under any law for ~he time being in force relating to direct taxes; (ii) any arrears of depreciation which the employer il entitled to add to the amount of the allowance for depreciation for any following accounting year or years under subsection (2) of section 32 of the income-tak act; o f 1965 (iii) any exemption ~onfcrred on the employer under section 84 of the income-tax act or of any deduction to which he is entitled under sub-section (1) of section 101 of that act, as in force immediately before the commencement of the finance act, 1965; ao (b) where the employer is a religious or a charltable institution to which the provisions of section 32 do not apply and the whole or any part of its income is exempt from tax under the income-tax act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which as the public are substantially interested within the meaning of that act; (c) where the employer is an individual or a hindu undivided family, the tax payable by such employer under the income-tax act shall be calculated on the basis that the income derived by 30 him fro~ the establishment ishis only income; (dt where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of india and any rebate on such income is allowed under any law for the time being in force relating to direct taxes, then, no 35 account shall be taken of such rebate; (e) no account shall be taken of any rebate (other than development rebate or development allowance) or credit or relief or deduction (not hereinbefore mentioned in this section) in the payment of any direct tax allowed under any law for the fune being in ferce relating to direct taxes or under the relevant a~n~al finbl!~~_~ct,for the development of any industry 8 every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this act, provided he has worked in the establishment for not less s than thirty working days in that year ~qualifica 9 notwithstanding anything contained in this act, an lion for bonus employee shall be disqualified from rece·iving bonus under this act, if he is dismiued from service ifor-(4) fraud; or 10 (b) riotous or violent behaviour while on the plemises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment | payment ||------------|| nunimum || itonus |10 every employer shall be bound to pay to every employee who is has worked in the establishment for all the working days in an accounting year a minimum bonus which shah be four per cent of the salary or wage or-the employee for the accounting year or forty rupees, whichever is higher, whelher there are profits in the accounting year or not: ao provided that where such employee has not completed fifteen years of age at the bf"ginning of the accounting year, the provisions of this section shall have effect in relation to such employee as if for the words "forty rupees", the words "twenty-five rupees" were substituted payment of 11 (1) where in respect of ~my accounting year the allocable 25 luximum bonus surplus exceeds the amount of minimum bonus payable to the employees under semion 10, the employer shall, in lieu of such mini· mum bonus, be bound to pay to every employee who has worked in the establishment for all the working days in the accounting year bonus which shall be an amount in proportion to the salary or 30 wage of the employee ,for the accounting year subject to a maximum of twenty per cent of such salary or wage (2) in computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 15 shall be taken into account in accordance with the provisions of that 35 aediol1 :12 where the salary or wage of an employee exceeds seven hun- cilc:uiatim elred and ~ty rupees per mensem, the ·bonus payable to such employee ~~ under section ~o or, as the case may be, under section 11, shall be =: calculated as if his salary or wage were seven hundred and ftfty employeee s rupees per mensem 13 where ~ employee has not worked for all the working days plopordaa-in any accountmg year, the mnount of bonus to which he shall be~:j: of entitled under section 10 or, as the case may be under section 11 boa1ll ill shall be proportionately reduced ' , = 10 14 in computing for the purposes of sections 10, il and 13 the computldcna number ~days on which an employees has worked in' an establish- 0ee d~~ t ' 0 ~~ men in any accountmg year, the days on whichcia, of 1946 15 of 1947 (a) he has been laid oft under an agreement or as permitted by standing orders under the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment· , (b) he has been on leave with salary or wage; 20 (c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (d) tn, employee has been 011 maternity leave with salary or wage, during the accounting year shall be included 15 (1) where for any accounting year the allocable surplus exceeds· set 0; -rs 25 the amount of maximum bonus payable to the employees in the ~b': establishment under section 11, then, the excess shall, subject to a lurplul limit of twenty per cent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting ye1u' and 80 30 on up to and inclusive of the fourth accounting year to be uwised for the purpose of payment of bonus in the manner illustrated in the fourth s'chedule (2) where for any accounting year, there is no available s1,;rplus or the allocable surplus in respect of that year fells short of the 3s amount of minimum bonus payable to the employees in the establishment under section 10, and there is no amount or sufficient amount carried forward and set on under sub-section (1) which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be 40 carried forward for being set off in the succeeding ~(!counting year and 10 on u" to ~ i ana mc uslve of the fourth accounting year in the manner jllu'st11ded in the fourth schedule (3) the principle of set on and set off as illustrated in the fourth schedule shall apply to all other cases not covered by sub-section (1) or sub-section (2) for the purpose of payment of bonus under this s act (4) where in any accounting year any amount has been carried forward and set on or set off under this section, then in calculating bonus for the succeeding accountin~ year, the amount of set on or set off carried f<>r~ard from the earliest accounting year shall first 10 ·be taken into account 16 (1) where an establishment is newly set up whether before or after the comme'ilcement of this act, the employees of such establishment shall be entitled to be paid bonus under this act only-spedal ~ =~e:c' atabliahmenll (a) from the accounting year in which the employer derives is profit from such establishment; or (b) from the i)ixth accounting year followin~ the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, 20 whichever is earlier: provided that in the case of any such establishment the employees thereof shall not, save as otherwise provided in section 33, be entitled to be paid bonus under this act in respect of any accounting year prior to the accounting year comme'ncing on any day in the year 2s 1964 explanation i-for the purpose of this section, an establishment shall not be deemed to be newly set up merely by reason of a change in its location, management, name or ownership explanation n-for the purpose of clause (a), an employer shall 30 not be deemed to tmve derived profit in any accountin2 year unless-(a) he has made provision for that year's depreciation to which he is entitled under the income-tax act or, as the case may be, under the agricultural income-tax law; and (b) the arrears of such depreciation and losses incurred by 3s him in respect of the establishment for the previous accounting years have been fully set off against his profits explanation i1i-for the purpose of clause (b), sale of the goods produced or manufactured during the course of the trial run of ady factory or of the prospecting stage of any mine or an oil-field shall not be taken into consideration and where any question arises with regard to such production or manufacture, the decision of the appro- _ priate government, made after giving the parties a reasonable oppor-5 tunity of representing the case, shall be final and shall not be called in question by any court or other authority (2) the provisions of sub-section (1) shall, so far as may be, apply to new departments or undertakings or branches set up by existing establishments: 10 provided that if an employer in relation to an existing establishment consisting of different departments or undertakings or branches (whether or not in the same industry) set up at difterent periods has, before the 29th may, 1965, been paying bonus to the employees j of 1965· of all such departments or undertakings or branches irrespective is of the date on which such departments or undertakings or branches were set up, on the basis of the consolidated profits computed in respect of all such departments or undertakings or branches, then, such employer shall be liable to pay bonus in accordance with the provisions of this act to the employees of all such de·partments or 20 undertakings or branches (whether set up before qr after that date) on the basis of the consolidated profits· computed as aforesaid 1'7 where in any accounting year-(a) an employer has paid any puja bonus or other customary ~d=:, 25 bonus to an employee; or ~n~terim (b) an employer has paid a part of the bonus payable under abopidit nus paythis act to an employee before the date on which such able under bonus becomes payable, the act then, the employer shall be entitled to deduct the amount of bonus 30 so paid4rom the amount of \wnus payable by him to the employee under this act in respegt of that accounting year and the employee shall be entitled to receive only the balance 18 where in any accounting year, an employee is found guilty of ~= misconduct causing financial loss to the employer, then, it shall be amounta 35 lawful for the employer to deduct the amount of loss from the =,toaui amount of bonus payable by him to the employee· under this act under ihe in respect of that accounting year only and the employee shall be act entitled to receive the balance, if any 1 ime-limit 19 all amounts payable to an employee by way of bonus' under !,ir :::=~nt this act shall be paid in cash by his employer-(a) where there is a dispute regarding payment of bonus pending before any authority under section 22, within a month of the settlement or award 'in respect of such dispute; 5 (b) in any other case, within a period of eight months from the close of the accounting year: provided that the appropriate government or such authority ,as the appropriate government may specify in this behalf may, upon an application made to ir'-'bythe employer and for suflici8llt reasons, 10 by order, extend the said period of eight months to such further period or periods as it thinks fit; so, however, that the total period so extended shall not in any case exceed two years applicati\ln 20 (1) if in any accounting year an establishment in public secof act to establish- tor sells any goods produced or manufactured by it or renders any is menta in services, in competition with an establishment in private sector, and public sector in the income' from such sale or services or both is not less than twenty certain per cent of the gross income of the establishment in public sector cases for that year, then, the provisions of this act shall apply in relation to such establishment in puillic sector as they apply in relation to a 20 like establishme,nt in private sector (2) an establishment in public s'ector to which this act applies shall continue to be governed by this act notwithstanding that in any subsequent accounting year its income from the sale of goods produced or manufactured by it or from services ren- :zs' dered or from both, in competition with an establishm€11t in private sector, falls below twenty per cent of its gross income for that accounting ~ear recovery c:f boaui dllf' from an employer 21 where any money is du~ to an employee by way d bonus from his employer under a settlement or an agreement or award, the 30 emplbyee himself or any dther person authorised by him in writing in this be'half, or in the case of the death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recov£'ry of the money due to him, and if the appropriate 35 government or such authority as the appropriate government may specify in this behalf is satisfied that any' money is so 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: provided that every such application shall be made within one year from the date on which the money became due to the employee from the employer: 0_ _ _ " provided further that any such application may be entertained 5 after the expiry of the said period of one year, if the appropriate government is satisfied that the applicant had sufficient cause for not making the application within the said period expzanation-in this section and in sections 22, 23, 24 and 25, "employee" includes a person who is entitled to the payment of bonus 10 under this act but who is no longer in employment 22 where any dispute arises between an employer and his reference i h of dillputn emp oyees wit respect to the bonus payable under this act or with under the respect to the application of this act to an establishment in public act sector, then, such dispute shall be deemed to be an industrial dis-14 ac 1947 15 pute within the meaning of the industrial disputes act, 1947, or of any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of that act or, as the case may be, such law, shall, save as otherwise expressly provided, apply accordingly 14 of 1947 i of 1956 20 23 (1) where, during the course of proceedings before any arbi- preumpdoll trator or tribunal under the industrial disputes act, 1947, or under :~t :raany corresponding law relating to investigation and settlement of ~~~~ industrial disputes in force in a state (hereinafter in this section f:'1t ad and in sections 24 and 25 referred to as the "said authority") to which of~=t 25 any dispute of the nature specified in section 22 has tionl __ ~ been referred, the balance-sheet and the profit and loss account of an comp~ employer, being a corporation or a company (other than a banking company), duly audit€d by the comptroller and auditor-general of india or by auditors duly qualified to act as auditors of companies 30 under sub-section (1) of section 226 of the companies act, 1956, are produced before it, then, the said authority may presume the statements and particulars contained m such balance-sheet and profit and loss account to be accurate and it shall not be necessary for the corporation or the company to prove the accuracy of such statements 35 and particulars by the filing of an aftldavit or by any other mode: provided that where the said authority is satisfied that the statements and particulars contained in the balance-sheet or the proftt and loss account of the corporation or the company are not accurate, it may take such steps as it thinks necessary to find out the accuracy 40 of such-statements and partioulars (2) when an application is made to the -said authority by any trade union being a party to the dispute or where there is no trade union, by the employees being a party to the _ dispute, requiring any clarification relating to any item in the balance-sheet or the profit and loss account, it may, after satisfying s itself that such clarification is necessary, by order, direct the corporation or, as the case may be, the company, to furnish to the trade union or the employees such clarification within such time as may be specified in the direction and the corporation or, as the case may be, the company, shall comply with such direction 10 audited accounts of bankinl compames not to be questioned 24 (1) where any dispute of li'"':rthe nature specified in section 22 between an employer, being a banking company, and its employees has been referred to the said authority under that section and during the course of proceedings the accounts of the banking company duly audited are produced before it, the said authority is shall not permit any trade union or employees to question the correctness of such accounts, but the trade union or the employees may be permitted to obtain from the banking company such information as is necessary for verifying the amount of bonus due under this act 20 (2) nothing contained in sub-section (1) shall enable the trade union or the employees to obtain any informition which the banking company is not compelled to furnish under the provisions of section 34a of the banking companies act, 1949 10 of i,, audit of 25 (1) where any dispute of the nature specified in 25 accounts of section 22 between an employer, not being a corporation or a company, ~~p~;, and his employees has been referred to the said authority under that corporations section and the accounts of such employer audited by any auditor or campania duly qualified to act as auditor of companies under sub-section (1) of section 226 of the companies act, 1956, are produced before the 30 i of 19" said authority, the provisions of section 23, shall, so far as may be, apply to the accountsoso audited ' (2) when the said authority finds that the accounts of such employer have not been audited by any such auditor and it is of opinion that an audit of the accounts of such employer is necessary 35 for deciding the question referred to it, then, it may, by order, direct the employer to get his accounts audited within such time as may be specified in the direction or within such further time as it may allow by such auditor or auditors as it thinks fit and thereupon the ~101er sh~l comply with such direction (3) where an employer fails to--get the accounts audited under sub-section (2) the said authority may, without prejudice to the provisions of section 28, get the ac~~~ts audited by such auditor or auditors as it thinks ftt s (4) when the accounts are audited under sub-section (2) or subsection (3) the provisions of section 23 shau, so far as may be, apply to the accounts so audited (5) the expenses of, and incidental to, any audit under sub-section (3) (including the remuneration of the auditor or auditors) shall be 10 determined by the said authority (which determination shall be final) and paid by the employer and iltitefault of such payment shall be recoverable from the employer in the manner provided in section 21 26 every employer shall prepare and maintain such registers, main~ records and other documents in such form and in such manner as ~co~!~~: i s may be prescribed 27 (1) the appropriate government may, by notification in the lnapecton official gazette, appoint such persons as it thinks fit to be inspectors "or the purposes of this act and may define the limits whhin which they shall exercise jurisdiction 20 (2) an inspector appointed under sub-section (1) may, for the purpose of ascertaining whether any of the provisions of this act has been complied with-2s 30 3,5 (a) require an employer to furnish such information as he may consider necessary; (b) at any reasonable time and with such assistance, if any, as he thinks fit, enter any establishment or any premises connected therewith and require anyone found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of salary or wage or bonus in the establishment; (c) examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the inspector has reasonable cause to believe to be or to have been an employee in the establishment; (d) make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment: (e) exercise such other powers as may be prescribed (3) evely idspector shall be deemed to be--a pubue servant within the meaning of the indian penal code (4) any person required to produce any accounts, book, register or other docwnent or to give information by an inspector under sub-section (1) shall be legally bound to do so (5) nothing contained in this section shall enable an inspector to require a banking company to furnish or disclose any statement or information or to produce, or give inspection of, any of its books of account or other documents, which a banking company cannot be compelled to furnish, disclose, produce q~ ~:ve inspection of, under 10 the provisions of section 34a of the banking companies act, 1949 10 of 1'4' 28 if any person-"dllly (4) contravenes any of the provisions of this act or any rule made thereunder; or (b) to whom a directiun is given or a requisition is made is under this act fails to comply with the direction or requisition, he shall be punishabl~ with imprisonment for a term which may extend 10 six months, or with fine which may extend to one thousand rupees, or with both ao i offedces by companies 29 (1) if the person committing an off~!nce under this act is a company every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the compdny, shall be deemed to be guilty of the offence and shall be liable to be proceeded as aaainst and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diliience to prevent the commissioa of such offence ,0 (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 conse~t or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, iuch 3$ director, manager, secretary or other officer shall also be deemed to be guilty of that offence end shall be liable to be proceeded against and punished accordingly e~lanation-for the purposes of this seetion,-(a) "company" means any body corporate and finn or other association of individuals; and ineludel a (b) "director", in relation to a finn, means a partner in the ftnn 30 (1) no court shall take co~izance of any offence ijunishable cosn'uace d th· a of g«cacea un er is ct save on complaint made by or under the authority of the appropriate government (2) no court inferior to that of a presidency magi!;trate or a magis-10 trrte of the first class shall try any ~e punishable under thi act i ·~'---r--l 31 no suit, prosecution or other le~al proceeding shall lie against protectioa the government or any officer of the government for anythfnl{ which of ictioa is in good faith done or intended to be done in pursuance of this :: ~d' is act or any rule made thereunder 32 n athing in this act shall apply to-act not to (i) employees employed by any insurer carryin,rz cn general :~a to insurance business and the employees employed by the life ciuicl of insurance corporation of india; employeea 20 44 01 19s8 (ii) seamen as defined in clause (42) of section 3 of the mer· chant shipping act, 1958: 9 or 1941 (iii) employees registered or listed under any scheme made under the dock workers (regulation 01 employment) act, 1948, and employed by registered or listed employers; __ (tv) employees employed by an establishment engaged in any industry carried on by or under the authority nf any department of the central government or a state government or a loeal authority; (v) employees employed by-30 (a) the' indian red cross society or any other institution of a like nature (including its branches); (b) universities and other educational institutions; (e) institutions (inc1udin~ hospitals, chambers of commerce and social welfare institutions) pstablished not for 35 purposes of profit; (vi) employe~s emplo;ved throu~h contractors on building eperattodr (vii) employees-(a) who have e'ntered before the 29th may, 1965, into any agreement_ gr settlement with their employers for pay-3 of 1~6s ment of an annual bonus linked with production or productivity in lieu of bonus based on profits; or s (b) who hove (·ntered or may enter after that date into any agreement or settlement with their employers for payment of such annual bonus in lieu of the bonus payable under this act for the period for which such agreement or settlement is in 10 operation; (viii) employees employed by the reserve bank of india' (i,x) employees employed by-' (a) the industrial finance corporation of india: (b) any financial corporation established under section is 3, or ally joint financial corpo:ation established under section 3a, of the state financial corporations act, 1951; 63 of 19,51 20 ee) the deposit insurance corporation; (d) the agricultural refinance corporation: (e) the unit trust of india; and (f) the industrial development bank of india; (x) employees employed by any establishment in public sector, save as otherwise provided in this act to to 33 where·, immediately before the 2nd september, 1964, any industrial dispute regarding payment of bonus relating to any 25 accounting year, not be~ng an accounting year earlier than the accounting year ending on any day in the year 1962, was pending be{ore "yj:dent of th~ appropriate government or before any tribunal or other authority under the industrial disputes act, 1947, or under any correos-j4 of 1947 ponding law relating to investigation and settlement of industrial 30 disputes in a state, then, the bonus shall be payable in accordance with the' provisions of this act in relation to tb,eaccounting year to which the dispute relate; and any subsequent accounting year, notwithstanding that in respect of that subsequent accounting year no such dispute was pending 35 explanation-a dispute shall be de-emed to be pending before the appropriate government where no decision of that government on any application made to it under the said act or such corresponding law for reference of that dispute to adjudication has been made or where having received the report of the conciliation officer (by 40 whatever designation known) under the said act or law, the appropriate government has not passed any order refusing to make such reference 34 (1) save "as-otherwiseprovided in this section, the provisions etteet 01 of this act shall have effe-ct notwithstanding anything inconsistent law, and s the~ewith contained in any other law for the time being in force ~!~-:-in or in the terms of any award, agreement, settlement or contract of conlisservice made before the 29th may, 1965 tent with (2) if in resped of any accounting year the total bonus payable to all the emp~oyees in any establishment under this act is less 10 than the total bonus paid or payable to all the employees in that establishment in respe-ct of the base year undejl lmy award, agree--ment, settlement or contract of service, then, the employees in the establishment shall be paid bonus in respect of that accounting year as if the allocable surplus for that accounting' ye-ar were an amount 15 which bears the same ratio to the gross profits of the said accounting year as the total bonus paid or payable in respect of the base year bears to the gross profits of the base year: provided that nothing contained in this sub-section shall entitle any employee- to be paid bonus exceeding twenty per cent of his 20 salary or wage for the accounting year: provided further that if in any accounting year the allocable surplus computed as aforesaid exceeds the amount of'maximum bonus payable to the- employees in the establishment under the first proviso, then, the provisions of section 15 shall, so far as may be, apply 25 to such excess explanation i-for the purpose of this sub-section, the total bonus in respect of any accounting year shall be deemed to be less than the total bonus paid or payable in respect of the base year if the ratio of bonus payable in respect of the accounting year to the 30 gross profits of that year is less than the ratio of bonus paid or payable in respect of the base year to the gross profits of that year e:p1411ation ii-in thi~ sub-seetion,-(a) "base ye-ar" means--35 \4 of 1947 40 (i) in a case where immediately before the 2nd september, 1964, any dispute of the nature specified in section 33 was pending before the appropriate government ~r before any tribunal or other authority under the industrlal disputes act 1947, or under any corresponding law relating to investigation ~d settlement of industrial disputes in a state, the accounting year immediately preceding the accounting year to which the dispute relates; (ii) in any other case, the period of twelve montha immediately preceding the accounting year in which this act becomes applicable to the establishment , (b) "gross profits" in relation to the base year or, as the case may be, to the accounting year, means gross profits as reduced 5 by the direct taxes payable by the employer in respect of that year (3) nothing contained in this act shall be construed to preclude employees employed in any establishment or class of establishments from entering into agreement with their employer for 10 granting them an amount of bonus under a formula which is diff£~ rent from that under this act saving 35 nothing contained in this act shall be deemed to a1!ect the provisions of the coal mines provident fund and bonu3 schemes act, 1948, or of any scheme made thereunder 1546 of 198 power of exemptiod 36 if the appropriate government, having regard to the financial position and other relevant circumstances of any establishment or class of establishments, is of opinion that it will not be in public interest to apply all or any of the provisions of this act thereto, it may, by notification in the official gazette, exempt for such period ao as may be specified therein and subject to such conditions as it may think fit to impose, such establishment or class of £stablishments from all or any of the provisions of this act pawer to remove difficulties - 37 if any diftlculty or doubt arises in giving effeet to· the provisions of this act, the central government may, by order published 25 in the official gazette, make such provision, not inconsistent with the purposes of this act as appears to it to be necessary or expedient for the removal of the difficulty or doubt; and the order of the central government, in such cases, shall be flnal p 38 (1) the central government may make rules for the purposes 30 ,= : of carrying into effect the provisions of this act f (2) in particular, and without prejudice to the generality of lhf' oregoldg power, such rules may provide for-(ai the authority for granting permission under the provl8o to sub-clause (iii) 01 clause (1) of section 2; , (b) the preparation of registers, records and other documents and the form and manner in which such registers, records and documents may be maintained under section 26; (c) the powers which may be exercised ~&l inspector under clause (e) of sub-section (2) of section 27; (d) any other matter which is to be, or may be, prescribed io (3) every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if before the expiry 15 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 therule should not be made, the rule shall thereafter heve effect only in such modified form or be of no eftect, es the case may be; so, however, that any such modification or annul-20 ment shall be without prejudice to the validity of anything previously done under that rule 14 of 1947 39 save as otherwise expressly provided, the provisions of this arc~jod act shall be in addition to and dot in derogation of the indus- ~_ certlaa 1a _wioi trial disputes act, 1947, or any corresponding w relatmg to mves- buzed is tigation and setuement of industrial disputes in force in a state 3 of 196" '0 (1) the payment of bonus ordinance, 1965, ta hereby repeal- repeal ad edt saviai (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act as if this act had commenced on the 30 29th may, 1965 the first schedulb [s, section 4 (a)] computation op gross propmaccountiilg year mding ••••••••••• s amount of amount of remarks sub-items main items item no particulars ig rs 10 -i net profit as shown in the profit and loss account after making usual and necessary provisions 2 add back provision for : (a) bonus (b) depreciation f 5 (c) development rebate su foot-note (i) reserve (d) any other reserves s" foot-note (i) total of item no 2 ra 3 add bacia also : ao a $, foot-note (i) (a) bonus paid in l'cipect of previous account-, ina years (b) donations in excess of the amount admis-25 sible for income-tax ,----- --'-' ----------,---where the profit subject to taxation is shown in the proftt and lon account and the provision made for taxes on incom~ is shown, the actual provi,ion for tuel on income ,ball be deducted from the profit -----------__-----item particulars ~ remarks _______________ no _ amount of amount of sub-items main items rs rs $, foot-note (i) 5 jq (c) capital expenditure (other than capital expenditure on scientific research : which is allowed as a deduction under any law for the time being in force relating to direct taxes) and capital losses (other than losses on sale of capital assets on which depreciation has been allowed for income-tax) 20 (d) any amount certified by the reserve bank of india in terms of sub-section (2) of section 3¢ of the banking companies act, 1949· 10 of 1949 25 ( e) losses of, or expenditure re1stmg to, any business situated outside india total of item no·3 rs 30 - 4 add also income, pr<?fitsd or gains (if any) credlte directly to published or disclosed reserves, other than-3' (i) capital receipts -li!'d capital profits (mcluding profits· on the sale of capital -----------------item _no particulars amount of amount of remarks sub-items main items rs ri assets on which depreciation has not been allowed for income-tax) ; (ii) profits of, and receipts relating to, any business situated outside india ; (iii) income of forei~ banking companies from investments outside india | net | total | of ||--------|----------|-----------|| 4 | | || rs | | || rs | | || s | | || total | of | item nos || i, | 2, | || 3 | | || and 4 | | |6 deduct: (a) capital receipts and capital profits (other than profits on the sale of assets on which depreciation has been allowed for income-tax) (b) profits of, and receipts relating to, any business situated outside india (c) income of foreign banking companies from investments outside india (d) expenditure or losses (if any) debited directly to published or disclosed reserves, other than-(a') capital expenditure and capit~1 losses (other item ------- no particulars amount of amount of remarks sub-items main items ra ri s 10 see foot-note (3) is 20 s" foot-note (2) 2s 30 see foot-note (2) 3s than losses on sale of capital assets on which depreciation has not been allowed for income-tax) ; (ii) losses of any business situated outside india (e) in the case of foreign banking companies proportionate administrative (overhead) expenses of head office allocable to indian business (j) refund of any excess direct tax paid for previous accounting years and excess provision, if any, of previous accounting years, relating to bonus, depreciation, or development rebate, if written back (g) subsidy, if any, received from gmrernment or from any body corporate established by any law for the time being in force - , , i total of item no6 rs 40 rs 7 gross profits" for purposes"of bonus (itein no s minus item no6) poo'-""~ (1) if, and to tbe eatent, chalked to profit and loss accoudl (2) if, and to the atcnt, credited to profit and lou acicounl (3) in the proportion of indian gross profit (item nil 7) to tow world grosl projlt (is per codioudatcd profit and lou kount, dfuated is in item no3 above oo1y) the second schedule [su section 4 (b)] computation of gross profits| a | | y ||-------------------------|-------------------|----------|| ccountmg ear en mg | | || item | | || no | | || particulars | amount | || of | amount | of || sub-items | main items | || remarb | , | || rs | | || &s | | || i | | || net profit | | || as | | || per | | || profit and | | || loss | | || account | | || 2 | | || add | back | || provision for : | | || 10 | | || (a) | | || bonus | | || (b) | | || depreciation | | || is | | || (c) | | || direct taxes, includ- | | || ing | | || the provision (if | | || any) | for | previous || accounting years | | || see foot-note | | || (i) | | || (d) | | || development rebatel | | || development allow- | | || ance reserve | | || (e) | | || any | | || other reserves | | || su | | || foot-note | | || (i) | 20 | || total | of | item || no2 | | || rs | | || su | | || foot-note | | || (i) | | || 25 | | || 3 | add | back || also : | | || (a) | | || bonus paid in respect | | || of | previous account- | || ing | | || years | | || (b) | | || donations | | || in | | || excessof | | || the amount admis- | | || sible for income-tax | | || 35 | | || (c) | | || any | | || annuity due, or | | || commuted value | of | || any annuity | paid, | || under the | provisions | || of | section | || 280d | | || of | the | || income-tax act dur- | | || ing the | accounting | || year | | || ----------------------- | | || ----------------- | | |remarks item no particulars amount of amount of sub-items main items rs ri su foot-dote (i) s 10 15 (d) capital expenditure (other than capital expenditure on scientific research which is allowed as a deduction under any law for the time being in foree-··· relating to direct taxes) and capital losses (other than losses on sale of capital assets on which depreciation has been allowed for income-tax or agricultural income-tax) 20 (e) losses of, or expenditure relating to, any business situated outside india total of item no3 rs 4 add also income, profits or gains (if any) credited directly to reserves, other than--35 (i) capital receipts and capital profits (including profits on the sale of capital assets "on which depreciation has not been allowed for income-tax t' or agricultural incometax); (ii) profits of, and receipts relating lito, any ;pusiness)i~ted outside indja; item no particulars amount of amount of remarb 8ub-items main items rs rs (iii) income of foreign concerns from investments outside india net total of item;no 4 rs rs s total of item nos i, 2, 3 and 4 6 deduct: (a) capital receipts and capital profits (other than profits on the sale of assets on which depreciation has been allowed for income-tax or agricultural income-tax) (b) profits of, and receipts s •• foot-note (2) 20 relating to, any business situated outside india (e) income of foreign concerns from investments outside india (d) expenditure or losses (if any) debited directly to reserves, other than-(i) capital expenditure and capital losses (other than losses on sale of capital assets on which depreciation has not been allowed for ----- ---------------item no particulars amount of amount of remarb lub-items main items ri ri s or income-tax agricultural income-tax) ; (ii) losses of any business situated outside india ic sit foot-note (3) is (,) in the case of foreign concerns proportionate administrative (overhead) expenses of head office allocable to indian b1,lsiness s, foot-dote (2) 2s (f) refund of any direct tax paid for previous accounting years and excess provision, if any, of previous accounting years relating tf) bonus, depreciation, taxation or development rebate or developnnent allowance, if written back (g) subsidy, if any, received from governnnent or fronn any body corporate established by any law for the tiine being in force 3s total of item no6 rs 7 gross profits for purposes of bonus (item no s rs minus itclil no6) -------------------------poot·notls--(i) if, and to the extent, charged to profit and loss account () if, and to the extent, credited to profit and loss account (3} in the proportion of indian gross profit (item no7) to total world groll profit (as per con~lidated pro"t and loss ac:c:ount, adjusted ill item no 2 ,bove only) the third schedule [s" section 6 (d)]item category of employer no further sums to be deducted ----------------------------------------------(i) ----------- ----- ----------i company, other than a banking company (i) the dividends payable on its preference share capital for the accounting year calculated at th e actual rate at which such dividends are payable ; ~ q (ii) 8" per cent of its paid up equity share capital as at the com· mencement of the accounting year; (iii) 6 per cent of its reserves shown in its balance-sheet u at the i, commencement of the accounting year, including any profita carried forward from the previous accounting year : provided that where the employer 20 a foreign company within the meaning-of section s91 of the compania act, 19s6, the total amount to be lor 195'-deducted under this item shall be 8·s per cent on the aggregate of2s the value of the net fixed assets and the current assets of the company in india after deducting the amount of its current liabilitia (other than any amount shown u 30 payable by the company to ita head office whether towards any advance made by the head office or otherwise or any interest paid by the company to its head 35 office) in india banking company - (i) the dividends payable on ita preference share capital for the accounting year calculated at the rate at which such dividends are 40 payable; (ii) 7' 5 per cent of its paid np equity share capital u at the commencement of the accounting year; 4s ------__------------------ further i1ddi to be deducred(iii) s per cent of its reserves mown in its balance-sheet u at the commencement of the accountinl year, including any profits carried forward from the previous accounting year ; (n,) any sum which in respect of the ~unting year, is tradaferred by it-(a) to a reserve fund under 1ubsection (1) of section 17 of the banking companies act 1949 j or (b) to any reserves in india in pursuance of any direction or advice liven by the reserve bank of india, whichever is higher : provided that where the banking c0mpany is a foreign company within the meaning of section 591 of the companies act, 19s6, the amount to be deducted under this item ahall be the agglqate of-() the dividends payable to its preference shareholders for the accounting year at the rate at which such dividends are payable on such amount u beara the l8dle proportion to its total preference share capital u its total workinl funds in india bear to its total world workida funds ; (ia) 7·5 per cent or such amount u bears the i8ide proportion to ita total paid up equity share capital u its total workinl funds in india bear to its total wid working funds ; (iii) 5 per cent of loch ~t , bears the same proportlod to its total discloled reservei u its total working funds in india bear to ita total world workina fundi; purther iuid tg be deducted item --no ----cateaory of employer ---------(i) (itj) any sum which, in respect of the accounting year, ii deposited by s it with the reserve bank of india under sub-clause (ia1 of clause (6) of sub-se,ction (3) of ~on ii of 10 of 19, the banking companies act, 1949, not esci'ecjing the amount 10 -required under the iforesaid provision to be ic deposited ('1 8· s per cent of ki paid up capital as at the c::ommalcc'jdellt 01 is the accounting year ; (n) 6 per cent of ill reserves, it any, shown in ill balance-sheet u at the commencement of the accounting year, including any profits carried forward from the so previous accounting year • co-gperative lociety (i) 8· s per cent of the capital invested by such society in its establishment 81 evidenced £rom its boob of accounts at the commencement 25 of the accounting year ; (n) such sum 81 has been carried forward in respect of the accounting year to a reserve fund under any law relating to c:o-operative locieties 30 for the time beina in forc:e s any other employer not 8· s per cent ot the capital invested falling under any of by him in hjj establishment u the-ccorcsaid categories evidenced from hjj boob of accounll at the commencement of the 35 accounting year : ~ provided that where iuch employer ii a ', person to""-whom oulpter xxiia ' of the income-tax act appues, the annuity depolit payable by him under 40 the proviaiodl of that cbapta"ciurlda i the accountina year ihall alio be deducted : further iuidi to be deduc:te4item no catqory of employer -(i) (3) 5 10 15 provided further that where iuch employer is a firm, an amount equal to 25 per cent of the ifois profitl derived by it from the establishment in respect of the accounting year after deducting depreciation in accordance with the provisiodi of clause (a) of section 6 by way of remuneration to all the partnera taking part in the conduct ofbuainet of the establishment ihall also be deducted, but where the partnership agreement, whether oral or written, provides for the payment of remuneration to any such partner, and-(i) the total remuneration payable to all such partners is less than the laid 2s per cent, the amount payable, subject to a maximum of forty-cight thousand rupees to each such partner ; or 25 (ii) the total remuneration payable to all iuch partncl'l is higher thad the ibid 25 per cent, such percentage, or a lum calaalated at the rate of forty-cight thousand rupees to each such partncr', whichever is less, ihall be deducted under this proviso : provided also that where such apployer is an individual or a hindu undivided famlly,-3s 'i(itan~amount equal to 25 per cent of :/the gross profia derived by ~ l, employer from the establiah- ment in respect of the acc:ountina r- tear after deducting depredatioa r in accordance with the proviliodi of clause (411) of lediod 6 ; 01' (ii) lorty-cilht thouiidd rupem whichever ii lea, by way of dlwleration to iuda 1idp1oja ihalj il1o be deduded | item | no ||--------------------------------------------------------------|------------------------------|| category | || of | || employer | || further | || iwdi | || to | || be | || deducted | || (i) | (2) || (3) | || - - - | 6 || any | employer || falling | || under | || in | || addition | || to | || the | || iwdi | || deductible | || item | no || i | || or | || item | || under | || in)' | || of | || the | || aforesaid ieems, | || no3 | or || iuch iuidi u | || are | required || to | || be , | || item | no || s | || and | || being | || a | appropriated || ,y | || the | || lic:ediee | || in | || rei- | || licensee | || within | || the | || mean- | || pect | || of | || the | || ac:countina | || year | || to | || a | || ing | || of | the || electricity | || reserve | || under | the || to | || supply | act, || 1948 | || that | || act | || ahau | || also | || be | || deducted | || 54 | t6 || ----------------------------------------------------------- | || e~lanation-the | || expression "reserves" occurring | || in | || column (3) | || 10 | || against | item || 2(iii) | || and | || 3(ii) | || shall | || dot | || include | any || set | apart || t | || i) | || payment of any direct | || tax | || which, | || according | || to | || the | || balance-sheet, would | || be | || payable; | || (ii) | || meeting any depreciation admissible | || in | || accordance | || with | || i, | || the provisions of clause | || (a) | || of section | || 6; | || liii) | || payment of dividends which have been declared, | || but | || shall | || include- | || (a) | || any amount, over and above the amount referred | || to | || in | || clause | || (i) | || of | || this | || explanation, | || set apart as specific reserve for | || the | || ao | || purpose of payment of any direct tax; | || and | || (b) | || any | amount set apart for meeting || any | || depreciation | || id | || excess of the amount admissible | || in | || accordance | || with | || the | || provisions | || of clause | || (a) | || of section | || 6 | |tim fourth schedulb (su section is) in this schedule, the total amount of bonus equal to four pel' cedt ol t he annual salary or wage payable to all the employees is usumed to be lb so,ooo accordingly, the maximum bonus to which all the employes arc entitled to be paid (twenty per cent of the annual salary or wage at u 30 the employees) would be ri 2,so,ooo year amount equal -----------------------------------amount payable to sixty per as bonus cent or sixty-total set od or let off carried forward is set on or let oft' of year amolldt equal amount payable set on or total set ott to sixty per as bonus aet oft' of or set off cent or sixtythe~ar carried seven per cent, carried forward as the case may be, of forwll'd available 1ul'p1us allocable as bonus (i) (2) (3) (4) (s) ra ra rs ra of (year) 3· 2,30,000 2,so,000· nu seton (mclusive of 2,20,000 (3) is 30,000 from year-2) 4-- 3,75,000 2,50,000 seton set on 1,25,000 2,20,000 (2~ ~1,2s,ooo (4 s· 1,000 - - nil seton 2,so,000 (inclusive of 1,10,000 1,10,000 ~~ 30 from year·2) i,2s,ooo 6' 3,10,000 2,5°,000 seton seton 6opoo nilt (2) i,2s,ooo ~:~ l60,ooo :as 7·j l,ce,ooo - - nil seton (6) 2,so,000 (inclusive of ll5ooo i,2s,ooo from year- and 25,000 from year-6) 30 8 nil so,ooo set off sct off (due to loss) (injusivc of 3s,000 is,ooo t i 5,000 (8) from year-6) 9j 10,000 ,so,ooo" set off set off 40000 _isooo ~~ ~,ooo is 10 2,15,000 1,60,000 nil nil (after settldg oft' is,ooo from year-8 and 40,000 from ye&1'-9) notbs-·maximum ttbe balance of ri 1,10,000 act on from yeal'-3 japeel ··minimum statement of objects and reasonsa tripartite commission was set up by the govemment of india by their resolution no wb-20 (9) /61 dated the 8th december, 1961, to consider, in a comprehensive manner, the question of payment of bonus based on profits to employees employed in establishments and to make recommendations to the government the commission's report, containing their recommendations, was received by the government on the 24th january, 1964 in their resolution nci wb-20(3) /64 dated the 2nd september, 1964, the government announced acceptance of the commission's recommendations subject to a few modiftcations as were mentioned therein with view to implement the recommendations of the commission as accepted iby the government, the payment of bonus ordinance, 1005, was promulgated on 29th may, 1965 the object of the bill fa to replace the said ordinance the notes on clauses explain the various provisions of the bill d sanjivayya new delhi; the 5th august, 19g5 claute 1-sub-claue (2): the subject-matter of the proposed legislation is relatable to entry 24 in the concwtent list this entry, in so far as it relates to the state of jammu and kashmir is , applicable only with respect to labour employed in the coal-mining industry even with regard to coal-mining industry, if it is carried on by a company, the application of the proposed legislation will raise d11bculties as the companies act, 1956, applies to the state of jammu and kashmir only to the extent to which the provisions of that act relate to the incorporation, regulation and winding up of banking, insurance and financial corporations for this reason, the act does not extend to the state of jammu and kashmir sub-clauses (3) and (4) -the provisions of the aet appjy from the accounting year commencing on any day in the year, 19m, to' every factory; and to every other establishment in which twenty or more persons are employed on any day during an accounting year sub-clcruse (5) -provision has been made in the sub-clause to the e1!ect that an estabhshment to which the act appues shan continue to be governed by the act even if the number of persons employed therein falls below twenty, subsequently ' cl4uae 2-the definition of 'allocable surplus' in sub-clause (4) is based on the recommendation of the bonus commission made in paragraphs 9· 9 and 12· 1 of its report the definition of 'employee' in sub-clause (13) is based on the definition of 'workman' in the industrial disputes act, 1947, except that apprentices have been excluded in accordance with the reeommendation of the commission contained in paragraph 12· 7 of it! report, all persons drawing a salary or wage up to rs 1,800 per menaem will come within the !cop~ of the deftnitiod of 'employee' the term 'salary or wa~' hit! been deftned in su~lause (z1) keeping in view the recommendation made by the commission in paragraph u'-4 of its report that bonus should be related to wages and dearness allowance taken togeth~r and that all other allowanees such as ~ver-time wages and ineentive, produetion and attendance bonus including attendanee bonus under ~tatutory !jonus schemes should be excluded clatim s-the clause provide! for the payment ef bojlu8 unitwiae in certain eues instead of e5tablfahment-wbe the elause is ,, based on the recommendationmade by the commjutod in parap'lph 8'12 of its report czauae 4-the manner in which gross proftta derived by ad employer from an establishment may be ealculated has been indicated in the clause clause 6-the clause provides for deductions of certain 81ldw from the gross profits as prior charges for the purpose of computing the available surplus the sums so deductible are-(l) any amount by way of depreciation admissible under the income4ax law (tnde paragraphs 9: 2 and g 3 of the report of the commission); (2) any development rebate or development allowance which the employer is entitled to deduct from his income under the wome-tax act; (3) all direct taxes; and (4) the sums specified in the third schedule in respect of the various categories of employers mentioned therein clauae 7-the clause explains how the amount of direct tax payable by the employer shall be calculated the provisions proposed in sub-clauses (a) to (d) are based on the recommendation of the commission made in paragraph 9' 5, 9- 6, g 11 and 17· 20 of its report under sub-clause (e), any reb"ate, credit, relief, ete allowed for the development of an industry shall not be takeh into account in the calculation of the direct tax payable by the employer thjs provision is intended to promote the development of industries clause b-under the clause, an employee should have worked in the establishment at least for thirty working days in an accounting year to be entitled to be paid bonus this provision is based on the recommendation of the commis~ion made in paragraph 19'14 of its report clatj!e 9-the clause provides that an employee who has heed dismissed from service for fraud, riotous or violent behaviour, theft, etc, shall not be entitled to receive bonus from the employer the clause is based on the recommendation of the commiasion made in paragraph 11' 18 of its report clatj!e& 10 and l1-tmse clauses provide for the paymejlt et a minimum and maximum bonus by the employer to his employees every employee who has worked in the establishment for au the working days in an accounting year shan be entitied to be paid bonus which shall not be 1~ than four per cent of his ajulual salary or wage or ~ 40 whichever is higher, or more than 20 per eent of his annual salary or wage in the case of an employee under 15 years of a,e, the minimum bonus payable will be four ~er cent of ~ annual saiary or wage or rs 25 whichever is higher these provisions are based on the recommendation of the commission made in paragraph 125 of its report clause 12-1n the case of an employee drawing more than rs 750 but less than rs 1,600 per mensem, as his salary or wage, the bonus (whether minimwn or maximum) payable to him, shall be calculated as if his salary or wage were rs 750 per mensem the clause is based on the recommendation of the commission made ill paragraph 127 of its report clause 13-the clause provides for a proportionate reduction of bonus in cases where an employee has not worked for all the working days in an accounting year a recommendation to this effect is contained in paragraph 125 of the report of the commission clause 14-the clause provides for the computation of the number of working days for the pu:rpose of calculating the minimum and maximum bonus payuhle to an employee the clause is based on the recommendation of the commission made in paragraph 12' ~ of its report and also on the provisions already existin, in the lndust-!'ial disputes act, 1947 -, clause 15-in certain accounting years, some amount may be left in the allocable surplus after the payment of maxiwum bonua to all the employees to meet ,uch cases, a provision for set on has been made in sub-clause (1) similarly, in certain accounting years, there may not be any allocable surplus at all or the auocable surplus may not be sufficient to pay the minimum bonus to all the employees to meet such contingencies, a provision for set off has been made in sub-clause (2) the amounts set on or set off have to be carried forward in the manner illustrated in the fourth schedule sub-clause (4) provides that where in any accounting year any amount has been carried forward and set on or set off, then, in calculating bonus for the succeeding accounting year, the amount of set on or set oft brought forward from the earliest accoudtidi year shall first be taken into account the provisions relating to set on and set off are based on the recommendation of the commission made in paragraph 1213 of its report clauae 16--sub-clauae (1) of the clause provides for conceu1onal treatment to newly set up establishments in matters relating to payment of bonus in the case of dewly set up establishments bonus is payable only from the accounting year in which the em~ ployer derives profits from the establishment or from the sixth accounting year ifollowing the accounting year in which the employ~ sells the goods produced or manufactured by him or renders sel'vlces, as the case may be, from the establishment whichever is li - ear ere sub-clause (2) makes the provision of sub-clause (1) applicable to new de'partments or undertakings set up by existing establishments the clause seeks to give effect to the recommendation of the commission made in paragraph 12; 9 of its report clause 17-in paragraph 12,4 of its report, the commission recommended that puja bonus and other customary bonus, if paid, should be considered as bonus paid 'on account' and deducted from the amount finally payable as bonus the clause is based on this recommendation provision has also been made in the clause for adjustment of any interim bonus paid in advance clause lb-the clause provides that-where in any accounting year an employee is found guilty of misconduct causing financial loss to the employer, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee a recommendation to this effect has been made by the commission in paragraph 1917 of its report clause 19-the clause provides for the payment of bonus in cash and the time-limit for such payment in cases where there is a dispute regarding payment of bonus, the bonus has to be paid within a month of the settlement or award in respect of such dispute in other cases, bonus has to be paid within a period of eight months from the_close of the accountidg year power has been taken to extend, for sufficient reasons, the aforesaid period of eight months the clause generally follows the recommendation of the commission made in paragraph 1920 of its report clause 20,-the clause provides for the application of the bonus formula to those public sector undertakings -which fulfu the 20 per cent compe,tition test in accordance with th~ recommendation contained in paragraph 188 of the commission i report it hal also been provided that once the bonus fotlilula fa appued to such estab-1ishments~ it shall continue to apply even if the 20 per cent competition test is notsatisfled in any accounting year clause 21-the clause provides for the recovery from an employ:x- of the amount, due to an employee by way of bonus the provision is on the lines of section 33c of the industrial disputes act, 1947 clause 22-the clause provides that any dispute regarding the bonus payable under the act or with regard to the application of the act to an establishment in public sector shall be deemed td be an industrial dispute within the meaning of the industrial disput~ act, 1947, or of any corresponding state law and the provisions of the industrial disputes act, 1947, or that state law shan a·pply to such dispute clause 23-the clause provides, in accordance with the recommendations made in paragraphs 196 and 197 of the commission's report, that if audited balance sheets and profit and loss accounts of any corporation or company (other than a banking company) are produced in the course of proceedings before any authority to whom a dispute has been referred, that authority may presume the statements and particulars contained in such balance-sheet and profit and loss account to· be accurate howev&l', where that authority is satisfied that the particulars aforesaid are not correct, it may take necessary steps to find out the accuracy of such statements or particulars the authority may also, if it thinks necessary, require the corporation or the company to furnish to the union or the employees any clarification required by the union or the employees relating to any item in the balance-sheet or the profit and loss account clause 24-this clause is intended to give effect to the recommendations made in paragraph 1910 of the commission's report, namely that a:udited accounts of banking companies should not be questioned, ·but trade unions or employees may be permitted to obtain information for verifying the amount of bonus clause 25-this clause provides for the audit of accounts of ad employer not being a corporation or a company where the accounts 'of such an employer duly audited by qualified auditol'l are produced before any authority to whom a dispute has been referred, that authority shan presume the particulars con tamed in such accounts to be accurate in cases where the accounts produced are not audited by qualified auditors, that authority has beed given power to direct the employer to~et the accounts audited by qua~ed auditors or to get the accounts audited by such auditors _~~ it thm~s fit a recommendation to this effect is contained in paragraph 19' 8 of the commission's report clause 26-the clause provides for the maintenance of registers, records, etc by the employer clause 27-:rhe clause provides for the appointment of inspectors and the powers exercisable by inspectors clause 28-the clause provides for penalty for contravention of any of the provisions of the act otjhel rules made thereunder or for non-compliance with any direction or requisition made under the act clause 32-the clause makes the act inapplicable to the classes of employees specified in sub-clauses (i) to (x) the clause is based on the recommendations of the commission contained in paragraphs 4' 6; 15' 20; 17' 9; 17'16; 17'19 and 17' 22 of its report institutions like the reserve bank of india, industrial finance corporation, etc have also been specifically excluded from the scope of the act clause 33-the clause makes the wovlslons of the act applicable to certain pending disputes relating to bonus with respect to any accq1,ulting year ending on any day in the year 1962 and subsequent accounting years such disputes shall be decided in accordance with the provisions of the act clause 34-ln certain establishments, the employees are getting bonus under an award, agreement, settlement or contract of service which would be higher than that payable under the act the clause seeks to safeguard the interest of such employees by providing that they would get bonus either on the existing basis or on the basis of the formula provided in the act, whichever is higher provision has also been made in the clause enabling the employer and the employees to enter into an agreement with regard to the payment of bonus under a formula whi~h is different from that under the act clause 36-the clause empowers the appropriate government to exempt for a specified period any esta~!ishment a! ~lass of establishments froin all or any of the provl~ions of the act, if, having rellard to the financial position and ot~er relevant circumstancp~ of the establishment or class of establishments, the appropriate gov ernment is satisfied that such exemption is necessary in pubuc interest the first schedule and the second schedule-the first schedule provides for the manner in which the gross profits of an employer, being a banking company, shall be calculated and the second schedule provides for the manner in which the gross profits of any other employer shall be calculated these schedules generally follow the proforma suggested by the commission in paragraph 810 of its report the third schedule-this idledule has reference to sub-claule (d) of clause 6 the sums deductible as prior charges· under the schedule are generally on the lines suggested by the commission with respect to the various categories of employers (vide paragraphs 11: 7; 11: 8; 11'13; 11'17; 11'18; 15'11 and 17'5 of the report of the commission) the fourth schedule-this schedule follows the illustration given by the commission in paragraph 1213 of its report under clause 22 of the bill, any pispute arising between an employer and his employees with respect to the payment of bonuj under the act or with respect to the application of the act to an establishment in public sector shall be deemed to be an industrial dispute and the provisions of the industrial disputes act, 1947, or of any corresponding law relating to investigation and settlement of industrial disputes in force in a state shall apply to such dispute clause 27 of the bill provides for thegppointment of inspectors the \ work connected with the handling of disputes and inspectiolll, in so far as it relates to establishments in respect of which the central government is the appropriate government, is proposed to be entrusted to the industrial tribunals already set up under the industrial disputes act, 1947, and the existing staff of chief labour commissioners' organisation it is difficult at present to assess precisely the additional work-load that may be involved the position wui be reviewed in the light of the actual working of the act when a more realistic idea of the additional work-load would be avallable the bill is not likely to involve any appreciable additional expenditure in the near future memorandum regarding delegated legislationclause 38 of the bill empowers the central government to make rules for carrying into e1fect the provisions of the act the matten in respect of which such rules may be made are specified in that clause they, inter alia, relate to the authority for granting permission for changing the accounting year; the preparation and maintenance of registers: records and other documents; and the powers of inspectors these are matt~~~ administrative procedure and detail the del~gation of legislative power is thus of a normal character a bill to provide for the payment of bonus to pc:r;;o:l1 employed in certain establishments and for mrtters connected therewith (shri d sanjifjayya, minister of labour & employment) | Parliament_bills | 137c6a75-1dee-5f3e-96a5-c2e113242fb7 |
''" the assam municipal (manipur amendment) bill, 1961(to be introduced in lox sabha) bur ro 3' of 1"1 the assam municipal (manipur ambndmbmt) bill, 1961 (to be introduced in lok 8abha~a bill further ~ amftd the as-sam municipal act, 19s6 as in fo'rce in- the union territcwy of mantpur be it enacted by parliament in the twelfth year of the republic c)f ii\<fia as follbws:-1 (1) this act may be called the assam municipal ~manipur shore tid amendment) act, 1961 :: com-s (2) it shall come into force on such date as the chief commfj sioner, manipur may, by notification in the official gazette, appoint aiiiid n:t xv of 15157 10 43 of 15150 z in the assam munieipal act, 1956 as in torce in the union terri- ~idi<jd tory of madipllr (hereinafter referred to as the prinrlpal act), for == -for ' settion 14 the following section shall be' substituted, narn:e!y:-_:~~ '14 (1) the persons entitled to \tote at elections of commis- e1tfctc1n'lars: sioners shall be the persons registered, by virtue of the provi- e1umnlt mons of the constitution and the representation of the people ro •• act, 1950, as voters at elections to the house of the people (2) so mtteh of tire electoral roll for any parliamentary ~ for tire time befng in fbr:ce as relates to the areas is eompri~ within a ward-shall be deemed to be the electoral roll 1d:" , l')j '," ; (," tl't~ purposes of this act; -e:rpio~id sub-sectioll (2), the expression "partia-~ent~ constituen~y" has the mewnl 881igbed to it under the repreaentation of the people ad, 1950' 43 of 15150 20 ameadmcdt 3 in section 15 of the principal act, for clause (i), the followof eection is· ing clause shall be substituted, namely:- (i) is not reeistered as an elector in the electoral roll for a ward, or" " after section 15 of the principal act, the following section shan s be inserted, namely:-ldhrtioo of ·newuctiod j5a, rilbtto vote "15a (1) every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a commissioner from that ward (2) in every ward an elector shall have as many votes as 10 there are commissioners to be elected from that ward but no elector shall at any election give more than one vote to anyone candidate" 5 in section 16 of the principal act,-ameadmcdt ofeecdon j6 (1) for the words "by an unsuccessful candidate or person 15 qualified to vote at the election to which such question refers, such person", the words "by any candidate at such election or by any elector of the ward concerned, such candidate or such elector, as the case may be," shall be substituted; (2) in the second proviso, for the word "qualified" in both 20 the places where it occurs, the word "entitled" shall be substituted 6 after section 26 of the principal act, the following section shall be inserted, namely:-"26a notwithstanding anything in this act or in any noti-::a~ fication, rule or order issued or made thereunder,-1dicrtloo of dew acctlon :mia tladlitioual provisions !orecamisslonera' of and pderal election to, impbal' munjcipa1 _---a ,j - (a) the commissioners of the imphal municipal board holding office immediately before the commencement of the assam municipal (manipur amendment) act, 1961 shall cease to hold office on and from such date as the chief com- 30 missioner may by notification in the manipur gazette specify; (b) the general election of commissioners of that board to be held for the first time after such commencement shall be held and completed before such date as the chief com- 35 missioner may by a like notification specify" amendment· 7~ in section 301 of the principal act, in sub-section (2) ,-olmction 3oj - (a) in clause (i), the words "the quallftcations and disquallllcations and registration of voters," shall be omitted; (b) after clause (i), the following clause shall be inserted, namely:- (ia) provide for the manner of the splitting up of electoral rolls for parliamentary constituencies into parts s for the purpose of constituting one or more of such parts into the electoral roll for a ward, and the appointment of the officer or authority by whom such splitting up is to be carried out;" statement of objects and blijasonsthe recommendiation of the imphal municipal board for the inuo6let!m ,of adult suftrage in municipal elections in manipur was proved :by the advisory committee for ittampur in its ·meeting held on the loth february, 1961 on examination the recommendation appears worth acceptance to give effect to this recommendation, it is necessary to amend suitably section 14 of the assam municipal act, 1956, as extended to manipur the term of office of the existing commissioners of the imphal municipal board will continue up to the 31st march, 1962 in order, however, to avoid simultaneous holding of municipal elections and the next general elections to parliament, it is proposed to confer powers upon the chief commi3sioner to curtail, if necessary, the term of office of the existing commissioners hence this bill " , new dmm; the 30th june, 1981 d p karmarkar annexure extbac1's projii th! assam municipal act, 1956 (assam act xv of 1957)- - - - - - chapter iii constitution of municipal boards14 every person of the full age of twenty-one years, being a ~ualiic:t:ods citizen of india, who has been for a period of not less tlmn twelve 0 9otcra months immediately before the 1st of january of the year for which the muntdpal electoral roll is ,being prepared, hereinafter referred to as ''the preseribed date", resident within the limits of a municlpality and oceuptes a holding 'assessed to tax under section 68 of the act or an ll'ihabitant thereof, and wh(>-(i' lias, during the tw~lve months immediately preeeding tile piicribed date, paid in respect of any rates an aggregate amount of not less than one rupee, or (ti) ia a member of joint family of which :my member is a voter under item (1), or 71 ' (iii) being a graduate of any university, orhav'ing pueed the intermediate or matricukition examinations of the gauhati, or any other university or the corresponding standard of the same or any other university, or middle english or middle vernacular ,or ,an equivaledtexamination or senior or junior madrucm examination under the old or reformed scheme, or the sanskrit title examination of the calcutta/assam sanskrit association, or having read up to class vii of a highs~hool or being a re;~istered medical praditioner under any law relating to registratlon of medical practitioners or being an advocate qi" holding a cer-tificate authorising a person to practise as a pleader or as a mukhtar or as a revenue agent, occupies a holdin~ 01' part of a holding, in respect of which there has beeil paid, during the s twelve months aforesaid in respect of any rates an aggregate amount of not less than one rupee, or (iv) is a manager or person in charge of a company, firm, society or business owning or occupying any land or buuding within the limits of the municipality if the company, firm, society or business possesses the qualifications set {orth in clause (i) j shall· on registration in the prescribed manner be qualified to vote at the election of the commissioners of such municipality explanation--'tax' for the purpose of this section shall not include service charges inelcibiu" 15 no person shall be eligible for election as commissioner of a for electiod municipal board if such person-(i) is not entitled to vote at the election of commissioners of the municipal board or - - - - - proc:eedinp to actide in cjccii on 16 if the validity of an election of a commissioner is" brought in question by an unsuccessful candidate or person qualifted to vote at the election to which such question refers, such person may at any time within twenty-one days after the date of the declaration of the result of the election, file a petition in the prescribed manner before the district judge of manipur, and shall at the same time deposit one hundred rupees in court 88 security for the costs likely to be incurred: i i provided that the deputy commissioner ar the sub-divisional officer, as the case may be, may be authorised by the chief commissioner to receive election petitions on behalf of the district judge for transmission to him: 1 provided further that the validity of such election "shall not be questioned in any such petition- <a) on the ground that the name of any penlon qualified to vote haa been omitted from the electoral roll; or (b) on the ground that the name of any person not qualified to vote has been inserted in the electoml roll; or (c) on the ground of acceptance or refusal of nomination of candidates provided further that an appeal in the inanner prescribed shall lie to the district judge against such acceptanc~ or "refusal of nomination -" - - , - - rules and bye-laws rules301 (1) the chief commissioner may make rules for the pur- power of chief compose of carrying out the provisions of this act miuionet' to (2) without prejudice to the generality of the foregoing powers make rula such rules may- i i (i) determine the mode and time of election' of commissioners, the qualificlqtions and disqualifications and registration of voters, qualifications of candidates, the acts to be deemed corrupt practices at elections and generally regulate all electiom under this act; - - - - - a bill further to amend the assam municipal act, 1956 as in force in the union territory of manipur (shri d p karmarkar, minister of health) | Parliament_bills | 25f13b6a-add9-5705-87cb-3cb9e10f817e |
the foreign exchange regula- tion (amendment) bill, 1958(as introdvced in v)i< sabha) the foreign exchange regulation (amend- ment) bill, 1958 (as introduced in lok sabha)a bill further to amend the foreign exchange regulation act, 1947 be it enacted by parliament in the ninth year of the republie of india as follows:-1 this act may be called the foreign exchange regulation short title (amendment) act, 1958 1947, the following section shall be substituted, namely:-s 2 for section 13a of the foreign exchange regulation act substitution 'of new section for section 13 a 10 is "13a notwithstanding anything contained in any other restrictio~ law or in any contract, agreement or other instrument, the:: ie:=~~f holder of any government security, as defined in the public cer~a!n se-debt act, 1944, created and issued for the purpose of raising a cuiltjes public loan before the 15th day of august, 1947, in respect of which the principal or interest or both are for the time being payable outside india in any country or place notified in this behalf by the central government shall not be entitled, except with the general or special permission of the reserve bank, to have any such payment made at any place in india explanation-in this section, "holder" shall have the same meaning as in clause (a) of sub-~ction (5) of section 13" statement of objects and reasonssection 13a of the foreign exchange regulation act as it now stands empowers government to prohibit the holder of a notified security payable outside india in a notifi~d country from having the payment of such security made in india without the permission of the reserve bank the intention was only to empower the governm~nt of india to regulate the transfer of government of india securities issued prior to 15th august, 1947, so that they could not be transferred to india for payment of interest and principal in india except with the consent of the government of india section 13a wasj ho~ver, couched in very general terms and it has been pointed out that it is open to government under the powers vested in them by this sectiorl' to notify at any time that repayment of a loan made by a foreign investor to an indian company would not be permit~d even in india without the specific approval of the reserve bank this might create some misapprehension among foreign investors and it is desirable to remove such misapprehension it is accordingly proposed to am~nd this section by limiting its applicability specifically to "government securities" as defined in the public debt act, 1944, relating to the loans floated before the 15th august, hj47, arid payable outside india in any country or place notified in this behalf by the central government the bill f>eeks to achieve this object new tiethij the 3rd decimibb, 1958 morarji desai extracts from the foreign exchange regulation act 1947 (no7 of 1947) - • - •r"irulatioq of cxpol t and tra'lsfer of accurities 13 - - - - - (5) for the purposes of this section,-(a) "holder" in relation to a bearer security means the person having physical custody of the security; provided tbat, where a bearer security is deposited with any person in a locked or sealed receptacle from which the person with whom it is deposited is not entitled to remove it without the authority of some other person, that other person shall be deemed to be the holder of the security; - - - - 13a (1) notwithstanding anything contained in any other law restrictions or in any contract, agreement or othe;r instru~ent" the holder ,of r: :;:~c;n~f any seeurity or class of securities notified hi this behalf by the ccttain ic-central government in respect of which the principal or interest curh,cs or both is for the time being payable outside india in any country or place so notified shall n:>t be entitled, except with the general or special permission of the r(::serv(> bank, to have any such payment made at any place in ~nclia (2) in this section, the expr(>ssions "holder" and "security" shall have the 9ame meanings as in sub-section (5) of section 13 - - - • - - a billfurther to amend the foreign exchange regulation act, 1947 (shri morarji desai, minister of finance) , | Parliament_bills | f61316f8-8520-5669-88a9-91c948eccf9e |
the madras state (alteration of name) bill, 1968 (to be/as introduced in lok sabha)1 page 1,-in the long title of the bill -after ''madras ,i insert ,,~" 2, page 2, line 17,-3 omit "and" -page 2, line 23,-ill "maye" read "make" page 2,-4 omit line 24 -5 page 6,-in the marginal heading to article 3la,-for "from" read "for" --6 on the docket pa£e in the long titl~~ before "the name" read "to alter" - , !t-!f!z 'n ft, e· the madras state (alteration'of name) bill, t968, a billto alter the name of the st4te at m ~)t e~actep" 1;iy parliaillent in the nin~enth year of the l;l~~1:ijr>~~,c,:, 9~, ladi~ ~,~ fo;u~~s:-:-1, '(1) this act'may be called the madras state (alteration of short title , name)' act, 1968'" , ' " - and com· 'i ' mence_ (b) it shall come into force on such date as -the central govem- ment s jdat ~~, by n~tic4tion in the official gazette, appoint ~ ~~! tj:us act,unle~ the ~ontext o~hel'wise requifes,-:-_ deftnl-(a) "appointed day" mean~, th,e ~~ ap~~ ~ ~ liodl, ,~tiop (2) ~ ~tion 1 fo,~ the, comjng~to forc~ otthis ac,t; , ' " " ('b) liappropriate government" means, as retpeeti a iaw re lating to a matter enumerated in list i in the seventh schedule to the constitution, the central government, and as respects any other law, the state government; (c) "law" includes any enactment, ordinance, regulation, s order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or any part of the state of madras 3 as from the appointed day, the state of madras shall be known as the state of tamil nadu alteration of name of state of madras " in sub-clause (a) of clause (2) of article sia, in sub-clause (a) of clause (1) of article 16s and in article 290a of the constitution, for the word "madras", the words "tamil nadu" shall be itubstituted amend ment of article ala article 188 and article 2goa ot the consti· tution 5 (1) in the first schedule to the constitution, under the heading ill the states", for the figure and word "7 madras", the figure ]5 and wqrds "7 tamil nadn" shau be substituted (2) in the fourth schedule to the constitution, for the figure and and word "s madras", the figure a~ words "s tamil nadu" shall be substituted amend ment of first and fourth schedules to the constl tution power to adapt lawi 6 (1) for the purpose of giving effect to the alteration of the 20 name of the state of madras by section 3, the appropriate government may, before the expiration of one yearfrom the appointed day, by order, maye such adaptations and modifications of any law made ment may, before the expiration of one year from the appointed 48y, before the appointed day, whether by way of repe¥ or amendment 2s as may be necessary or expedient, and thereupon every such law shall have effect iubjecl to the adaptations and modifications so made (2) nothing in sub-section (1) shall be deemed to prevent a competent legislature or other competent authority from repealing or amending any law adapted or modified by the appropriate govern- 30 ment under the said sub-section 7 notwithstanding that no provision or insufficient provision hal been made under section 6 for the adaptation of a law made before poowerto construe law the appointed day, any court tribunal or authority required or empowered to enforce such law may construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority s 8 where immediately before the appointed day any legal proceed- legal proings are pending to which, the staw of madras is a party, the state ceedin,s of tamil nadu shall be deemed to be substituted for the state of ;madras in those proceedings statement of objects and reasonsthe government of !4adras fqrwarded to, the central government in september, 1967: the-resolution pas~ed unahimousiy by the legislative assembly and the legislative council of madras in july, 1967, recommending that the name of the state of madras be changed into "tamil nadu" and requested the central government to bring forward the necessary legislation in parliament to give effect to the resolution the bill provides for such alteration of the name of the state of madras and contains the necessary amendments to the provisions of the constitution and also consequential provisio118 2 as required by the proviso to article 3 of the constitution, the president referred the bill to the legislature of the state of madras for expressing its views thereon and that legislature has approved the enactment of the bill by parliament new dam; y b chavan the 21st augult, 19m president's recommendation under article 3 of the constitution of india[copy of letter no 311[67-sr, dated the 23rd august, 1968 from shri y h chavan, minister of home affairs to the secretary lok sabha] the president having been informed of the subject matter ef the bill to alter the name of the state of madras, recommends the introduction of the bill in the lok sabha under proviso to article 3 of the constitution ~ clause 6 ot the bill empowers the appropriate government to adapt and modify existing laws for the purpose of giving effeet to the alteration of the name ot the state of madi'u by cliui18 3 !;thiij power will be available only tor a period of one,~ ~ , appointed da,y the adaptations and modifications cannot· affect the substance of the laws adapted '2 'the··de1~g'tion of'leg1~1a'tive pow~r it of ihidrmll ~8ncter , - - - - 3la (1) - - - - - (2) in· this article,-, r"', "'(4) the expression '~tate" shall,' in relation to any 10c!al area, have the same meaning as that expression or its local equi-savinc of laws providing from acquisition ~ estates, etc ' valent ~s in the exijtj:qg law ~elating to land tenures in foi'ce in that area and shall also include-constitution 01 legisla_ tures in states (i) any jagir, inam or muafi or other similar grant and in the states of madras and kerala, any ;anmam right; - - - - - 168 (1) for every state there shan be a legislature which shall consist of the governor, and (a) in the states of andhra pradesh, bihar, madhya pradesh, madras, maharashtra, mysore, punjab, uttar pradesh and west bengal, two houses; - - - - - annu'a i 290a a sum of forty-six lakhs and fifty thousand rupees shall be payment charged on, and paid out of, the consolidated fund of the state 01 to certain kerala every year to the travancore devaswom fund; and a sum of ~~swom thirteen lakhs and fifty thousand rupees shall be charged on, and un paid out of the consolidated fund of the state of madras every year to the devaswom fund established in that state for the maintenance of hindu temples and shrines in the territories transferred to that state on the 1st day of november, 1956, from the state of travan core-cochin - - - - - first schedule [articles 1 and 4] i the statesname territoriu - - - - - 7 madras the territories which immediately before the commencement of this constitution we:re e1thet comprised in the province of madras or were being administered as if they formed part of that province and the territories specified in section 4 of the states reorganisation act, 1956, and the second schedule to the andhra pradesh and madras (alteration of boundaries) act, 1959, but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the andhra state act, 1953, and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the states reorganisation act, 1956 and the territories specified in the first schedule to the andhra pradesh and madras (alteration of boundaries) act, 1959 fourth schedule [articles 4(1) and 80(2)] allocation of seats in the couddl of statesto each state or union territory specified in the first column of the following table, there shall be allotted the number of seats specifled in the second column thereof opposite to that state or that union territory, as the case may be 'r!\ble18 lok sabhaa bill ~ lter the game; qfthe state o(madras (shti y b chavan, !flnis,,, '" hoiiu a//alrs) | Parliament_bills | 29592796-1254-5d59-ba4d-ad296cfd4b06 |
the regional centre for biotechnology bill, 2016—————— arrangement of clauses—————— clauses1short title and commencement2definitions3establishment and incorporation of regional centre for biotechnology4declaration of regional centre for biotechnology as an institution of national importance5effect of establishment of regional centre6jurisdiction7objectives of regional centre8functions of regional centre9regional centre to work in collaboration with other institutions of unesco10powers of regional centre11regional centre open to all castes, creed, race or class12privileges and immunities of regional centre13authorities of regional centre14board of governors15powers and functions of board16powers and functions of chairperson17programme advisory committee18executive committee19finance committee20other authorities of regional centre21board of studies22officers of regional centre23executive director24deans and sub-deans25associate director (administration)26registrar clauses27finance officer28other officers29grants and loans to regional centre30fund of regional centre31annual report32annual accounts33returns and information34review of functioning of regional centre35appointment and conditions of service of employees of regional centre36meetings37filling of casual vacancies38proceedings of authorities not invalidated by vacancies39protection of action taken in good faith40arbitration41power to make statutes42power to make ordinances43regulations44statutes, ordinances and regulations to be published in the official gazette and to be laid before parliament45power to make statutes or ordinances or regulations retrospectively46power to remove difficulties bill no 69 of 2016 the regional centre for biotechnology bill, 2016 a billto provide for the establishment of an institution of national importance to be known as regional centre for biotechnology and to provide for matters connected therewith or incidental theretowhereas an agreement for the establishment and operation of the regional centre for biotechnology training and education in india was entered into between the government of india and the united nations educational, scientific and cultural organisation on the 14th day of july, 2006;and whereas in pursuance of the said agreement, the central government through an executive order dated the 20th april, 2009, established the regional centre for biotechnology training and education at faridabad, haryana;and whereas it is expedient to make provisions for strengthening and to make the regional centre for biotechnology an institution of national importance for imparting education, training and conducting research in the areas of biotechnology and related multi disciplinary areasbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the regional centre for biotechnology act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—5(a) "academic staff" means assistant professors, associate professors, professors, deans, sub-deans, executive director and such other persons, including visiting professors, professors of eminence, honorary professors, adjunct professors and emeritus professors, as may be appointed or engaged for imparting education, training or conducting research in the regional centre for biotechnology;(b) "board" means the board of governors constituted under section 14; (c) "board of studies" means the board of studies of the regional centre referred to in section 21;10(d) "chairperson" means the chairperson of the board; (e) "employee" means any person appointed by the regional centre and includes officers, academic and other staff of the regional centre;(f) "executive committee" means the executive committee of the regional centre constituted under section 18;15(g) "executive director" means the executive director of the regional centre appointed under sub-section (1) of section 23;(h) "existing regional centre" means the regional centre for biotechnology training and education at national capital region, faridabad;(i) "hall" means a unit of residence, by whatever name called, for the students of the regional centre, maintained or recognised by it;20(j) "institution" includes autonomous organisations within or outside india, for imparting education, training and conducting research in the areas of biotechnology and supported by the government of india or industry or universities or other organisations;25(k) "ordinances" means the ordinances framed by the programme advisory committee under section 42;(l) "programme advisory committee" means the programme advisory committee of the regional centre constituted under section 17;30(m) "region" means the region comprising the territories of south asian association for regional co-operation (saarc) states and generally the asia region;(n) "regional centre" means the regional centre for biotechnology established under section 3;(o) "regulations" means the regulations made by any authority of the regional centre under section 43;35(p) "statutes" means the statutes framed by the board under section 41; (q)"unesco" means the united nations educational, scientific and cultural organisation40establishment and incorporation of regional centre for biotechnology3 (1) the regional centre for biotechnology training and education at national capital region, faridabad, haryana functioning under the department of biotechnology, ministry of science and technology is hereby established as a body corporate by the name of "regional centre for biotechnology" having perpetual succession and a common seal with power, subject to the provisions of this act, to contract and shall, by the said name, sue or be sued45(2) the regional centre shall consist of a board of governors and authorities specified in section 13(3) the headquarters of the regional centre shall be at its campus in the national capital region, faridabad54 whereas the objects of the institution known as the regional centre for biotechnology are such as to make the institution one of national importance, it is hereby declared that the institution known as the regional centre for biotechnology is an institution of national importancedeclaration of regional centre for biotechnology as an institution of national importance5 (1) on and from the date of commencement of this act,—effect of establishment of regional centre10(a) any reference to the existing regional centre in any law, other than this act,or in any contract or other instrument, shall be deemed as a reference to the regional centre;(b) all properties and assets, movable and immovable, of, or belonging to theexisting regional centre shall vest in the regional centre;(c) all rights and liabilities of the existing regional centre shall be transferred to,and be the rights and liabilities of, the regional centre;15(d) without prejudice to the provisions of clause (c), all debts, obligations andliabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the existing regional centre immediately before the said date, for or in connection with the purposes of the said regional centre shall be deemed to have incurred, entered into or engaged to be done by, with or for, the regional centre;20(e) all sums of money due to the existing regional centre immediately before thatdate shall be deemed to be due to the regional centre;(f) all suits and other legal proceedings instituted or which could have beeninstituted by or against the existing regional centre immediately before that date may be continued or may be instituted by or against the regional centre;25 30(g) every employee (including those appointed for imparting instruction or givingtraining or conducting research in the existing regional centre), holding any office under the existing regional centre or teaching therein immediately before the commencement of this act shall hold his office in the regional centre or continue teaching therein by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if this act had not been enacted and shall continue to do so as an employee of the regional centre or until the expiry of the period of six months from that date if such employee opts not to be the employee of the regional centre within such period14 of 194735(2) notwithstanding anything in the industrial disputes act, 1947 or in any other lawfor the time being in force, absorption of any employee by the regional centre in its regular service under this section shall not entitle such employee to any compensation under that act or any other law and no such claim shall be entertained by any court, tribunal or other authority40jurisdiction6 the jurisdiction of the regional centre shall extend to whole of india and to suchcentres and specialised laboratories or other units for research, development and instruction, established by the regional centre within or outside india7 the objectives of the regional centre shall be—objectives of regional centre45(a) to disseminate and to advance knowledge by providing instructional andresearch facilities in such branches of biotechnology and related fields as it may deem fit including technology policy development;(b) to provide capacity-building through education, training, research and development in biotechnology and related academic fields for sustainable development objectives through regional and international cooperation;| (c) | to facilitate transfer of knowledge and technology relating to biotechnology ||----------------------------------------------------|-----------------------------------------------------------------------------------|| at the regional level; | || 5 | || (d) | to create a hub of biotechnology expertise and to address human resources || needs in the countries in the region; | || (e) | to promote and strengthen international co-operation to improve the social || and economic conditions and welfare of the people; | || 10 | || (f) | to promote and facilitate a network of satellite centres in the region as well as || within india | |8 the functions of the regional centre, shall be—functions of regional centre(a) to establish infrastructure and technology platforms which are directlyrelevant to biotechnology education, training and research;15 (b) to execute educational and training activities including grant of degrees ineducation and research in biotechnology and related fields;(c) to produce human resource tailored to drive innovation in biotechnology,particularly in areas of new opportunities and to fill talent gap in deficient areas;20 (d) to undertake research and development and scientific investigations incollaboration with relevant research centre's in the region; (e) to hold scientific symposia and conferences within india or in the region oroutside the region and to conduct short-term and long-term training courses and workshops in all areas of biotechnology;25(f) to collect universally available information with a view to setting up databanks for bio-information;(g) to collect and disseminate, through networking, the relevant local knowledgein the field of biotechnology, ensuring protection of intellectual property rights of local stakeholder communities;(h) to develop and implement a policy for intellectual property rights which isequitable and just to the stakeholders involved in research in the regional centre;30 (i) to disseminate the outcome of research activities in different countries throughthe publication of books and articles;35 (j) to promote collaborative research and development networking programmein specific areas of biotechnology with national, regional and international networks and promote exchange of scientists, at the regional level having regard to issues pertaining to intellectual property rights of collaborating institutions promoting equitable sharing of benefits with collaborating institutions9 the regional centre shall pursue its objects and discharge its functions in close collaboration with other national, regional and international institutions of the unesco4010 (1) the regional centre shall have the following powers, namely:—regional centre to work in collaboration with other institutions of unesco powers of regional centre(a) to provide for masters degree (including integrated programmes leading to masters degree), post-graduate diploma and doctoral degrees in biotechnology and related subjects at the interface of varied disciplines including physical, chemical, biological, medical, agricultural and engineering and other relevant sciences, as may be determined by the regional centre, from time to time;5(b) to provide for short-term and long-term training courses in biotechnology onspecific issues related to the development, extension, implementation and regulation of biotechnology and related areas, as may be specified by statutes, from time to time;(c) to organise and undertake extramural studies, training and extension servicesin biotechnology;(d) to confer honorary degrees or other academic distinctions referred to inclause (a), in the manner specified by the statutes;10(e) to institute professorships, associate professorships, assistantprofessorships and other academic positions required by the regional centre and to appoint persons to such professorships, associate professorships, assistant professorships or other academic positions;15(f) to recognise an institution of higher learning within india for the purposes ofthis act and to withdraw such recognition in accordance with the norms laid down in the statutes;(g) to appoint persons working in any other institution, including those locatedoutside the country, as academic staff of the regional centre for such period as may be specified by the statutes;20(h) to create administrative, technical and other posts and to make appointmentsthereto, as may be specified by statutes;(i) to co-operate or collaborate or associate with any institution, including thoselocated outside the country, in such manner as may be specified and for such purposes as may be determined or agreed upon by the regional centre;25(j) to establish and maintain centres and specialised laboratories or other unitsfor research, development and instruction in india or outside india, as may be determined by the statutes from time to time;(k) to institute and award fellowships, scholarships, studentships, medals andprizes as may be specified by the statutes;30(l) to make provision for research and advisory services and for that purpose toenter into such agreements with other institutions, industrial or other organisations, including those located outside the country as may be specified by the statutes;(m) to organise and conduct refresher courses, workshops, seminars and otherprogrammes for teachers, evaluators and other stakeholders;35(n) to appoint visiting professors, professors of eminence, honorary professors,adjunct professors, emeritus professors, consultants and such other persons who may contribute to the advancement and objects of the regional centre;(o) to determine standards of admission to the regional centre, includingexamination, evaluation or any other method of testing;40(p) to fix, demand and receive payment of fees and other charges; (q) to establish, recognise, maintain and manage halls or residences of studentsof the regional centre and other accommodation for students and to withdraw any such recognition;45(r) to lay down conditions of service of all categories of employees, includingtheir code of conduct;(s) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the regional centre to be necessary;5(t) to make arrangements for promoting the health and general welfare of the students and employees of the regional centre;(u) to receive benefactions, donations and gifts and to acquire, hold and manage, and dispose of, with the prior approval of the central government, any property, movable or immovable, including trust and endowment properties, for the purposes or objectives of the regional centre;10(v) to borrow money, with the prior approval of the central government on thesecurity of the property of the regional centre; and(w) to do all such other acts and things as may be necessary in furtherance of the objects specified in section 715(2) in exercising its powers under sub-section (1), it shall be the endeavour of the regional centre to maintain high standards of education, training and research and the regional centre shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:—| (a) | conduct innovative courses and programmes of studies with a provision for ||----------------------------------------|-----------------------------------------------------------------------------|| periodic review and restructuring; and | || 20 | || (b) | promote || regional | || centre open | || to all castes, | || creed, race or | || class | || 25 | |11 the regional centre or any institution recognised by it shall be open to persons of either sex and whatever caste, creed, race, ethnicity, nationality or class, and it shall not be lawful for the regional centre or such institution to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a member of the academic staff of the regional centre or such institution or to hold any other office therein or to be admitted as a student in the regional centre or such institution or to enjoy or exercise any privilege thereof30privileges and immunities of regional centre12 the regional centre or persons attending the meetings of the regional centre shall enjoy such privileges and immunities as the central government may grant, pursuant to agreement entered into between the unesco and the government of india from time to time concerning the regional centre13 the following shall be the authorities of the regional centre, namely:–(i) the board of governors;authorities of regional centre(ii) the programme advisory committee;35(iii) the executive committee;(iv) the finance committee; (v) the board of studies; and (vi) such other authorities as may be declared by the statutes to be the authorities of the regional centre| 40 ||------------|| governors |14 (1) there shall be a board of governors which shall be responsible for the governance of the regional centre(2) the board shall be the apex body of the regional centre and shall consist of the following members, namely:—45(a) secretary to the government of india in the ministry of science and technology, department of biotechnology— ex officio chairperson;(b) three eminent scientists in the relevant field not below the rank of joint secretary to the government of india or equivalent, out of whom at least one shall be a woman, to be nominated by the central government— ex officio members;(c) a representative of the director-general of unesco;5(d) two representatives from amongst the other member states of unesco, whosubstantially contribute resources to the running of the regional centre, in such manner as may be specified by the statutes—members(2) the chairperson of the programme advisory committee shall be a permanent invitee of the board10(3) the executive director of the regional centre shall be the convenor of the meetingsof the board(4) the chairperson shall ordinarily preside over the meetings of the board (5) the board shall meet at least once in a year and at such times as the chairperson may decide in such manner as may be specified by the statutes15 (6) the term of office of the members of the board, other than ex officio members, shallbe such as may be specified by the statutes(7) subject to the provisions of this act and the statutes and the ordinances made thereunder, the board may regulate its own procedure (including quorum) for the conduct of meetings and transacting business2015 subject to the provisions of this act, the board shall have the following powersand functions, namely:—powers and functions of board(a) to approve the annual plan and budget of the regional centre;25 (b) to review, from time to time, the broad policies and programmes of the regionalcentre, and to suggest measures for the improvement and development of the regional centre;(c) to consider the annual report and the annual accounts of the regional centreand the audit report on such accounts;(d) to study and approve the internal procedures, including financial procedureand staff regulations of the regional centre;30 (e) to approve the organisational structure and number of academic staff andother employees at the regional centre;35 (f) to convene special consultative sessions of its members, to which it mayinvite representatives of other interested countries and international organisations in order to obtain proposals for strengthening the scope of services of the regional centre;(g) to carry out projects and activities relevant to the regional centre, and toexpand the fund-raising strategy and capabilities; and(h) to frame the statutes4016 (1) the chairperson shall exercise such powers and discharge such functions as may be delegated to him by the board or as may be specified by the statutespowers and functions of chairperson(2) if for any reason, the chairperson is unable to attend any meeting of the board, any member of the board nominated by the chairperson shall preside over the meetingprogramme advisory committee17 (1) the programme advisory committee shall be the principal academic body of the regional centre and shall, subject to the provisions of this act, advice planning, execution, review and monitoring of the scientific and academic programmes of the regional centre45(2) the programme advisory committee shall consist of the following members, namely:—| (a) | a chairperson of the programme advisory committee to be nominated by ||----------------------------------------------------------|---------------------------------------------------------------------------|| the board; | || 5 | || (b) | two members to be nominated by the unesco; || (c) | three members to be nominated by rotation, from amongst the member states || of unesco which provide maximum financial assistance; | || (d) | two members having expertise and experience in biotechnology policy and || legal matters to be nominated by the central government; | || 10 | || (e) | six members from amongst the persons being renowned scientist or || academician, to be nominated by the board | |(3) the executive director shall be the member-secretary, ex officio, to the programme advisory committee(4) the programme advisory committee shall be responsible for—15(a) making recommendations on matters of planning and coordinating of theeducation, training and research activities;(b) recommending modifications or revision of education, training and research programmes of the regional centre and submitting reports thereon;20(c) reviewing annually the programmes of the regional centre, evaluating its progress and submitting the reports thereon; (d) publishing reports on any matter concerning scientific and technical issues referred to it by the board or by the executive director;(e) performing all such duties and to do all such acts as may be necessary for furtherance of education, training and research under this act;25(f) framing the ordinances; and (g) performing such other functions as may be specified by the statutes(5) the fees and allowances payable to members of the programme advisory committee and their term of office shall be such as may be specified by the statutes30(6) subject to the provisions of this act and the statutes and ordinances made thereunder, the programme advisory committee may regulate its own procedure (including quorum) for the conduct of meetings and transacting of its business:provided that the programme advisory committee shall place the minutes of its meetings before the board of governorsexecutive committee3518 (1) the executive committee shall be responsible for management of the regionalcentre and implementation of policies and decisions of the board relating to management (2) the constitution, powers and functions of the executive committee and the term of office of its members shall be such as may be specified by the statutesfinance committee4019 (1) the finance committee shall review finances, consider the annual budgetestimates, the statements of accounts and the audit reports and make recommendations thereon, to the board(2) the constitution, powers and functions of the finance committee and the term ofoffice of its members shall be such as may be specified by the statutes20 the constitution, powers and functions of other authorities referred to in clause (vi) of section 13, and the term of office of its members shall be such as may be specified by the statutesother authorities of regional centreboard of studies521 the constitution, powers and functions of the board of studies and the term of office of its members shall be such as may be specified by the statutes22the following shall be the officers of the regional centre, namely:—(i) executive director;officers of regional centre(ii) deans; (iii) sub-deans;10(iv) associate director (administration); (v) registrar; (vi) finance officer; and(vii) such other officers as may be declared by the statutes to be the officers of the regional centre15executive director23 (1) the executive director shall be appointed on the recommendation of the board in such manner and on such terms and conditions of service, as may be specified by the statutes(2) the executive director shall—(a) be the principal executive and academic officer of the regional centre;20(b) direct the work of the regional centre in conformity with the programmesand directives established by the board;(c) propose the draft work plan and budget to be submitted to the board; (d) prepare the agenda for the sessions of the board;25(e) prepare reports on the regional centre's activities for submission to the board; and (f) exercise such other powers and perform such other functions as may be specified by the statutes (3) the financial powers delegated to the executive director by the board shall be such as may be specified by the statutes30(4) the executive director may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the regional centre by or under this act and shall report to such authority at its next meeting the action taken by him on such matterdeans and sub-deans3524 the deans and sub-deans shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be specified by the statutes25 (1) the associate director (administration) shall be appointed in such manner, and on such terms and conditions of service, as may be specified by the statutesassociate director (administration)40(2) the associate director (administration) shall have the power to enter into agreements, sign documents and authenticate records on behalf of the regional centre and shall exercise such powers and perform such duties, as may be specified by the statutesregistrar26 the registrar shall be appointed in such manner and on such terms and conditionsof service and shall exercise such powers and perform such duties, as may be specified by the statutesfinance officer527 the finance officer shall be appointed in such manner and on such terms andconditions of service and shall exercise such powers and perform such duties, as may be specified by the statutesother officers28 the manner of appointment and powers and duties and terms and conditions ofservice of other officers of the regional centre, referred to in clause (vii) of section 22, shallbe such as may be specified by the statutes10grants and loans to regional centre29 the central government may, after due appropriation made by parliament by law,in this behalf, make to the regional centre grants and loans of such sums of money and in such manner as that government may consider necessary for being utilised for the fulfilment of the objects and purposes of this act30 (1) the regional centre shall maintain a fund to which shall be credited—15fund of regional centre(a) all moneys provided by the central government; (b) all fees and other charges received by the regional centre; (c) all moneys received by the regional centre by way of grants, gifts, donations,benefactions, bequests or transfers; and20(d) all moneys received by the regional centre in any other manner or fromany other source(2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as the regional centre may, with the approval of the central government, decide(3) the fund shall be applied for meeting—25(a) the fees and allowances payable to the chairperson and members of theboard or chairperson of the programme advisory committee and members of the other committees and the salaries, allowances and other remunerations payable to the academic staff, officers and other employees of the regional centre;30(b) the expenses of the regional centre in the discharge of its functions and forthe fulfilment of its objects and for purposes as envisaged under this actannual report3531 (1) the annual report of the regional centre shall be prepared under the directionsof the executive director, which shall include, among other matters, the steps taken by the regional centre towards the fulfilment of its objectives and shall be submitted to the board on or before such date as may be specified by the statutes and the board shall consider the report in its annual meeting(2) a copy of the annual report, as prepared under sub-section (1), shall be submittedto the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliamentannual accounts4032 (1) the annual accounts and the balance sheet of the regional centre shall beprepared under the directions of the board and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india(2) a copy of the accounts together with the audit report shall be submitted to thecentral government along with the observations, if any, of the board45(3) a copy of the annual report and annual accounts together with the audit report,shall be submitted to the central government which shall, as soon as may be, cause the same to be laid before each house of parliament(4) the audited annual accounts, after having been laid before both houses of parliament, shall be published in the official gazettereturns and information533 the regional centre shall furnish to the central government such returns or other information with respect to its property or activities as the central government may, from time to time, require, within such period as may be specified by the central government34 (1) there shall be a review of the functioning of the regional centre once in every four years by persons of eminence to be appointed by the central governmentreview of functioning of regional centre10(2) the regional centre shall meet the expenses for conducting the review under subsection (1) and upon receipt of the report of such review, the board may take appropriate action(3) in addition to the review under sub-section (1), the board may conduct review of functioning of administrative and academic wings of the regional centre, in such manner and at such intervals, as may be specified by the statutes35 (1) all appointments of employees of the regional centre shall be made in accordance with the procedure laid down in the statutes, by—15(a) the board of governors for the executive director, deans and sub-deans; (b) the executive director, in any other caseappointment and conditions of service of employees of regional centre20(2) the terms and conditions of service of the employees of the regional centre, other than the officers referred to in clause (vii) of section 22, shall be such as may be specified by the statutes(3) the terms and conditions of service of the academic staff shall be consistent with such staff engaged in higher education and research at central universitiesmeetings2536 the meetings of the board, programme advisory committee, executive committee or other committees constituted by the regional centre may be held using contemporary tools of information and communication technologies (including video conferencing) without the members necessarily having to be physically presentfilling of casual vacancies3037 all casual vacancies among the members (other than ex officio members) of the authorities under section 13 shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority for the residue of the term for which the person whose place he fills would have been a member| 38 ||--------------------------------------------------------------------------------|| merely by reason of the existence of a vacancy or vacancies among its members || proceedings || of authorities || not || invalidated || by vacancies |35protection of action taken in good faith39 no suit or other legal proceedings shall lie against any officer or employee of theregional centre for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act or the statutes, ordinances or the regulations made thereunderarbitration40| 40 | any dispute arising between the regional centre and any of its employees shall, at ||------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| the first instance, be resolved through such grievance redressal mechanism as may be specified | || by the statutes | || 41 | (1) || governors | || power to | || make | || statutes | |(2) without prejudice to the provisions contained in sub-section (1), the executive committee may make recommendations for framing of statutes to the board(3) subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—5(a) to provide for short-term and long-term training courses in biotechnology on specific issues related to the development, extension, implementation and regulation of biotechnology and related areas, from time to time under clause (b) of sub-section (1) of section 10;(b) the manner of conferring honorary degrees or other distinctions under clause (d) of sub-section (1) of section 10;(c) the norms for recognition of an institution of higher learning within india and to withdraw such recognition under clause (f) of sub-section (1) of section 10;10(d) period for appointment of persons working in any other institution, including those located outside the country, as academic staff of the regional centre under clause (g) of sub-section (1) of section 10;15(e) to create administrative, technical and other posts under clause (h) of subsection (1) of section 10;(f) the manner and purposes of co-operation or collaboration or association with any institution, including those located outside the country, under clause (i) of subsection (1) of section 10;20(g) to establish and maintain centres and specialised laboratories or other units for research, development and instruction in india or outside india, clause (j) of subsection (1) of section 10;(h) to institute and award fellowships, scholarships, studentships, medals and prizes, under clause (k) of sub-section (1) of section 10;25(i) the manner of entering into agreements with other institutions, industrial or other organisations, including those located outside the country, for research and advisory services under clause (l) of sub-section (1) of section 10;(j) to declare other authorities to be the authorities of the regional centre under clause (vi) of section 13;(k) the manner of appointment of representatives from amongst the member states of unesco, under clause (d) of sub-section (2) of section 14;30(l) the time and manner in which the board shall meet under sub-section (5) of section 14;(m) the term of office of the members of the board, under sub-section (6) of section 14;35(n) such other powers and functions of the chairperson under sub-section (1)of section 16;(o) such other functions of the programme advisory committee under clause (g) of sub-section (4) of section 17;40(p) the fees and allowances payable to members of the programme advisory committee and their term of office under sub-section (5) of section 17;(q) the constitution, powers and functions and the term of office of members of the executive committee under sub-section (2) of section 18;(r) the constitution, powers and functions and term of office of members of the finance committee under sub-section (2) of section 19;45(s) the constitution, powers and functions and term of office of members of other authorities under section 20;(t) the constitution, powers and functions and term of office of members of the board of studies under section 21;(u) the other officers as may be declared to be the officers of the regional centre under clause (vii) of section 22;5(v) the manner of appointment and terms and conditions of service of theexecutive director under sub-section (1) of section 23;(w) the other powers and functions of the executive director under clause (f) ofsub-section (2) of section 23;10(x) the financial powers to be delegated to the executive director by the boardunder sub-section (3) of section 23;(y) the manner of appointment, terms and conditions of service and powers andduties of the deans and sub-deans under section 24;15(z) the manner of appointment and terms and conditions of service of theassociate director (administration) under sub-section (1) and powers and duties tobe performed by him under sub-section (2) of section 25;(za) the manner of appointment, terms and conditions of service and powersand duties of the registrar under section 26;(zb) the manner of appointment, terms and conditions of service and powersand duties of the finance officer under section 27;20(zc) the manner of appointment, powers and duties and terms and conditions ofservice of other officers of the regional centre under section 28;(zd) the time for submission of the annual report of the regional centre to theboard under sub-section (1) of section 31;25(ze) the manner and frequency of conducting review of the functioning ofadministrative and academic wings of the regional centre by the board under sub-section (3) of section 34;(zf) the procedure for appointment of employees of the regional centre undersub-section (1) and their terms and conditions of service under sub-section (2) ofsection 35;30(zg) the grievance redressal mechanism for resolution of disputes arising betweenthe regional centre and any of its employees under section 40;(zh) the manner of making regulations by the authorities of the regional centreunder section 43; and35(zi) any other matter which may be required or necessary for the purposes of thisact42 (1) save as otherwise provided in this act, the ordinances of the regional centre shall be made by the programme advisory committeepower to make ordinances40(2) subject to the provisions of this act and the statutes made thereunder, the ordinances of the regional centre may provide for all or any of the following matters, namely:—(a) admission of students from within india and from the region to the regionalcentre and their enrolment as such;(b) the course of study;(c) the conditions under which students shall be admitted to the examinations of the regional centre and shall be eligible for the degrees, diplomas and certificates;(d) the conditions for award of fellowships, scholarships, medals and prizes;5(e) the conditions and manner of appointment, term and duties of examiningbodies, examiners and moderators;(f) the conduct of examinations; (g) the conditions of residence of students of the regional centre; (h) the maintenance of discipline among the employees and students;10(i) the courses of study to be laid down for all degrees, diplomas and certificates of the regional centre including the medium of instruction and examination;(j) the award of degrees and other academic distinctions, and the manner of granting and obtaining of the same;15(k) the withdrawal of degrees, diplomas, certificates and other academic distinctions;(l) the fees to be charged for courses of study and for admission to examinations, degrees and diplomas of the regional centre;(m) the special arrangements, if any, which may be made for the residence and teaching of women students and prescribing of special courses of studies for them;20(n) the establishment, management, recognition and abolition of centres ofstudies, schools, departments, specialised laboratories, halls and institutions; and(o) any other matter which by this act or the statutes, is to be, or may be, provided for by the ordinancesregulations2543 the authorities of the regional centre may make regulations, consistent with theprovisions of this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner specified by the statutes44 (1) every statute, ordinance or regulation made under this act shall be published in the official gazette30 35statutes,ordinances and regulations to be published in the official gazette and to be laid before parliament(2) every statute or ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute or ordinance or regulation or both houses agree that the statute or ordinance or regulation should not be made, the statute or ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute or ordinance or regulation40power to make statutes or ordinances or regulations retrospectively45 the power to make statutes or ordinances or regulations under section 41 or section 42 or section 43, as the case may be, shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the statutes or ordinances or regulations or any of them but no retrospective effect shall be given to any statutes or ordinances or regulations so as to prejudicially affect the interests of any person to whom such statutes or ordinances or regulations may be applicable45power to remove difficulties46 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:5provided that no such order shall be made under this section after the expiry of twoyears 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 reasonsmodern biotechnology has been recognised globally as a rapidly advancing science wherein molecular techniques and processes are employed to develop healthcare solutions for human and animal sector, for agriculture and environment technologies this has necessitated creation of high quality human resource in disciplinary and interdisciplinary areas by engaging students in research by integrating science, engineering and medicine similarly, interface between agriculture or veterinary sciences and engineers; environmental biologists, ecologists and engineers for agricultural and environmental technologies, respectively, is necessary for molecular breeding, bio-energy and green technologies for this purpose, it was necessary to create physical infrastructure in critical platform technologies to support interdisciplinary education, training and research in biotechnology2 in view of the above, it was decided to establish a regional centre for biotechnology to produce skilled human resource tailored to drive innovation in biotechnology, particularly in the areas of new opportunities and also to fill talent gap in deficient areas the centre was established through an executive order of the department of biotechnology, ministry of science and technology, government of india, dated the 20th april, 2009 and is currently operational in its campus at faridabad3 it is proposed to provide statutory status to the existing regional centre for biotechnology training and education at national capital region, faridabad, haryana, establishing the same as a body corporate by the name of "regional centre for biotechnology" and to declare the regional centre as an institution of national importance the proposed regional centre would be an autonomous body which is expected to play pivotal role in human resource development in biotechnology areas and facilitate, promote and strengthen international cooperation to improve the social and economic conditions and welfare of the people4 the proposed regional centre for biotechnology bill, 2016, inter alia, provides for,—(a) pursuing of its objects and discharging its functions in close collaboration with other national, regional and international institutions (including those located in the member states of unesco);(b) constitution of the board of governors, the programme advisory committee, the executive committee, the finance committee, the board of studies and other authorities and specifying their powers and functions;(c) appointment of officers and staff of the regional centre and specifying their powers, duties and conditions of service;(d) maintenance of a fund by the regional centre and submission of annual report and annual accounts to the central government;(e) furnishing of returns and other information to the central government regarding its property or activities;(f) review of the functioning of the regional centre by the central government; (g) resolution of disputes between the regional centre and its employees by arbitration;(h) empowering the board of governors to frame statutes; the programme advisory committee to make ordinances; and the authorities to make regulations and laying such statutes, ordinances and regulations before parliament 5 the bill seeks to achieve the above objectives dr harsh vardhan new delhi; the 18th december, 2015 notes on clausesclause 2— this clause seeks to define certain words and expressions used in the bill clause 3— this clause provides for the establishment of regional centre for biotechnology (regional centre) which shall be a body corporate and having perpetual succession and a common seal with its headquarters in the national capital region, faridabadclause 4— this clause seeks to declare the regional centre for biotechnology as an institution of national importanceclause 5— this clause provides for the effect of establishment of the regional centre on and from the date of commencement of the proposed legislationclause 6— this clause provides for the jurisdiction of the regional centre which shall extend to the whole of india and to centres established within or outside indiaclause 7— this clause specifies the objects of regional centre it provides that the regional centre shall disseminate and advance knowledge by providing instructional and research facilities in such branches of biotechnology and related fields as it may deem fit including technology policy developmentit further provides that the regional centre shall provide capacity-building through education, training, research and development in biotechnology and related academic fields for sustainable development objectives through regional and international cooperation it also provides that the regional centre shall facilitate transfer of knowledge and technology relating to biotechnology at the regional level and create a hub of biotechnology expertise and to address human resources needs in the countries in the regionit also provides that the regional centre shall promote and strengthen international cooperation to improve the social and economic conditions and welfare of the people and promote and facilitate a network of satellite centres in the region as well as within indiaclause 8— this clause provides for the functions of the regional centre which shall, inter alia, be to establish infrastructure and technology platforms which are directly relevant to biotechnology education, training and research; execute educational and training activities including grant of degrees in education and research in biotechnology and related fields;produce human resource tailored to drive innovation in biotechnology, particularly in areas of new opportunities and to fill talent gap in deficient areas; undertake research and development and scientific investigations in collaboration with relevant research centres in the region; collect universally available information with a view to setting up a data bank for bio-information, etcclause 9— this clause seeks to provide for the regional centre to pursue its objects and discharge its functions in close collaboration with other national, regional and international institutions of the unescoclause 10— this clause lays down the powers of the regional centre which shall, inter alia, be to provide for masters degree (including integrated programmes leading to masters degree), post-graduate diploma and doctoral degrees in biotechnology and related subjects; to confer honorary degrees or other academic distinctions; to create administrative, technical and other posts and to make appointments thereto, as may be specified by statutes; to make provision for research and advisory services and for that purpose to enter into such agreements with other institutions, industrial or other organisations, including those located outside the country as may be specified by the statutes; to appoint visiting professors, professors of eminence, honorary professors, adjunct professors, emeritus professors, consultants and such other persons who may contribute to the advancement and objects of the regional centre; to receive benefactions, donations and gifts and to acquire, hold and manage, and dispose of, with the prior approval of the central government, any property, movable or immovable, including trust and endowment properties, for the purposes or objectives of the regional centre; to borrow money, with the prior approval of the central government on the security of the property of the regional centre; and to do all such other acts and things as may be necessary in furtherance of the objects of the regional centreclause 11— this clause seeks to provide that the regional centre or any institution recognised by it shall be open to all castes, creed, race or classclause 12— this clause seeks to provide that the regional centre shall enjoy such privileges and immunities as the central government may grant, pursuant to agreement entered into between the unesco and the government of india from time to time concerning the regional centreclause 13— this clause provides that the authorities of the regional centre shall be the board of governors, the programme advisory committee, the executive committee, the finance committee, the board of studies and such other authorities as may be declared by the statutes to be the authorities of the regional centreclause 14— this clause provides that the board of governors shall consist of the secretary to the government of india in the department of biotechnology, who shall be ex officio chairperson; three eminent scientists in the relevant field not below the rank of joint secretary to the government of india or equivalent, out of whom at least one shall be a woman, to be nominated by the central government; a representative of the director-general of unesco; two representatives from amongst the other member states of unesco, who substantially contribute resources to the running of the regional centre, in such manner as may be specified by the statutesit further provides that the chairperson of the programme advisory committee shall be a permanent invitee of the board of governors and the executive director of the regional centre shall be the convenor of the meetings of the board of governorsit also provides that the board of governors may evolve its own rules of procedure for the purpose of conducting its meetings and transacting business thereinclause 15— this clause lays down the powers and functions of board which shall, inter alia, be to approve the annual plan and budget of the regional centre; review, from time to time, the broad policies and its programmes, and to suggest measures for its improvement and development; convene special consultative sessions to which it shall invite representatives of other interested countries and international organisations in order to obtain proposals for strengthening the scope of services; and to carry out the projects and activities relevant to the regional centre, and to expand the fund-raising strategy and capabilitiesclause 16— this clause provides for the powers and functions of the chairperson it provides that the chairperson shall exercise such powers and discharge such functions as may be delegated to him by the board or as may be specified by the statutesclause 17— this clause provides that the programme advisory committee shall be the principal academic body of the regional centre who shall advise planning, execution, review and monitoring of the scientific and academic programmes of the regional centreit further provides that the programme advisory committee shall consist of a chairperson to be nominated by the board; two members to be nominated by the unesco; three members to be nominated by rotation from amongst the member states of unesco; two members having expertise and experience in biotechnology policy and legal matters to be nominated by the central government; six members from amongst the persons being renowned scientist or academician, to be nominated by the board; and the executive director as the members-secretary, ex officioit also provides that the programme advisory committee shall be responsible for making recommendations on the matters of planning and coordinating of the education, training and research activities; recommending modifications or revision of education, training and research programmes of the regional centre and on the reports thereon; reviewing annually the programmes of the regional centre, evaluate its progress and submit the report thereon; publishing reports on any matter concerning scientific and technical issues referred to it by the board or the executive director; framing ordinances; and performing such other functions as may be specified by the statutesit also provides that the fees and allowances payable to members of the programme advisory committee and their term of office shall be such as may be specified by the statutesclause 18 - this clause provides that the executive committee shall be responsible for management of the regional centre and implementation of policies and decisions of the board relating to the managementit further provides that the constitution of the executive committee, the term of office of its members and its powers and functions shall be such as may be specified by the statutesclause 19— this clause seeks to provide that the finance committee shall review finances, consider the annual budget estimates, the statements of accounts and the audit reports and make recommendations thereon, to the board it further seeks to provide that the constitution, powers and functions of the finance committee shall be such as may be specified by the statutesclause 20— this clause seeks to make provision for the constitution, powers and functions of other authorities of the regional centreclause 21— this clause seeks to make provision for the constitution, powers and functions of the board of studiesclause 22— this clause seeks to provide that the executive director, the deans, the sub-deans, the associate director (administration), the registrar, the finance officer and such other officers as may be declared by the statutes, shall be the officers of the regional centreclause 23 - this clause seeks to provide that the executive director shall be appointed on the recommendation of the board of governors in such manner as may be specified by the statutesit further provides that the executive director shall be the principal executive and academic officer of the regional centre it also provides for the powers and functions of the executive directorclause 24 - this clause seeks to provide that the deans and sub-deans shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be specified by the statutesclause 25 - this clause seeks to provide that the associate director (administration)shall be appointed in such manner, and on such terms and conditions of service, as may be specified by the statutesclause 26 - this clause seeks to provide that the registrar shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be specified by the statutes;clause 27 - this clause seeks to provide that the finance officer shall be appointed in such manner, and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be specified by the statutesclause 28 - this clause seeks to provide that the manner of appointment and powers and duties of other officers of the regional centre shall be such as may be specified by the statutesclause 29 —this clause seeks to provide that the central government may, after due appropriation made by parliament by law, in this behalf, make to the regional centre grants and loans of such sums of money in such manner as that government may consider necessary for being utilised for the fulfilment of the objects and the purposes of the proposed legislationclause 30 - this clause seeks to provide that the regional centre shall maintain a fund to which shall be credited all moneys provided by the central government; all fees and other charges received by the regional centre; all moneys received by the regional centre by way of grants, gifts, donations, benefactions, bequests or transfers; and all moneys received by the regional centre in any other manner or from any other sourceit further provides that all moneys credited to the fund shall be deposited in such banks or invested in such manner as the regional centre may, with the approval of the central government, decideit also provides that the fund shall be applied for meeting the salary, allowances and other remuneration of chairperson, members of the board or chairperson of the programme advisory committee and members of the other committees, salaries, allowances and other remunerations payable to the academic staff, officers and other employees of the regional centre, the expenses of the regional centre in discharge of its function under the proposed legislationclause 31— this clause seeks to provide that the annual report of the regional centre shall be prepared under the direction of the executive director, which shall include, among other matters, the steps taken by the regional centre towards fulfilment of its objects and shall be submitted to the board of governors on or before such date as may be specified by the statutes and the board of governors shall consider the report in its annual meetingit further provides that a copy of the annual report shall be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliamentclause 32— this clause seeks to provide that the annual accounts and the balance sheet of the regional centre shall be prepared under the directions of the board and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of indiait further provides that a copy of the accounts together with the audit report shall be submitted to the central government along with the observations, if any, of the board of governorsit also provides that a copy of the annual report and annual accounts together with the audit report, as submitted to the central government shall, as soon as may be, cause to be laid before both houses of parliamentit also provides that the audited annual accounts, after having been laid before both houses of parliament, shall be published in the gazette of indiaclause 33— this clause seeks to provide that the regional centre shall furnish to the central government such returns or other information with respect to its property or activities as the central government may, from time to time, require, within such period as may be specified by the central governmentclause 34— this clause seeks to provide for the review of the functioning of the regional centre once in every four years by persons of eminence to be appointed by the central governmentit further provides that the regional centre shall meet the expenses for conducting the review and upon receipt of the report of such review, may take appropriate action it also provides that the board may conduct review of functioning of administrative and academic wings of the regional centre, in such manner and at such intervals, as may be specified in the statutesclause 35— this clause seeks to provide for the appointment of staff of regional centre it provides that the appointments shall be made in accordance with the procedure laid down in the statutes, by the board for executive director, deans and sub-deans and by the executive director, in other caseit further provides that the terms and conditions of service of the employees of the regional centre shall be specified in the statutesit also provides that the terms and conditions of service of the academic staff shall be consistent with such staff engaged in higher education and research at the central universitiesclause 36— this clause seeks to provide that the meetings of the board of governors, programme advisory committee, executive committee or other committees constituted by the regional centre may be held using contemporary tools of information and communication technologies (including video conferencing) without the members necessarily having to be physically presentclause 37— this clause seeks to provide that the all casual vacancies among the members (other than ex officio members) of the authorities under clause 13 shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority for the residue of the term for which the person whose place he fills would have been a memberclause 38— this clause seeks to provide that no act or proceedings of any authority or other body of the regional centre shall be invalid merely by reason of the existence of a vacancy or vacancies among its membersclause 39— this clause seeks to provide that no suit or other legal proceedings shall lie against any officer or other employee of the regional centre for anything which is in good faith done or intended to be done in pursuance of any of the provisions of the proposed legislation, the statutes, ordinances and regulations made thereunderclause 40— this clause seeks to provide that any dispute arising between the regional centre and any of its employees shall, at the first instance, be resolved through such grievance redressal mechanism as may be specified by statutesclause 41— this clause seeks to provide that the statutes of the regional centre shall be framed by the board of governors on the recommendation of the executive committee, relating to matters specified thereinclause 42— this clause empowers programme advisory committee to frame ordinances relating to matters specified thereinclause 43— this clause seeks to provide that the authorities of the regional centre may make regulations, consistent with the provisions of the proposed legislation, the statutes and the ordinances, for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by the proposed legislation, the statutes or the ordinances, in the manner specified by the statutesclause 44— this clause seeks to provide that every statute or ordinance or regulation made under the proposed legislation shall be published in the official gazette and shall be laid before each house of parliamentclause 45— this clause seeks to provide that the power to make statutes or ordinances or regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of the proposed legislation, to the statutes or ordinances or regulations or any of them but no retrospective effect shall be given to any statutes or ordinances or regulations so as to prejudicially affect the interests of any person to whom such statutes or ordinances or regulations may be applicableclause 46 —this clause seeks to provide that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of the proposed legislation, as appear to it to be necessary or expedient for removing the difficultyit further provides that no such order shall be made under this section after the expiry of two years from the commencement of the proposed legislationit also provides that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament financial memorandumsub-clause (1) of clause 3 of the bill provides for establishment of an institution to be known as the regional centre for biotechnology (regional centre)2 clause 29 of the bill provides for payment of grants and loans to the regional centre by the central government, after due appropriation made by parliament by law, in this behalf3 clause 30 of the bill provides for the maintenance of a fund which shall be applied for meeting the expenses of the regional centre in discharge of its functions as specified under the proposed legislation the fund will consist, inter alia, of all moneys provided by the central government; all fees and other charges received by the regional centre; all monies received by the regional centre by way of grants, gifts, donations, benefactions, bequests or transfer; and all monies received in any other manner and from any other source it further provides that the fund shall be applied for meeting the salaries, allowances and other remuneration of chairperson and members of the board, chairperson of the programme advisory committee, academic staff, officers and other employees, of the regional centre or members of other committees set up by it4 a capital expenditure of rupees 5537 crores has been incurred towards setting up of the regional centre for biotechnology training and education at national capital region, faridabad, haryana, since 2009 the recurring expenditure on manpower requirements, consumables, office expenses, fellowships, meetings, travel, etc, is estimated to be in the range of rupees 25 crores per year to be met from the budgetary provision of the central government5 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislation sub-clause (1) of clause 41 empowers the board of governors of the regional centre to frame statutes with respect to the matters specified under sub-clause (2) which, inter alia, relate to creation of administrative, technical and other posts; the manner and purposes of co-operation or collaboration or association with any institution, including those located outside the country; establishing and maintaining centres and specialised laboratories or other units for research, development and instruction in india or outside india; instituting and award of fellowships, scholarships, studentships, medals and prizes; the manner of entering into agreements with other institutions, industrial or other organisations, including those located outside the country, for research and advisory services; declaring of other authorities to be the authorities of the regional centre; the manner of appointment of representatives from amongst the member states of unesco; the fees and allowances payable to members of the programme advisory committee and their term of office; and the constitution, powers and functions and the term of office of members of the executive committee, the finance committee, other authorities and of the board of studies2 sub-clause (1) of clause 42 empowers the programme advisory committee to make ordinances with respect to the matters specified under sub-clause (2) which, inter alia, relate to admission of students and their enrolment; the course of study; the conditions of award of the fellowships, scholarships, medals and prizes; the conduct of examinations; the conditions of residence of the students; the courses of study to be laid down for all degrees, diplomas and certificates including the medium of instruction and examination; the withdrawal of degrees, diplomas, certificates and other academic distinctions; the fees to be charged for courses of study and for admission to examinations, degrees and diplomas3 clause 43 of the bill empowers the authorities of the regional centre to make regulations for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by the proposed legislation, the statutes or the ordinances4 sub-clause (1) of clause 44 of the bill provides that every statute, ordinance and regulation shall be published in the official gazette sub-clause (2) of the aforesaid clause 44 specifies that every statute or ordinance or regulation made under the proposed legislation shall be laid before each house of parliament5 the matters in respect of which the statutes, ordinances 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———— a billto provide for the establishment of an institution of national importance to be known as regional centre for biotechnology and to provide for matters connected therewith or incidental thereto————(dr harsh vardhan, minister of science and technology and earth sciences)gmgipmrnd—4849ls(s3)—07032016 | Parliament_bills | 84d89dae-583b-5fc4-a3c3-59b26b4a8119 |
the hindustan tractors limi'ied (acquisition and transfer of undertakings) bill, 1978 l-lb bel as in troduced in ipk sabha 7 j 1 page 4, line 5,- rsu: "0 thee " ~ "other"2 page 7, line 27,-fill: "set cion " ~ "section" 3 page 7, line 29,-for "sub- sectaion n 1l!&l "sub- section" 4 page 14, line 13,-after "in to " in ser t "in " 5' - page 14, line 35',-before ''the state" insert "the custodian, or" 6 page 14, line 36,-omit "or the custodian" 7 page 17, line 3,-for "liariuties" read "liabilities" new delhi; march 3r 1978 phalguna 12, 1899 ( salta) transfer of undertakings) bill, 1978 arrangement of clauses chaptelt iprlaimin ary , c4usjc8 1 short title and commencement 2 definitions chapi'er ii acquismon and transfer of the under'l'aiongs of the company3 transfer to and vesting in the central government of the undertakings of the company 4 general effect of vesting s companyto be li$ble for certain prior liabilities 6 vesting o~ the undertakings of the company in the state g~vemment of gujarat 7 power of state government to direct vesting of the ~dertakings of the company in a government company chart~m payment of amomms8 payment of amount 9 payment of further amount chapter iv management, etc, of me 'undertakings of the company10 management etc, of the undertakings of· the company 11 duty to deliver possession of property a~quired and documents relating thereto 12 accounts to be rendered by the company or any other person 13 a'ccounts chapi'er v provisions relating to the employees of the company14 employment of certain employees to continue 15 provident fund and other funds chapter vi commissioner of payments clausm16, appointmept ,of commissioner of payments 17 payment 'by- the central government to the commissioner ----18 :certain powerl of the central goyemment or state go_d· ment or government company 19 claims to be made to the commissioner 20 priority of claims 21 examination of claims 22 admission or rejection of claims 23 disbursement of amount by the commissioner to claimants 24 disbursement of amounts to the company 25 undisbursed or unclaimed amount to be deposited to the gefterat revenue account 26 assumption of liability chapter vii'ii" ,'! miscellanious27 act to have overriding effect 28 provision relating to contratts 29 transfer of assets, etc, to be void in certain cases 30: protection "of action taken in good faith 31 ~enalties 32 offences by companies 33 delegation of powers 34 power of central government to make rules 35 power to remove diftlculties 36 declaration as to the policy of the state the schedule t ' the hindustan tractors limited (acquisition and transfer of undertakings) bill, 1978 a billto provtde for the acquisition and 'ttamfer of the undertakings oj hindustan tractors limited, vishwamitri, vadodara, for the purpose of ensuring the conti,nuity of ?"oduction of goods which are 'vital to meet the needs of the general public and for matters connected ,'therewith or' incidental thereto wllbri:4s hindustan tractors limited, vishwamitri, vadodara, are engaged in the manufacture and distribution o~ tractors which are vital to meet the needs of the genera} public; and whebeas the management of the undertakings of hindustan 5 tractors limited was conducted in a manner highly detrimental to the public interest and had suffered heavy losses; and' ~hereas the management of the undertakings of hindustan tractors limited was taken over by the central governm~nt under section 18a of ~ industries (development and regulation) act, 1951; 85 of 1951 10 and whereas it is necessary to ncquir~ the undertakings ot hfndustan tractors limited to ensure the continuance of the production of goods which are vital to meet the needs of, the general public; be it enacted by parliament in the twenty-ninth year of the republ1c e~ india as follows:- chapter i preliminary1 (1) this act may be called the hindustan tractors limited (acqui-s sition and transfer of undertakings) act, 1978 short title and commencement (2) it shall come into force on the 1st day of april, 1978 2 in this act, unless the context otherwise requires,-deftnltiona (a) "appointed day" means the 1st day of april, 1978; (b) "authorised controller" means the gujarat agro industries 10 corporation limited, ahmedabad, which took over the management ot the undertakings of the company by virtue of the order of the government of india in the ministry of industrial development no so 137 (e) /18a/idra/73, dated the 12th march, 1973, made under clause (b) of sub-section (1) of section l8a of the industries (deve-15 lopment and regulation) act, 1951; 65 ot 1951 (c) "bank" means-(i) the state bank of india constituted under the state 23 of 195~ bank of india act, 1955; (ii) a subsidiary bank as defined in the state bank of india 20 f 1 59 ,(subsidtr!'y banks) 'act, 1959; 38 0 9 - (iii) a corresponding new bank constituted under section 3 of tile billildng companies (acquisition and 'l'rahsfer of 'undertakings) act, 1970; 5 of 1970 (iv) any other bank, b\!ing a scheduled bank as defined in 25 clause (e) of section 2 of the reserve bank of india act, 193'; 2otl934 (~) ~'commis8ioner" means the commissioner of ,paymenta ap-, pqinted under section 16; ~ (e), "coln~any" ineans hmdustan tractors limited, 'be~g a 'eothtlahy as'de'ftlied ~n the compa~tes ae:t, 1956, and having its'~egis- 30 10tl956 tered office at vishwamitri, vadodara; -(n "'custodian" means the custodian appolttted linder tib~section (3) of sectlon 10 to take over, or carryon, themafiageim~tof the undertakings of the 'c~pany; , (g) "date of taking over" means the date on 'which the manage- 35 mept oj, the ,under~likings of the company was taken over by tbe authorised controller; (h)" "government c~mpany" has the meaning assignal to it by 1 of 1958 , section 617 01 the companies act, 1956; (i) "n'otification" means a notification published in the official 40 gazette; 'i 'b ',' (j) i prescri ed" act; means prescribed by rules made under tbii (ie) '!spedfied dam" means such date as the cmtral goftminent may, for the purpose of any provision o£ this aid, by botifteatifjft, epacify aad d4fterent dates may be specified for ~tpl'o'risions of w act; s ! of 1956 (l) "state government" means the state governtnent 6f gujarat; (m) words and· expressions used herein and not defined but defined il'1 the comparues act, i956, shall· have the meailings, resj>ecttvely, assigned to thetn in that act chaptti ii 10 acquisltion and transfer of the underta:kings of the compally-3 on the appointed day, the 'urdertaki1lgs of the 'compawy, "8114 ihe right, title and interest of hle company in relation to its uftdertakmp, shall, by virtue of this act, stand transferred to, and shall vest in, the is central government ' •• ~~ tranaf to and veatinl in the central government of the undertakings of the company general effect at veninl· 4 (1) the undertakings of the company referred to in section 31hal1 be deemed to include all assets, rights, lease-holds, powers, authorities and privileges, and all prop'ei'ty, movable and immovable, including lands, buildings, workshops, stores, instruments machinery and equip' 30 ment, bank balance$, cash balances, cash on hand, reserve funds, investments and book debts and all other rights and interests in, or ariling- out of, such property as were immediately before the appointed day ial,;cllle ownenhip, possession, power or control of the company, whether wlihin or outside india, and all books of account, registers and all other doau-2s ments of whatever nature relating thereto add shall be deemedio include the liabilities and obligations specified in sub-section (2) of seeton 5 (2) all property as aforesaid which have vested in the central government under section 3 shall, " forae (}f such -tihg, be :freed and discharged from any trust, obligation, mortgage chal1'!, lk!t1 'add 'all'other encumbrances affecting them, and any attaohment ldjuhcfiott, : decree 30 "r order of any court, tribunal, officer or other authority restricting the use of such property in any manner shall be deemed to mve beed withdrawn (3) where any licence or other instrument iii relation to \ the ulldertoldnas of the company bad been granted at my time: belate 'the ap-3s pointed day, to the company by the central governlnet\t,a (stttte government or any other authority, the central govemmen~, the state government of gujarat or, as the case may be, the goverruoent company, in which the right, title and interest of the cgmpany in relation to its undertakings have vested und~r section 7, shall, on and from ihe,awointed 40 day, be deemed to be substituted in such licence or other instrument in , pieee of the company referred to therein as if such lteellee or other instrument bad beeh granted to it and shall hold ·such '~nee tit 'the undertatmgs ormly part thereof specffted in such ot~'instrume'ntlf(trlthe re-4s mainder of the period for which 'the cornpanywould f have 'tiehl such licence or undertakings or any part thereof under such other instrument (4) every mortgagee of any property whicb has veste~ under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or othee interest s ' (5) for the removal of doubts, it is hereby declared that the mortgagee of any property referred to m sub-section (4) or any other person holdins any charge, lien or other interest in, or in relation to,' any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in 10 part, out of the amounts specified in section 8 and also out of the monies determined under section 9 but no such mortgage, charge, lien or other interest sball be enforceable against any property which has vested in the central government (6) if, on the appointed day, any suit, appeal or other proceeding of 15 whatever nature in relation to any matter specified in sub-section (2) of section 5 in respect of the undertakings of the company instituted or preferred by or against the company is pending, the same b,hall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the company or of anything contained ih 2 this act, but the suit, appeal or other p'i'oceeding may be continued prosecuted or enforced by or against the central government, or the state government, or where the undertakings of the company are directed, under section 7, to vest in a government company, that government company ~5 5 (1) every liability other than the liabilityspecifled in sub-section ·(z) ol the company in respect of any period prior to the appointed day, irhall be the liability of the company and shall be enforceable against it and not against the central government, or the state government, or where the undertakings of the company are directed, under section 7, to 30 vest in a government company, against that government company company to be liable for certain prior uabllitiel (z) any liability arising in respect of-(a) loads advanced by the central government or the state government, r both, totbe company (together with interest due thereon) on or after the date of taking over; 35 (b) loads advanced by a bank to the company' (together with interest due· thereon) on or ,iter the date of taking over; (c) loans advaaced· by the industrial reeonstruction ~rporation of india limited to the company (together with inietwt due thereon) or ~ lifter the date of taking ovel'; 40 (d) w salaries and other dues of employees of the company and the dues on ~count of any deduction made from 'wages and salaries add other dues of employees relating to any period eemmendng oil and from the date of taking over; i j, } ;",~ , (e) any debt ~curred by the company dul'ing any period cojd- 45 me~'w on add from the date of taldni over, not being a debt faluali1lder clause (a), clause (b), dause (c) or ela_so, (d) or speeuled,in category 1 of the sc:~dule; s shall oil and :from the appo'nted day, be the liability of the central government, or the state government, or the govel'lilnent company aforesaid and shall be discharged by the centnl government or the stlde govel'lllllellt, or the govemment company aforesaid as and when repayment of ,reh loans becomes~due or as and when sueb wares, a· , ries and other'dues and debt become due and payable (3) for the removal of doubts, it is hereby declared that,-10 is (0) save as otherwise expressly provided in this section or in any other provision of this act, no liability, including any liability 'arising out of any guarantee given by the state government in res· pect of any loan or advance given to 'the company but not including the liability specified' in sub-section (2), 01 :the company in relation to its under~akings in respect of any period prior to the appointed day, shall be enforceable against the central government, or the state government, or where the undertakings of the company are directed, under section 7, to vest in a government company, against that govemment company; 20 2s (b) no award, decree or order of any court, tribunal, officer or other authority in relation to the undertakings of the company, pas8-ed after the appointed day, in respect of any matter, claim or bispute, not being a matter, claim or dispute in relation to any matter referred to in sub-section (2), which arose before that day, shall be enforce-able against the central government, or the state government, or where the undertakings of the company are directed, under section 7, to vest in a government company, against that government company; (c) no liability incurred by the company before the appqinted day, for the contravention of any provision of law for the time being in force, shall be enforceable against the central government, or the state government, or where the undertakings of the company are directed, under section 7, to vest in a government company, against ithat government company , fi' (1) notwithstanding anything con~ned in sections 3 i and 4, the vea"", centr¥ q?verm;nent shall, as soon as may 'be, after the commencement of ot the 3s this act, 'direct, by notification, that the un~akings of tbe company, underand th~ rig~t" title and interest of the company in relation to i~ under- takin, takings, which have vested in the central government under section 3- , cg the and such of the liabijities of the company as are specified in i!ub-section in~::ny (2) :of,gection 5, wii, in5tead of continuing to vest in the central goy-state 40 ernment, vest in ,the state government\(\l gujarateither on the date of govern: the! notification or on such earlier or later-,date (i1ot being a date earlier ment of than the appointed day) as may be specified in the notification gnlarat (2) where the right, title and interest of the company in relation to its undertakings ,~d the liabilities of the company specified in iu~ 4s section (2) o:fi section 5 vest in the state government under subeection (1), the state government shall, on and from the date of such vesting, be d~med to have become the owner in relation to such undedakidgs, and ~ll the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be so deemed tohawe become the rights and liabilities, respectively, of the state government 7 (1) notw~tb&ttmding anything contained in sections 3, 4 and 6 t~strte g~filrnmellt:may, if it is satisfied that a government company is willing to £oidply, or has complied with such terms and conditions as that government may think fit to impose, direct, by notification, that the undertakings of the company, and the right, tiue and interest of 5 the company in relation to its undertakings and such of the liabiltti~ of the company as are specified in 'sub-section (2) of section 5, which have vasted in the central government under section 3 end thereafter in the state government under section 6 shall, instead of continuing to vest in the state government, vest in the government company either on the 10 date of the notiflcation or on such t!arlier or later date (not being a ~te earlier than the appojnted day) as may be specified in the noti1tcation power of btate government to direct vesting of the undertakings of the company ina government company ~) where the right, title and interest, and the liabilities specified d i' in 8ub-lt€!:tipn, (2) of section 5, ()f the company in relation to its under-~ vest in a government company under sulb-section (1), the gov- 15 emment company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such und~rtakings, and all the rights and liabilities of the central government or the state government in relation to such undertakings shall on and from the date of such vesting, be doeemed to have become the rights and liabilities, respectively, 20 of, the gownment company chapi'er iii payment of amountspayment 8 for the transfer to, and vesting in, the central goveml;dpt ~~r of ' ~f~n la,' of the undertaking of the comp~ny aq~ ole ri,gllt ti~ apo amolftlt : j ; \ inter~ of the c,ompany in relatiol) to its un,4ertekings, t~ere1i be ·lll jiwn: 'tty the central government to the omtpany, in cqjjh, 'i),el in the 30 •• ",( j m4rmer spedfled in chapter vi, an ~101l,nt of l'1,lpee5 one hw1,clred 'ijjj!i ' ; :~; flffy lakhs " ' payment of f"ftb,er amouj;l,t', i f1) for tbe deprintioft of the company of the management of its uniettainp, chere shan be gwen to the company by the central goveraent 8ft amount cal_ated at the rate of rupees ftfty thousand per 3s annum for the periodcommeneingon the date of taking over iidci ending on the ap,pointed day (z,) '!'he t speftfted in section 8 and the amount detennine4 udder sub-hdlon (1) sh u carry simple interest at the rate of four per cent per endtiid 'for the perted commencing on the appointed clay and ending 40 on die date on ~ch payment of saeh amounts is made by the central g-rnment to the commissioner db) th~ mounts determined in accordance with the pi'owsions - sub-scctions (1) and (2) shall be given by the central government to the company in addition to the amount specified in section 8 4s chapter iv management, etc, of the undertakings of the company10 (1) the state government in which the undertakings of the company and the right, title and interest of the company in relation to its s undertakings vested under section 6 shall be entitled to exercise au such powers and do all such things as the company is authorised to exercise and do in relation to its undertakings manaiement, etc, of the undertakings of the company (2) the general superintendence, direction, control and management of the affairs and business of the undertakings of the company, the right, 10 title and interest in relation to which have vested under section 3 in the central government and, under section 6, in the state government, shall,-(a) where a direction has been made by the state government under sub-section (1) of section 7, vest in the government coupany specifled in such direction; or is (b) where no such direction has been made by the state government, vest in one or more custodians appointed under sub-section (3), and thereupon the government company so specified or the custodian so appoint\>d shah be entitled to exercise all sooh powers and do all sueh 20 things i\s the company is authorised to exercise and do in relation to its undertakings (3) the state government may appoint one or more individuals ot a government company as the custodian of the undertakings of the company in' relation to which no direction has been made by it under sub-2s saetion (1) of section 7 11 (1) on the vesting of the management of the undertakings of the company in the state government under setcion 6, every person in whose possession or custody or under whose control any, property referred tb in sub-s~taion (1) of section 4 may be, shall deliver the property to 30 the state government forthwith duty to deliver possession of property acquired rnd documents relating thereto (2) any· person, who 'on the appointed day has in his possession or under his cotrtrol any books, documents or other papers relating to the urdertalt!ings of' the company which h4ts vested in the state government under section 6 and which belong to the company or, would hav£> 35 so belpnged if· the undertakings of the colilpany had not vested in the state government, shall be liable to account for the said books, documents or, other papers' tet the state government and shall deliver them up to the state government _ (3) the state government may take or cause to be taken all neces-40 sary steps for securing possession of all properties which have vested in that' government under this act (4) the central g9vernment may issue such directtiojis as' it may deem desirable' in the' circumstanees of the case to the state government as to its powers and, duties and the state government may also, 4s if it so desires, apply to the central government at any time for instrueti«ims as to the manner in" which the management of: the undertakings of the company shall be conducted bv it ()(' in- relation to anr other matter arising in th~ co~ of such managemen~, (5) on the vesting of the management of the undertakings of the company in a government company or in the custodian, the provisions of sub-sections (1) to (4) shall apply to, or in relation to, the government company or the custodian, as the case may be, as they apply to, or in relation to, the state government, subject to the modification that 5 the references to the state government shall be construed as references to the government company or the custodian, as the case may be 12 (1) where, in pursuance of any decree, order or injunction of 'lny court or otherwise,-accounts to be rendered by the company or any other person (a) the authorised controller was, after the date of taking over 10 and before the appointed day; and (b) the central government, the state government or the government company, as the case may be, is on or after the appointed day, prevented from taking over the management of any part of the under- is takings of the company, the company, or any other person in possession, custody or control of such part shall, within sixty days from the appointed -day, render accounts to the state government or the government company in relation to the period commencing on the date of taking over and ending on the date on which such part was or is handed over to the 20 authorised controller or, as the case may be the central government, the state government, or the government company, with regard to the-(i) assets and stores of the undertakings or any part thereof, acquired, utilised or sold during the said period; and (ii) income derived by the company or any other person from 25 the undertakings or any part thereof during the said period (2) if, on examination of the accounts referred to in sub-section (1), any income or other moneys is or are found to have been derived by the comnany or any other person from such undertakings or any part thereof during the period referred to in that sub-section or any other 30 moneys are found to be payable, such income or either moneys shall be recoverable by the central government, the state government or the government company from the company or such other person, as the ~ase may be, and from the amount payable under this act to the companv and the debt due to the central government, the state govern- 35 ment or the government company on this account shall rank as an unsecured debt (3) if no account is rendered by the company or such other person in respect of _ the undertakings or any part thereof within the p~riod referred to in sub-section (1) or if the central government, the state 40 government or the government company, as the case may be, has any reason to believe that the account rendered by the company or such other person is incorrect or false in any material particular, the cerltral government, the state government or the government company may refer the matter to the commissioner and thereupon the commissioner shall determine the income derived by the company or such other per- 45 son from such undertakings or any part thereof during the period refer-j!ed to in sub·section (1) and take steps to recover the said income or other moneys from the company or such other person and from the amount payable to the company under this act as if the debt due to the central government, the state government or the government 50 company on this account were an unsecured debt (4) no mortgage, charge, lien or other encumbrance in relation to the undertakings of the company or any part thereof shall be binding on the central government, the state government or the government company, if such mortgage, charge, lien or other encumbrance was 5 created, at any time during the period in which the authorised controller was, and the central government, the state government or the government company, as the case may be, is, prevented, by any decree, order or injunction of any court of otherwise, from taking over the management of the undertakings or any part thereof accounts, 10 13 the custodian sball maintain accounts o~ the undertakings of the 1 of 1956 company in accordance with the provisions of the companies act, 1956 chapter vemployment of certaita employees to continue provisions relating to the employees of the company 1' (1) every person who has been, immediately before the appointed is day, employed in any of the undertakings of the company shall b !come, on and f'rom the appointed day or such later date, as the case may be, an employee of the state government or, as the case may be, of the government company in which the right, title and interest of the' company in relation to its undertakings, have vested under this act, and shan hold 20 office or, service under the state government, or the government company, as the case may be, with the same rights and privileges uta pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the state government, or the government 2s company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the; state government, or by the government company, as the case may be 14 of 1947 (2) notwithstanding anything contained in the int1uslrial disputes act, 1947, or in any other law for the time being in force, the transfer of 30 the services of any officer or other person employed in any of ~e undertakings of the company to the state government, or the government company, shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other 3s authority - -(3) where, under the terms of any contract of service or otherwise, any person, whose services become transferred to the state government, or the government company, by reason of the provisions of this act, is entitled to any arrears of salary or wages or any payment for any leave 40'hot availed of or any other payment, 'not being payment by way of ~at11ity or pension, such person may, except to the extent of such liability which has been taken over by the central government or the state government or the government company under sub-section (2) of section 5 enforce his claim against the company, by which he was employed imme-45 diately before such transfer but not against the central government, of ~e state government, or the government company provident fund and other fundi 15 where moneys representing provident fund, superannuation £'und, welfare fund or other fund for the benefit of the persons employed in any of the undertakings of the company have vested in an authority establish-50 ed under any law for the time being in force, such moneys shall continue to vest in such authority for the benefit of the said penlons commissioner of pa ymi4n'l'8appointment of 16 (1) th" central goverament shau, for the purpose of disburplw the amoudb pa,ya),le, to the ~pany under sections 8 'and 9, hy iagtification, appoint a commissioner of 'payments 5 commis~ sioner of payments (2) :the1cenual goverlulient olay appoint sum otber persods ,its it mar think fit, to assist the commissioner and :tbereupou the commi-iodcr authorise 'one or more of such persons also to exercise all or any of the j)owers exereisable by 'him under this act and 'difterent persons tnay be authorised ,to ~rtise·mfferent powers 10 (3) any person authorised by the commissioner to exercise any of the powers exerdsable by the commissioner may exercise those powers in the same manner and with the same etlect as if they have been conr1erad on tbatpanon dil!edly by' this act and net by y _-authorisation (4) the laries and allowances of the commissioner and otberper· is sods qpointed udder this section shall be defrayed out of the consolicla" fund of iadia 17 (1) the central government shall, within thirty days' from the 'specified date, pay, in cash, to the commissioner, for payment to the 'company-:w (a) an amount equal to the amount specified in sectwn 8, and payment by the central government to the commissioner (b) an mllount equal to the amount payable to the company under section 9' (2) a deposit accnunt shall be o~ned hy the cent?al govemment in fa\'our of the commissioner, in the public account of inrli'8/, and every 25 amount paid under this act to the commissioner shall be deposited by him to the credit of, the said deposit account and thereafter the said deposit account shall be operated by the commissioner (3) the interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit 30 of the company 18 (1) the central government, or the state government, or the government company, as the case may be, shall be entitled to receive up to ,the specified date, to the exclusion of all other persons, any money due to the company, in relation to its undertakings which have vested in 3s the central government, or the state government, or ,the government cl'>mpany, realised after the appointed day notwithstanding that the reaiusation pertains to a period prior to the appointed day certain powers of the central government or state government or government company, (2) the central government, or the state government, or the government company, as the case may be, may malce a claim to the commissioner 40 with regard to every payment made by it after the appointed day for'discharging any liability of the company, not being any liability specified !insub-section (2) of section 5, in relation to any period prior to the appointed dfty; and every such claim shall have priority in accordance with the priorities attaching, under this act, to the matter in relation to which 45 such liability has been discharged by the central government or uae state government, or' the government company (3) save as otherwise provided in this act, the liabilities of the company in reapect of any transaction prior to the appointed day, which have not been discharged on or before the rpecitiled date, shall be the liabilltii!s of the company s 19 every person having a claim against the company shall pref~r such claim before the commissioner within thirty days from the speoified date: claims to be made to the commis-, sioner provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within: tm c;aid period of thirty days, he may ,enter~in ~he claim within a further period 10 of thirty days and not thereafter priority of claims , 130 the claims arising out of the matters specified in the &meeiule shall have priorities in accordance with the following principles, nametly:-(a) category i shall have precedence over all other cakgories and category 11 shall have precedence over category iii, and so on; 15 (b) the claims specified in each of the categories, except category iii, shall rank equally arid be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; 20 (c) the liabilities specified in category iii shall be discharged subject to the priorities specified in this section, in accordance with the terms of the secured loans and the priority, inter se, of such loans; and 25 (d) the question of discharging any liability with regard to a matter specified in a lower category shall arise only u a surplus is left after meeting all the liabilities specified in :the immediately higher category 2l (1) on reoeipt of the claims made under ~tion 19, the commis-examinasionershall arrange !the claims in the oilder of priorities specified in the tion of 30 schedule and exantine ,the same in accordance with such order of claims priorities (,2) if, on examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to ex8-35 mine the claims in respect of such lower category admission or rejection of claims %z (1) after exammina ·the claims withre£erence to the priorities set out in the schedule, the commissioner l'hall fix a date on or helott" which every claimant shall rue the proof of his claim faili~ which he will be excluded from the benefit of the disbursement made by the com-40 missioner (2) not less than fourteen days' notice of the date so fixed shall be given by advertisem~nt in one issue of a daily newspaper in the english ,1aqjuageand in one issue of such daijy newspaper in the regional language as the ·commisiioner may consider suitable, and every such notice shall 45 j!a11 upon the claimant to file the proof of his claim with the commissionei within the time specified in the advertisement (3) every claimant who fails to file :the proof of his claim within the time specified by the commissioner shall be excluded from the disburseme'nts made by the commissioner (4') the commissioner shall, after such investiga:tion as may, in his opinion, be necessary and after giving the company an opportunity of 5 refuting 'the claim and after giving the claimant a re3sonable opportunity of being heard, in writing, admit or reject the claim in whole or in part 15 ot 1908 (5) the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, includ-ing the place or places at which he will hold his sittings and shall, for 10 the purpose of making an investigation under this act; have ,the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:-(a) the summoning and e'nforcing rthe attendance of any witness and examining him on oath; j 5 (b) the discovery and production of any document or other material object producible as ev,idence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses 20 (6) any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and the commissioner shall be deemed to be a civil 45 of 1860 court for the purposes of, section 195 and chapter xxvi of the code of criminal procedure, 1973 2 s 2 of 1974 (7) a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office ofi the company is situated: provided that where a person who is a judge of a high court is 30 aptkrlnted to be the commissioner, the ap'peal shall lie to the high court of gujarat, and such appeal shall be heard and disposed of by not less than two judges of that high coutt 23 after admitting a claim under this act, the amount due in respect 3s of such claim shall be paid by the commissioner to the person or persons to whom such sums are due and, on such payment, the liability of the company in respect of such claim shal~ stand discharged ' disbursement- of amount by the commil sioner to claimants 24 (1) if, out of the monies paid to him in relation to the undertakings of the company, there is a bal:lnce left after meetin:~ the liabilities as 40 specified in the schedule, the commissioner shall disburse such balance to the company disbursement of amounts to the compatl" (i) where the possession of any machinery, equipment or other property, has vested in the central government, or the state government, or the government company, under this act, but such machinery, equipment or other property doe!" not belong b the company, i,~ shall be 5 lawfud for the f!entral government, or the ~ate government or the , government company ito continue to poss~ such machinery or equipment or other property on the same tenns and conditions under which they were possessed by the company immediately before the appointed day 10 25 any money paid to the commissioner which remains undisbursed or unclaimed for a period of three ye>ars from ithe last day on which the disbursement wac:; made shall be transfetrred by the commissioner to the general revenue account of the central government; but a claim to any money so transferred may be preferred to the central governmenl~ by 15 the person entitled to such payment and shall be dealt with 118 if such traruter had not heen made, the order, if any, for payment of the claim being treated as an order for the refund of the revenue undisbursed or unclaimed amount to be deposited to the general revenue account assumption of liability 26 (1) where any liability of the company arising out of ':any item specified in category i, category -ii and categol'y in of the schedule is 20 not disch8l'ged fully by the commissioner out of the umount paid to him under this act, the commissioner ,hall intimate in writini to the central government the extent of that liability which remaill'l undischarged and that liability shall be assumed by the central government (2) on the vesting of the undertakings of the company in the state 25 government or the government company under this act, the liabt1ity assumed by the central government under sub-section (1) shall be the liability of the state government or the government company, as the case may be chapter vii 30 miscellaneousact to have overriding effect 27 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 act, or in any decree or order of any court, tribunal 35 or other authority provision relating to contracts 28 (1) every contract entered into by the company in relation to its undertakings before the date of taking over for any service, sale or supply, and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from the appointed day, 40 cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government or the state government or the government company and, in ratifying such contract, the central government, the state government, or the government company, as the case may be may make such alterations or modifications 45 therein as it may think fit·~ (2) every contract entered into by the company or the authorised controller on behalf of the company, in relation to its undertakings i)n or after the date of taking over for any service, sale or supply and'in force immediately before the appointed day shall remain in force, unless sooh contract is terminated or modified or altered by the central gov- 5 emment, the state government or the' government company, as the case, may be, within a period of one hundred and eighty days from' the appointed day (3) the central government, the state government or the government company, as the case may be, shall not refuse to ratify, terminate, 10 modify or alter a contract wrder sub-section (i) or sub-seetlon (2)-(a) unless it is satisfied that such contract is unduly onerous or has been entered into bad faith or is detrimental to the interests of the undertakings of the company; and orransfer of eesets etc, to be wid in c~rtbin c3ses (b) except after giving to the parties to such contract a reasonable is opportunity of being heard and recording in writing its reasons for refusal to ratify the contract or for terminating the contract or, for making any alteration or modification therein m (h except with the prior approval of the central government, the state government or the government company, neither the compally 20 nor any other person in possearlon of the undertakings oi the company or any part thereof the management or the' possession of' whieh could not be taken over by the authorised controller or the central government or the state government or the government company by reason of any decree, order or injtldeticm of any court or otherwise shall, on and from 25 th~ appointed day transfer by sale, mortgage or otherwise any property or other assets forming part of the undertakings of the company and any such transfer without such prior approval, shall be void and inoperative (2) any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to 30 two years, or with fine which may extend to ten thousand rupees, or with both protection of action taken in good faith 30 (1) no suit, prosecution or other legal proceeding shad lie against the central government or any officer of that govemment; or the state government, or the government company, or any officer of the 35 state government or the custodian or the government company or other person authorised by the central government, or the state government, or the government company f('lr anything which is in good faith done or intended tl) be done under this act (2) no suit or other legal proceeding shall lie against the central government or any officer or other employee of that government, or the 40 state government or the custodian or the povernment company, or any offteer or other employee of the state government or of the' gover-nment company or other person authorised by the state governmellt, or the government company for any damage caused or likely to be caused' by, 45 anythin~ which is in good faith done or intended to be done ujllder this act; 31 any person who,-penaltiel (a) having in his possessirm, custody or control any property forming part of any undertaking of the company wrongfully withc holds such property from the central government, or the state s government, or the government company; or (b) wrongfully obtains possession of, or retains, any property forming part of any undertaking of the company or wilfully withholds or fails to furniah to the central 'government, or the state government, or the government company, or any person 'or body 5 of persons specified by that government, or the state government, or the government company, any document relating to such undertaking which 'may be in his possession, custody or control or fails to deliver to the central government, or the state government, or the government company or any person or body of persons specified 10 by the central government, or the state government, or the government company, any assets, books of account, regitjters or other documents in his possession, custody or control, relating to the undertaking of the company; or (c) wrongfully removes or destroys any property forming part 15 of any undertaking of the company or prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which m~y extebd to two years, or with fine which may extend to ten thousand rupees, or 20 with both 32 (1) where an offence under this' act has been committed by a offences company, every person who at the time the offence was committed w81!l by com in charge of, and was responsible to, the company for the conduct of panies the business of the company, as well as the company, shall be deemed 25 to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge 017 that he had exercised all due 30 diligence to prevent the commission of such offence (z) notwithstanding anything contained in sub-section (1), where any offence wlder this act has been committed by a company and it is proved that the offence has ooejl committed with the co~t or connivance of, or is attributable to any neglect on the part of, any director, 35 manager, secretary, or other officer of the company, such dir~ctor, manager, secretary or othes officer shall be deemed to be guilty of that offence and shah be liable to be proceeded agairujt add pwlished accordingly explanation-for the purpbses of this section,-40 (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 33 (1) the central government may, by notification, direct that all delegation or any of the powers exercisable by it under this act, other than tlie of powers power conferred by section 34, may also be exercised by such person or persons as may be specified in 1,;be notifi~~tjon -- - (2) whenever any 'delegation of power is made under sub-section \2), the person tp whom such power has been delegated shall act under the direction, control and supervisiolt ot the central government power of 34 (1) the central government may, by notification, make rules central for carrying out the provisions of this act government to make rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the time within which, and the manner in which, an inti~ mation shall be given to the commissioner under sub-section (4) of 10 section 4; (b) any other matter which is required to be, or may be, prescribed (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 is parliament, while it is in session for a total period of thirty days, which may be comprised in one session or i!l 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 20 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 35 if any difficulty arises in giving effect to the provisions of this 25 act, the central government may, by order, not inconsistent with the proyisions of this act, remove the difficulty: power to remove diftlcu1-ties provided that no such order shall be made after the expiry of a period of two years from the appointed day 36 it is hereby declared that this act is for giving effect to the 30 policy of the state towards securing the principles specifted in clause (b) of article 39 of the constitution declaration to the polley of the state explanation-in this section "state" bas the same meaning as in article 12 of the constitution - the schedule(see sections 5, 20, 21, 22, 24 and 26) order of priorlties 110ft the discharge of liajulltii's of the company part apost-take-over management period 5 category i loans advanced by the gujarat agro industries corporation for carrying on any trading or manufacturing operations partbpre-take'-over management period 10 category ii arrears in relation to the provident fund, salaries, wages and other amounts ~ue to the employees of the company category iii secured loans is category iv revenue, taxes, cesses, rates or any other dues to the central government, a state government, a local authority or a state electricty board category v 20 (i) any credit availed of by the company for the purpose of carrying on any trading or manufoacturing operations (it) any other dues statement of objects and reasonshindustan tractors limited, vaciodara, was a private company wholly owned by its nominees for various reasons including mismanagement, the company began to show steady decline in production and incurred heavy losses, facing imminent closure after investigation into the affairs of this company, the management of its undertakings was taken over by !the oentral government on the 12th march, 1973, under the industries (development and regulation) act, 1951, and was entrusted to the gujarat agro-industries corporation being the authorised controller the period of the management will expire on the 11th march, 1979 the company is engaged in the manufacture of agricultural tractors after the take over of the management of the undertakings of the company the production in the company which had come to a standstill in november, 1972, has progl'tillively improved the net losses have come down from the level of rs 80 lakhs for the year ending march, 1973 to rs 9 lakhs for the year ending march, 1977 and during 1977-78 they expect to achieve a nominal net profit of rs 1 lakh after careful consideration of the whole matter and with a view to improving the technical and economic viability of the undertakings, the central government have decided to acquire the undertaking's of the company and vest them in the state government of gujarat 2 at the time of· take over of the management of the undertakings of the company, it was clear that it was not possible for the company to meet all its past dues accordingly, the central government issued an order on the 26th april, 1973, under section 18fb of the industries (development and regulation) act, 1951, suspending the operation of all the contracts, agreements, settlements, etc, in force immediately before the take over and also payment of the liabilities as on the date of the take-over, excepting those telating to banks and financial institutions the period of this order, which cannot exceed five years in aggregate, expires on the 25th april, 1978 immediate action is, ,therefore, required to be taken to acquire the undertakings of the company by legislation it has, therefore, been decided to introduce a bill in the current session of parliament the bill seeks to acquire the undertakings of hindustan tractors limited new d~hi; george fernandes the 25th february, 1978 president's recommendation under article 117 of the constitution of india[copy of letter no 5 (55) /76-aei (ii), dated the 22nd february, 1978 from shri george fernandes, minister of industry to the secretary, lok babha] the president, having been inf<lrmed of the subject matter of the bill to acquire the undertakings of the hindustan tractors limited "the hindustan tractors limited (acquisition and transfer of undertakings) bill, 1978", by act of parliament, recommends, under clauses (1) and (3) of article 117 of the constitution, the introduction of the said bill and its consideration by lok sabha sub-clause (2) of clause 5 of the bill provides that the liability arising in respect of loans advanced by the central government, state government, banks and industrial reconstruction corporation of india limited to the company after the management of the undertakings of the company had been taken over by the central government and the wages, salaries and other dues of the employees of the company and any debt incurred by the company, other than those mentioned above, in respect of the period after the management had been so taken over, but, excluding the liabilities specified in category i of the schedule to the bill, shall on and from the appointed day, be the liability of the central government, the state government of gujarat or the government company, as the case may be, and shall be discharged by the central government, state government or the government company as and when repayment of such loans or amounts, or such wages, salaries and other dues, become due and payable it is estimated that the expenditure on this accollnt will be of the order of rs 3,92,00,000 2 clause 8 of the bill provides for the payment in cash, and in the manner specified in chapter iii of the bill, an amount of rs 1,50,00,000 for vesting in the central government, the right, title and interest of hindustan traotors limited in relation to undertakings owned by it 3 sub-clause' (1) of clause 9 of the bill provides for payment of further amount in cash, in consideration' for the deprivation of the company o£ the management of its undertakings, an amount calculated at the ,rate of rs 50,000 per annum, for the period commencing on the date on which the management of the undertakings of the company was taken over by the central government and ending on the 1st april, 1978, that is the appointed day it is estimated that this amount wlll be of the order of rs 250,000 4 sub-clause (2) of clause 9 of the bill provides for payment of simple interest on the amount specified in clause 8 and sub-clause (1) of clause 9 at the rate of four per cent per annum for the period commencing on the appointed day and ending on the date on which paymenrt; of such amount is made by the central government to the commissioner of payments it is estimated that the interest'lipayment in terms of the provisions of the said sub-clause is likely to be about rs 50,000 per month 5 clause 16 of the bill provides for the appointment of commissioner of payments by the central government with adequate staff to assist him for the pw1>ose of cusbursing the amount payable to the company the ~alary and allowances of the commissioner of payments and his staff and expenditure on office and establishment will be defrayed out of the consolidated fund of india the estimated expenditure (in trus account is likely to be rs 16,000 per month 6 clause 26 of the bill provides for assumption of liabilities to the extent that it is not met up to and including category iii (secured loans) ot the schedule attached to the bill it is estimated that the shortfall on this account in payment due to the banks would be of the order of rs 1,50,00,000 this will be assumed by the central government and transferred immediately ,to the state government of gujarat or the government company as the case may be 7 the bill, if enacted, is not likely to involve any other recl&u mg or non-recurring expendi·ture memorandum regarding delegated legislationclause 34 of the bi1:l empowers the central government to make rules to carry out the prov~ions of the bill among other things to provide for the time wirthin which, and the manner in which, an intimation referred to in sub-clause (4) of clause 4 of the bill shall be given the matters in respect of which such rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of aegislative power is, therefore, of a normal character ' a billto provide for the acquisition and transfer of the undertakings of hindustan tractors limited, vishwamftri, vadodara, for the purpose of ensuring the continuity of production of goods which are vital to meet the needs of the general publi'c and for matters connected therewith or incidental thereto (shri george fernandes minister oj ind'u8try) | Parliament_bills | 85a9bfa9-3bd6-5a92-9074-4ddc65ffb5b9 |
the \\ql~king journalistc ijfji q'llu t-il1~is?l-u:i!j:l ehpwyees (conditions of service) and miscellaneous pro'lisiohs ( amendivjent) bi ll, 1979 ( to be/as introduced in lok sabba) 1 - page 1 , in the long title,-fq1: lin e 1rsp ap er s 11 read "ne wsp 'lper 11 2 page 3, line 14, -for "fixing ("if" read "fixing or" 3 page 5, line 14, -for "employee s' ii read "employers' " 4 page 8, line 2,-for "news!? ap ers ii read "newsp apeh ,t new delhi; februar~~ 19~ magtia 2~~ , 900 aka) bill no 15 of ist79!l'lie woriqng joubnalists and other newspaper em-ployus (conditions of service) and miscelianeous provisions (amendment) bill 1979 bill further to amend thb working jo'urruuists and othe1-newspapers emp1dyess (clonditions of service) and mi'jcellaneous provisions act~ 195~ uotllllwhereas the wage board constituted under' section 9 of the working jcltltqau"ts and other newspaper employees (conditions of ~rvice) and :miscellaneous provisions act, 1955 by the notification of the government of india in the ministry of labour, no s0 809, dated the 6th february, s 1976 for fixing and revising rates of wages in respect of wo,rking journalists and the wage board constituted under section 13c of the said act hy the n9mfteatiol'l ef the gowmment of india in the 141j7istry o~ labour, no so i, 41ated the 11th june, 1975 for fixing and revjsulg rates of wages in respect of non-journalist newspaper employees have not been 10 able to function effectively; and whereas the consequent delay on the part of the said boards in making thefr recommendations to the central government has impeded the making of proper provision for securing to working journalists and non",;oul'jullist newspaper employees just conditions of work; 15 and whereas for dealing with the situations referred to in the foreg~pa1"ogmph8 ~ matters risillg therefrom it is necessary in the wie mterest to make alternative 8lt8qgements for the purpose of fixing and revising rates of wages in respect of worldng journalists and in r~spect of non-jaumalist newspaper employees under the said act and 20 ijiereby securing to them speedtly just conditions of work; be it ted ~ par-liament in the thirtieth year of the republic of india as follows:-i ~!l} this act may be caned the workuj,g joumausts and other ii per ~ees(conditions of8eryice) and ~us pro-25 '\rib (ameadmetlt) ad, mg shc;ri title and commencement (i) it shall be deemed to ha~ @6me into fqrce on the 31st day of january, 1(179 il _ 2 in section 2 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions ad, 1955 (hereinafter referred to as the principal act), after clause (e), the fohowing clause shall be inserted, namely:-'(ee) "tribunal" means,-s (i) in relation to working journalists, the tribunal constituted under section 13aaj and (ii) in relation to non-journalist newspaper employees, the tribunal constituted under section 13'ddj' 3 in chapter ii of the principal act, after section 13a, the following 10 section shall be inserted, namely:-insertion of new section 13aa constitution of tribunal forftxing orrevisingrates otwages in respect of workingjournalists "13aa (1) notwithstanding anything contained in this ad, where the central government is of opinion that the board consti tuted under section 9 for the purpose of fudng or revising rates of wages in respect of working journalists under this act has not been is able to function (for any reason whatsoever) effectively, and in the circumstances, it is necessary so to do, it may, by notification in the official gazette, constitute a tribunal, which shall consist of a penon who is, or has been, a judge of a high court or the supreme court, for the purpose of fixing or revising rates of wages in respect of working journalists under this act ' 20 (2) the provisions of sections 10 to 13a shall apply to, and in relation to, the tribunal constituted under gub-section (1) of this section, the central government and working journalists, subject to the modifications that--2s (a) the references to the board therein, wherever they occur, shall be construed as references to the tribunalj (b) in sub-section (3) of section 11,-(i) the reference to the office of chairman or any other member of, the board shall be construed as a reference to the 30 office of the person constituting the tribunal; and (ii) the reference to section 9 shall be construed as a reference to sub-section (1) of this section; and (c) the references in section 13 and section 13a to section 12 shall be construed as references to section 12 read with this sec- 3s tion (3) the tribunal, in discharging its functions under this act, may act on the evidence recorded by the wage board or partly recorded by the wage board and partly recorded by itself: provided that ifi the tribunal is of opinion that further examina- 40 tlon of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as it may permit, th~ wjtjl~~ ,hall be discharged (4) on the constitution of a tribunal under sub-section (1), the board constituted under section 9 and functioning immediately before such constitution shall cease to exist and the members constituting that board shall be deemed to have vacated their ofdces: s provided that any interim rates of wages fixed by the central government under section 13a in respect of working journalists and in force immediately before the constitution of the tribunal shall remain in force until tlieorder of the central government under section 12 read with this section comes into operation" 10 4: in chapter iia of the principal act, after section 130, the 'following section shall be inserted, namely:-insertion ott new section 13dd is constitution oi tribunal forflxing or revisingrates of wages in respect otnonjournalist 20 paper employees 1113dd (1) notwithstanding anything contained in this act, where the central government is of opinion that the board constituted under section l3c for the purpose of fixing of revising raies of w- ia respect of non-journalist newspaper employees under this act has not been able to function (for any reason whatsoever) effectively, and in the circumstances, it is necessary so to do, it may, by notification in the official gazette, constitute a tribunal, which shall consist of a person who is, or has been, a judge of a high court or the supreme court, for the purpose of fixing or revising rates of wages in respect of non-journalist newspaper employees under this act (2) the provisions of sections 10 to 13a shall apply to, and in relation to, the tribunal constituted under sub-section (1) of this section, the central government and non-journalist newspaper employees, subject to the modifications that-(a) the references to the board and working journalists therein, wherever they occur, shall be construed respectively as references to the tribunal and to non~ournalist newspaper employees; 30 (b) in sub-section (3)0,£ section 11,-3s (i) the reference to the office of chairman or any other member of the board shall be construed as a reference to the office of the person constituting the tribunal; and (ii) the reference to section 9 shall be construed as a reference to sub-section (1) oil this section; and (c) the references in section 13 and section 13a to section 12 shall be construed as references to section 12 read with this section (3) the tribunal, in discharging its functions under t~s act, may act on the evidence recorded by the wage board or partly recorded by the wage board and partly recorded by itself: 4s provided that if the tribunal is of opinion that further examination o~ any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may re-summon any inch witness, and after such further examination, cross-examination and re-examination, if any, as it may permit, the witness shall be discharged, (4) on the constitution of a tribunal under sub-section (1), the board constituted under section 13c and functioning itnmedlafely before such constitution shall cease to exist and the members constituting that board shall be deemed to have vacated their omeei: provided that any interim rates of wages fixed by the central 5 government under section 13a read with section 13d in respect 'of non-journalist newspaper employees and in force immediately before the constitution of the tribunal shall remain in force until the order of the central government under section 12 read with this section comes into operation" 10 amerdm,etlt of iiectioa 19 5 in section 19 of the principal act, after the words "member of the board", the words "or the person constituting the tribunal" shall bf! inserted ameddmed,tof llec:tion 20 t in section 20 o~ the principal act, in clause (d) of sub-tloa(2), after the word "board", the wer&; "or, as the cue may be, the ~al," 1'5 shall be inserted ',~ 3 of 1979 7 (1) the working journalists and otmr newspaper bployees (conditions of service) and miscellaneous provisions (antenc!ment) ordinance, 1979 is hereby repealed (2) notwithstanding such repeal, anything done or any action faken 20 under the principal act as amended by the said ordil'llriae shall be deetned to have been done or taken under the principal ad as adl8'l1ded by this act statement of objects and reasonsthe central government constituted, under the working journalists and other newspaper empl10yees (conditions of service) and miscellaneous provisions act, 1955, two wage boards, one for non-journalist new~ paper employees and the other for working journalists, on the 11th june, 1975 and 6th february, 1976 respectively on the 1st april, 1977, the central government, on the recommendations of the wage boards, notified interhn wage rates for these employees under section 13a, read with section 13d, of the act soon after this, some newspaper managements filed writ petitions in various high courts challenging the 'fixation c1l interim wage rates on various grounds the constitution of the wage boards was also challenged ori the ground that the two independent member9 on the wage boards were not really independent later, in december 1977, the employees' representatives wrote to the central government that they were withdrawing from the wage boards because their respective organisations desired them to do so under the circumstances, further sittings of the wage boards had to be po9tponed 2 the government made several efforts to resolve the deadloot 'l'tie employees' representatives put forward some concrete propoi8clsfor ending the li'talemate, but these proposals were not acceptable to the employers' oarganisations no other alternative proposals acceptable to both sides and within the framework of existing boards and theact under which the boards have been set up, emerged the wage boards were therefore advised to proceed with their work on 28th august, 1978 writ petitim1s were flied by the indian and eastern newspaper society and others in the high court at bombay, challenging the emstitutioll of the wage boards and praying that the members of the wage boards (other than the employers' representatives) be restrained from hoidid&' or proceeding with any meetings of the wage boards an interim injunction order was passed by the bombay high cow-t on 9th september, 1978 allowing the prayer of the petitioners this was confirmed on 10th october, 1m around thi9 time, the employers' representatives on the two wage boards sent in their resignations to the government as a result, the wage boards could not proceed with their work 3 ai; no other solution except making alternative arrangements for dispgsal of the work entrusted to the boards could be found and as it became urgently necessary to make such alternative arrangements so as to secure speedily just conditions of work to non-journalist newspaper empl<1yee8 and working journalists, the president promulgated on the 31st january, 1979 the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions (amendment)' ordinance, 1979 this ordinance provided for the constitution of a tribunal consisting of a person who is or has been a judge of a high court or the supreme court in place of each such board and the abolition of such boards upon the constitution of such tribunals and for the continuance of the interim wages notified by the government after taking into account the recommendations of 9uch boards the ordinance also empowered each tribunal to regulate its own procedure and to act in its discretion on the evidence recorded by the board in place of which such tribunal had been created 4 the present bill seeks to replace the aforesaid ordinance nilw ddm; the 14th febrl/4'11l, 1979 ravlndra varma , clause 3 of the bill seeks to insert a new section 13aa, w bile clause 4 of the bill seeks to insert a new section 130d in chapter iia of the principal act sub-section (1) of the said new section 13aa provides for the constitution of a tribunal for fixing or revising rates of wages in respect of working journalists, while sub-section (1) of the other new section 13do provides for the constitution of a tribunal for fixing or revising rates of wages in respect of non-journalist newspaper employees the expenditure that will be involved as a result of the constitution of the tribunal aforesaid would depend upon the periods for which such tribunals may have to function, the number of witnesses that such tribunals may call and the travelling allowances that will have to be paid to irlch witnesses, the staff that, may be employed for assisting such tribunals, etc as a matter of economy, the same person has been appointed to both the tribunals constituted under the relevant provisions of the ordinance which the bill seeks to replace it is estimated that the non-recurring expenditure, which may be involved with respect to both the tribunals, would be of the order of about rs 1 lakh and that the expenditure on salaries, allowances and other items of recurring expenditure would be about rs 2 lakhs for one year if the tribunals complete their work in less than a year, there will be a corresponding reducuon in the expenditure on recurring items and if the tribunals continue for a period longer than one year, there will be a corresponding increase in such expenditure it is estimated that expendi"-ture as aforesaid will also be incurred as and when similar tribunals are set up in future it may also be mentioned that in view of the fact that a tribunal can be constituted only in place of a wage board, whenever a tribunal is con9tituted, the wage board concerned will stand abolished and there would, therefore, be a corresponding reduction in expenditure the bill does not involve any other expenditure of a recurring or nontecurring nature memorandum regarding delegated legislationclause 6 of the bill seeks to amend sub-section (2) of section 20 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955, to empower the central government to make rules to regulate the procedure to be followed by the tribunal constituted under new section 13aa or section 13dd the central government has already been empowere-d to make rules to regulate the procedure to be followed by the wage board constituted under section 9 or section 13c the power of making rules will be confined to matters of procedure 2 the delegation of legislative power is, therefore, of a nonna! character j : empiloyimls (conditions of smvice) and mlllcellanbous pliovisions aer, 1955' (45 of 1955) - - - - - z in this act, unless the context otherwise requires,-- - - - - chapi'er ii working journalists - - - - - chapter ii-a inon-journalist newspaper employees - - - - - chapter iv m!scellanidous - - - - - indemnity 19 no suit, prosecution or other legal proceeding shall lie against the chairman or any other member of the board or an inspector appointed under this act for any thing which is in good faith done or intended to be done ~ - - - - - 20 (1) - - - - power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any o~ the following matters, namely:-• - - - - (d) tne procedure to be followed by the board in the discharge of its functions under this act; - - - - a bill further to amend the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (shri ravindra varm4, minister of parliamentmy affairs and labour) | Parliament_bills | be485876-652b-5438-b473-ee45c9ce621e |
bill no lxi of 2016 the constitutional (amendment) bill, 2016 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitutional (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification,in the official gazette, appoint statement of objects and reasonsdespite several attempts being made by individuals and social organisations, no perceptible progress is seen in the matter of achieving the objectives of developing scientific temper and spirit of inquiry and reforms in the societythose who propagate progressive thoughts are murdered during daylight and, shockingly, culprits go scot-free even in cases where charge sheets are filed after long delays, it is difficult to presume that any justice would be donepeople in the name of religion spread superstitions openly and television channels do not lag behind, in spreading their messages and earn fortunes same is the case of fake astrologers who have answers to all the problems from marriages, divorce, love affairs, business issues, child births, relations, court matters to political fortuneschildren are pressed with legs for giving the child godly blessings, thrown from a height and shockingly, are advised to sacrifice at the altar of 'god'the 'godmen' who are respected in the society do not speak a word about the need of eliminating superstitious beliefs in society some of them are pampered by society both in india and abroad others have left eminent business houses behind by becoming producers of consumer goods at a speed that no genuine businessman in india could achieve or even think ofit is, therefore, high time that society by and large realize the game plan of fake people who are out to demolish the spirit of inquiry and reformhence this billshantaram naik annexure extracts from the constitution of india51a fundamental duties—it shall be the duty of every citizen of india— (h) to develop the scientific temper, humanism and the spirit of inquiry and reform ———— a billfurther to amend the constitution of india————(shri shantaram naik, mp)gmgipmrnd—4929rs(s3)—10-03-2017 | Parliament_bills | 46765a41-1712-58ba-a4b7-cccee9e00b57 |
schedule iv [see section 2(4)]amendment to the constitution (dadra and nagar havel) schedule > castes or der, for entry 4, substitute— "4 mahayavanshi" schedule v [see section 2(5)] amendment to the co! institution (pondicherry) scheduled cafter entry 15, insert— "rs orees ies "16 puthirai vannan", statement of objects and reasons41 and 342 of the constitution, the list of the es was first notified in 1950 and this list was equesis were received from the state governhe list, such as correction of spelling 'errors, strictions, checking linguistic as per the provisions of articles 3 scheduled castes and the scheduled trib modified from time to time a number of r ments for removing certain anomalies in @ inclusion of synonymous communities, imposing area re: and phonetic variations and clubbing certain entries, etc 2 the above requests have been processed as per the modalities approved by the duled castes, the scheduled tribes and minorities on cabinet cornmittee on the sche he state governments/union territory adminis- 15th june, 1999, after consultation with ¢ trations concerned, the registrar general of india and the national commission for the scheduled castes and the scheduled tribes, the list of scheduled castes is proposed to be amended for 18 states and union territory administrations in respect of 81 communities ndments in the constitution scheduled castes orders ly fall under the following categories, namely:— 3, the proposed ame (amendment) bill, 2001 broad (i) inclusion of synonyms in respect of a caste in the existing list; (id clubbing castes in the existing list, which are similar to one another from social and anthropological point of view; s in spelling of the caste, in the existing list, keeping in view the (iii) correction: linguistic and phonetic variations; of area restriction in the specific castes in the existing list, (iv) imposition ive social, educational and economic position; keeping in view relati (v) inclusion of new castes based on social, educational and economic backwardness; (vi) modifications in the existing entries in accordance with directives of hra vs, state of orissa (oic hon'ble high court of orissa in the case of narayan beh no 247 of 1978) and the supreme court in bhaiya ram munda vs anirudh patar (alr 1971 sc 2533); and s from the list, in respect of the states of arunachal nagar haveli (vii) deletion of communitie: pradesh, kerala and the union territory of dadra and s to achieve the above objectives 4 the bill seek: new delhi, the 22nd august, 2001 maneka gandhi financial memorandumn the existing list of scheduled caste and the bill seeks to include 8 communities i modify the list in respect of 49 other communities in different states and union 'territories this will entail-additional recurring and non-recurring expenditure on account of benefits to be provided to the persons belonging to these communities under continuing schemes, meant for welfare of the scheduled castes the bill also seeks to exclude 24 communities from the existing list of scheduled castes 2, it is not possible to estimate the likely additional expenditure to be incurred on this account at this stage however, the expenditure, whether recurring or non-recurring, will be met out of the consolidated fund of india annexure extracts from the constitution (scheduled castes) orper, 1950(c0 19) 1 the schedule part l—andhra pradesh ey 9 beda jangam, budga jangam ae % 11 byagara 1 ey 14 chamar, mochi, muchi _ x 23: godagali 30 kolupulvandiu 35 mala : 52 pambada, pambanda a parr iii—bihar ' 6 chamar, mochi 9 dhobi 10 dom, dhangad aa 20 pan, sawasi ¥ parr iv—gujarat ed 4, bhambi, bhambhi, asadaru, asodi, chamadia, chamar, chambhar, chamgar, haralayya, harali, khalpa, machigar, mochigar, madar, madig, mochi, nalia, telegu mochi, kamati mochi, ranigar, rohidas, rohit, samgar 5, bhangi, mehtar, olgana, rukhi, malkana, halalkhor, lalbegi, balmiki, korar, zadmalli 30 kavara part v—haryana a - x 34 kuravan, sidhanar fa 9 chamar, jatia chamar, rehgar, raigar, ramdasi, ravidasi 37, mannan 23 mazhabi ~~ 39 moget 25 nat xe % 44, padannan 34 sapela 49, panchama 36, sikligar 50 paraiyan, parayan, sambavar 5\ paravan parr vil—karnataka 52 pathiyan 53, perumannan 17 banjara, lambani 54 pulayan, cheramar 55 pulaya vettuvan 23 bhovi 60 semman 53, koracha 54 korama 65 vannan 66 velan part vin—kerala ' 68 vettuvan 9 bandi part ix,—madhya pradesh 11, bellara t 36 mahar, mehra, mehar 12 bharatar - 13 boyan [excluding the areas comprising the malabar district as specified by sub- parr xiil-—orissa section (2) of section 5 of the states reorganisation act, 1956 (37 of 1956)] x 19, gavara 2 amant, amat 20 godagali 21 godda 10 bauari 26 kakkalan 24, dewar 28 kanakkan, padanna 42, kandra, kandara extracts from the constitution (scheduled castes) (union territories) orper, 1951 (c0 32) 45 kela part l—delhi | | | | | ||------|------|------|------|------|56 mala, jhala, malo, zala 29, nat (rana) ra cy cd 69, pan, pano part il—chandigarh oe | | | | | ||------|------|------|------|------|86 siyal 4, batwal pa | | | | | | % ||------|------|------|------|------|------| part xiv—punjabpart hl—daman and diu | ed | oe | | | ||-------|-------|------|------|------|5 batwal 2 chambhar | | | | | ||----|----|------|------|------|| | | | | |t= 23 mazhabi extracts from the constitution (jammu and kashmir) scheduled castes orper, 1956(co 52) part xxi—arunachal pradesh| | | | | ||------|------|------|------|------|1 bansphor i 4 chamar or ramdasia 2 bhuimali or mali 5 chura 3 brittial bania or bania | | | | | ||------|------|------|------|------|4 dhupi or dhobi 7 doom or mahasha e 5 dugla or dholi | oe ||------------|| 6 || hira || 7 || jalkeot || 8 || jhalo, || malo || or || jhalo-malo || 9 || kaibartta || or || jaliya | extract from the constitution (dadra and nagar haveli) scheduled castes orper, 1962 (co 64)10 lalbegi _ tt mahara 4 mahayavanshi, dhed ~ 12 mehtar or bhangi 13, muchi or rishi 14, namasudra 15 patni 16 sutradhar | Parliament_bills | b61d3477-e1ed-58bc-b014-4674d9bfe542 |
annexure extract fromthe constitution of indiaspecial provisions as to financial bills 117 (1) abill or amendment making provision for any of the matters specified in subclauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the president and a bill making such provision shall not be introduced in the council of states: provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax (2) a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes (3) a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of india, shall not be passed by either house of parliament unless the president has recommended to that house the consideration of the bill 207 (1) a bill or amendemnt making provision for any of the matters specified in sub- special provisions as to financial bills clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the governor, and a bill making such provision shall not be introduced ina legislative council: provided that no recommendation shall be required under this clause for the moving of anamendment making provision for the reduction or abolition of any tax (2) a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes (3) abill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of india, shall not be passed by a house of legislature of the state unless the governor has recommended to that house the consideration of the bill 274 (1) no bill or amendment which imposes or varies any tax or duty in which states are interested, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to indian income-tax, or which affects the principles on which under any of the foregoing provisions of this chapter moneys are or may prior recommendation of president required to bills affecting taxation in which states are interested be distributable to states, or which imposes any such surcharge for the_purposes of the union as is mentioned in the foregoing provisions of this chapter, shall be introduced or moved in either house of parliament except on the recommendation of the president (2) in this article, the expression "tax or duty in which states are interested" means— (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any state; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the consolidated fund of india to any state i < | Parliament_bills | 07ac5b3a-a52f-5f32-b636-ada994c2be40 |
bill no 50 of 2011 the special financial assistance to the state of gujarat bill, 2011 by shri cr patil, mp a billto provide for special financial assistance to the state of gujarat for promoting the welfare of girl child, reduction of maternal and infant mortality rate and welfare of agricultural labourers in the statebe it enacted by parliament in the sixty-second year of the republic of india as follows:—2 there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may by due appropriation provide, as special financial assistance to the state of gujarat to meet the costs of such schemes of development, as may be undertaken by the state for the purpose of:—special financial assistance to the state of gujarat5(i) eradication of the problem of malnutrition from the state; (ii) implementation of schemes aimed at improving the health of girl child,increasing sex-ratio, improving educational standards of the girl child;(iii) implementation of schemes aimed at encouraging the education of girlstudents belonging to families living below poverty line;10(iv) providing for welfare measures aimed at improving the condition ofagricultural labourers; and(v) providing for measures aimed at lowering of infant mortality rate, improvingthe maternal health and promoting institutional delivery in the state3 the provisions of this act shall be in addition to and not in derogation of any other law to be made by parliament or for the time being in force15act not in derogation of any other law statement of objects and reasonsthe state of gujarat needs assistance from the central government for the successful completion of various schemes being undertaken at present with an aim to improve the standard of life of the people, improve the sex-ratio and level of education and health condition of the girls, to encourage the girl students of families living below poverty line to pursue higher education and also to provide incentives for people living below poverty line to pursue higher education moreover the condition of agricultural labourers in the state is far from satisfactory and their welfare and protection is of paramount importance central assistance to the state is also needed for further reduction in the maternal and infant mortality rateshence the bill seeks to provide special financial assistance to the state of gujarat for meeting the above objectivesnew delhi;cr patilaugust 1, 2011 financial memorandumclause 2 of the bill provides that there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may by due appropriation provide, as special financial assistance to the state of gujarat to meet the costs of such schemes of development, as may be undertaken by the state for the welfare of women and agricultural labourersthe bills, therefore, on enactment, will involve expenditure out of the consolidated fund of india for providing special financial assistance to the state of gujarat as the sums of moneys which will be given to the state of gujarat as special financial assistance by appropriation by law made by parliament will be known only after the welfare schemes to be implemented by the state government are identified, it is not possible to give the estimates of recurring or non-recurring expenditure, which would be involved out of the consolidated fund of india at this stage———— a billto provide for special financial assistance to the state of gujarat for promoting the welfareof girl child, reduction of maternal and infant mortality rate and welfare of agriculturallabourers in the state————(shri cr patil, mp)gmgipmrnd—854ls(s3)—10-08-2011 | Parliament_bills | 1a959438-4dfe-56fd-bc7e-dfd282f28b40 |
annexure extracts from the indian divorce act, 1869 (40f 1869)| | ||----------|-------|| alimony | || pendente | lite |36 in any suit under this act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, the wife may present a petition for alimony pending 'the suit such petition shall be served on the husband; and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just: provided that alimony pending the suit shall in no case exceed one-fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be | | | | | ||------|------|------|------|------| x1—custopy of children| power | to | make ||----------|-------|---------|| orders | as | to || custody | of | || children | in | suit |41 in any suit for obtaining a judicial separation the court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may, if it think for separation fit, direct proceedings to be taken for placing such children under the protection of the said court | | | | | ||------|------|------|------|------| extracts from the parsi marriage and divorce act, 1936 (3 of 1936)| | ||----------|-------|| alimony | || pendente | lite |39 where in any suit under this act, it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the suit, it may, on the application of the wife or the husband, order the defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the suit, as, having regard to the plaintiff's own income and the income of the defendant, it may seem to the court to be reasonable | | | | | ||------|------|------|------|------| v—-children of the partiescustody of children 49, in any suit under this act, the court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody maintenance and education of the children under the age of eighteen years, the marriage of whose parents is the subject of such suit, and may, after the final decree upon application, by petition for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such final decree or by interim orders in case the suit for obtaining such decree were still pending | | | | | ||------|------|------|------|-----| extracts from the special marriage act, 1954 (43 or 1954)alimony pendente lite 36 where in any proceeding under chapter v or chapter v1 it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the court to be reasonable 38 in any proceeding under chapter v or chapter vi the district court may, from time custody of children to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were siili pending extracts from the hinpu marriaace act, 1955 (25 or 1955)24 where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife maintenance pendente lite and expenses of proceedings or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable custody of children26 in any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously make | Parliament_bills | af6ab168-08a8-50bd-8045-687d1748827e |
2 2 "all 1968 bill no • , of i" the west bengal appropriation bill, 1968 billto authorise payment and appropriation of certain junket' iumi from and out of the consolidated fund of the state of west bengal for the services of the financial year 1967~68 be it enacted by parliament in the nine1eenth year of the republic of india as foilows:-1 this act may be called the west bengal appropriation act, short title 1968 s 2 from and out of the consolidated fund of the state of west issue of bengal there may be paid and applied sums not exceeding those ape- ri 28,84, cified in column 3 of the schedule amounting in the aggregate to :~:3 and the sum of twenty~s!x crores, elghty-fo"r lakhs, forty thousand out of the consoliseven hundred and thirty-three rupees towards defraying the sevedated fund ral charges which will come in course of payment during the finan-;;a:e of cial year 1967-68, in respect of the services specified in column 2 of west ben- the schedule gal for the financial year 1987-88 3 the sums authorised to be paid and appued from and out of the , ~ppropria- consolidated fund of the state of west bengal by this act shall be on appropriated for the services and purposes expressed in the schedule in relation to the said year sums not aceeclida no of vote servicea and purposes voted by ~ pilliamellt total consolidard fuad -10 as a jb r--~ and assignments • 2,;1s'-' 2 payment of compensation to lan4-bolders, etc, on the abolition of the zamindari system 1,145 1,145 state bxcise dutiea 12,67,000 12,67,000 3 taxea on vehicles 1,17,000 1,17,000 registration fees 6,60,000 660000 4 - 9 interest oil debt and other obliptions ,017000 9017,000 ii parliament, state/union territory legislature ",000 19000 administration of justice 604000 ~ 13 jail~ ~86000 24,86,000 14 police s ssooi) 15 17 misceilaneoul departments-bxcludiq fire services ij,i»o 13000 bducation so,ji2s 5~,a:a5 19 medical 7,262 7262 20 30 ~i public health 587 5'7 {~n~' 65os 6505 capital outlay on schemes of agricultural improvement add rea~kh - 1014 1,014 agriculture-fisheries 2,442 2>442 22 23 sums not exceeding -----------------------~----i----------------------------mo of vflt seryice lad purpoioi 5 voted by charged parliament on the total consolidated fund rio rio rio 10 q qapltal ouday on schelftel of govern-jjlodt tradin-preater calcutta milk supply scheme 21) indultries-cinchona 2, community development project1, - national bnentlon servici and i,local deftjopment worn 33' m1ecel1aneous" '~ocial and developmel'ltal organisation_bxcluding welfare of scheduled tribes and clites and other backward cia 34 public works 31 pamine ~elief 4,55,22,000 20 2,01l0 4"24010 40 prl", pun nd au, f ladian ru1en 42 porat 43 miscellaneous--contributions 99,26,000 2s 44 {miceilan~u8_0ther miscellaneous :expenditure ; : capital ouday on oth~r worb 30 2j>41,000 2348,000 [ miaceuancoui-itrkovvable leans to displaced penons written off 4' ~ ~ [ publi!= :pebt-:-leanl for dllplac~ pmodl , i" y - - 1 expenditure connected with the national binergettcy 577 577 49 capital oullay on public works 7,55,000 7:5,,000 ; 35 1,36,933 so· ,capital ou~ay on schemes· of government trading , ,i· public debt o 52 loane and advances by state/union territory governments 1,08,84000 total' this bill is introduced in pursuance of articles 304(1) and 206 of the constitution and the proclamation issued under article 358 of tbe constitution in respect of the state of west bengal on the 20th pebl'\l8l'1, 1888 to provide for the appropriation out of the consolidated fund of the state of west bengal of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the state of west bengal and the grants made by the loic: sabha for expenditure of the government of west bengal for the financial year 1987-88 kora&jl 1>1&\[ : ' pltbdentrs l\ico:ifmbndalpi014: 'unomt: article :2or or : i'hti cons'l'l'rotlon· or dwia[copy of letter no f 3 (17)-b/68, dated the 12th march, l- froid shri morarji desai, deputy prime minister and minister of rtnance to the secretary, lok sabbaj the p_dent, having been informed of the lubjeet mathn: of the proposed bill to authorise payment and appropriation of certain further 8udli from and out of the conaolldated fund of the state of welt bengal for the services of the year ending on the 31at day of march, i, ~omm'ellda under clauses (1) and (3) of article 207 of the constitution read with article s05 thereof uld the·prociamation dawe! the 20th pebruary, 1988, islued under &rucle _, the introduction of the west bengal appropriation bill, 18881a the lot sabha anel ajio the ccmaldemtioll of \he bill z the bid will be introduced la the lot sabha aftar au 8upplmdelltary demaiuii for grants fort 118'l~ 'ie ha vow $ , - ; "" ~' a bill to authorise payment and appropriation of certain further '1(' aumi,from18lld'out,j)f~~~f~ ·~~ts,~, of \vest bcrigal'for ~ ,;thc,; acrvicel" ot: :'dae financial year (i,," : ]967-68" ,~ ,,-, _ ~ ~ , " ',- ,',', '\ : • d • oj ~',i ~ , i ':i ~ ' , ~~ " i,,: i';' :j;~,:;''h' ~ ,- ~ : ," ~'/ '; ii ;: '!"'; , ,'; ~ ', - " :, :') :,,' ("" i, · ··~i< ~~~ l:,~·~ ', ~~-~-;-:: , , ' ',' "t· ~, ~ "" ~" t'· ~: ,::i~":' ~:: ~:\); ' ::; ~ ,: '\ !'" ,r, i:-·:if"~·~ ~ t',l'a 1i \ ,~ : ,:!'t !"": ~i' '~'i'!~li·<;'t': ~:·~~·\_;i '~;:,,' | Parliament_bills | c37b8526-5b61-55b9-b210-688b0426aea1 |
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 small family norm hence this bill new deu; 4 - bachi singh rawat november 18, 2004 financial memorandumclause 6 of the bill provides that any person who procreates only one child and gives aking that he shall not procreate another child shall be provided with accommodation dised cost and ration items from fair price shops at reduced 'price by the central ent the bill, therefore, if enacted, would involve expenditure from the consolidated 3 india it is likely to involve a recurring expenditure of about rupees one hundred memorandum regarding delegated legislation- clause 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 | 4c93a3d7-c65b-5c9d-bbf1-a2c4403f19c4 |
the declaration of assets and liabilities by supreme court, high court and subordinate court judges bill, 2009 a billto provide for declaration of assets and liabilities by judges of supreme court, high courtand subordinate courts to a designated authority; to provide for rights to the central government to call for information on declaration of assets and liabilities and; to provide for penalty for non-declaration or forged declaration of assets and liabilities and for matters connected therewith and incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the declaration of assets and liabilities by the supremecourt, high court and subordinate court judges act, 2009short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effect 2 in this act, unless the context otherwise requires,—definitions(a) ''appointed day'' means the first day of january, 2009 (b) ''assets and liabilities'' means assets and liabilities in and outside india andincludes movable and immovable property(c) ''judge'' includes magistrate, sub-judges or any other person performing judicial functions under the judicial set up by whatever name called(d) ''prescribed'' means prescribed by rules made under this act53 (1) every judge of the supreme court, high court and subordinate court shall, within forty-five days of the coming into force of this act make, in such form as may be prescribed, a declaration of all—(a) his assets and liabilities; (b) the assets and liabilities of his spouse; (c) the assets and liabilities of each of his children on the appointed day10(2) where a person who on the commencement of the act is not a person to whom this act applies becomes thereafter a person to whom this act applies, he shall, within forty-five days of his appointment, make a declaration of his assets and liabilities as on the day of his appointment15(3) the declaration of assets and liabilities that a judge is required to make under subsection (1) or sub-section (2) shall, unless such person ceases to be a judge, be made periodically in every third year after the first declaration of assets and liabilities or at such shorter periodic intervals as the parliament may by resolution determine4 the declaration of assets and liabilities shall be made in the following manner:—(a) to the president—by the chief justice of india20to whom declaration of assets and liabilities are to be made(b) to chief justice of india—by supreme court judge, chief justice of high court and judges of high court(c) to the chief justice of high court—by session judge, district judge and other subordinate judges2522 of 20055 the central government shall have the right to call for and refer to any declaration of assets and liabilities made by the supreme court, high court and subordinate court judges and such information shall also be made available to any citizen under the provisions of the right to information act, 2005power to refer to declaration of assets and liabilities6 (1) in case a judge—30(a) who fails without reasonable cause to make any declaration of assets and liabilities which he is required to make under section 3; or(b) who makes any false statement in any such declaration; ornondeclaration or false declaration of assets and liabilities(c) who otherwise contravenes any other provisions of this act,70 of 1971the matter shall be dealt under the contempt of court act, 1971 as if it is the contemptof court35power to remove difficulties7 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, notinconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:40provided that no such orders shall be made after the expiry of the period of three yearsfrom the date of commencement of this actact to have overriding effect8 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the act shall be in addition to and not derogation of any other law for the time in force45power to make rules9 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsof late, controversies have been generated on the issue of declaration of assets by the judges of the supreme court the central information commission has opined that the information relating to assets and liabilities of the judges comes under the preview of right to information ( rti) act, 2005 and, therefore, it should be made available to the citizens on the other hand, the judiciary feels that the information which is available with the chief justice of india does not come under the preview of the rti act and, therefore, the information relating to assets and liabilities of judges which is available with the chief justice of india cannot be given under the rti it is being largely felt that there should not be any objection to the judges in declaring their assets and liabilities or making available this information to the citizens as the law stands today, even the members of parliament are bound to declare their assets and liabilities within a specified period after taking oath as members of parliament in order to put the controversy at rest it is felt necessary that there should be a mandatory provision for declaration of assets and liabilities by the supreme court, high court and subordinate judgeshence this billmahendra mohan memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the billthe rules will relate to details only the delegation of legislative power is of normal character ———— a billto provide for declaration of assets and liabilities by judge of supreme court, high court andsubordinate courts to a designated authority; to provide for rights to the central government to call for information on declaration of assets and liabilities and; to provide for penalty for non-declaration or forged declaration of assets and liabilities and for matters connected therewith or incidental thereto ————(shri mahendra mohan, mp) | Parliament_bills | c83a48dd-9ba1-5cd8-87c4-add2e88a30a2 |
bill no 187 of 2014 the national capital territory of delhi laws (special provisions) amendment bill, 2014 a billto amend the national capital territory of delhi laws (special provisions) second act, 2011be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the national capital territory of delhi laws (special provisions) amendment act, 201420 of 2011amendment of long title52 in the national capital territory of delhi laws (special provisions) secondact, 2011 (hereinafter referred to as the principal act), in the long title, for the words, figures and letters "for a further period up to the 31st december, 2014", the words, figures and letters "for a further period up to the 31st day of december, 2017" shall be substitutedamendment of preamble103 in the principal act, in the last paragraph of the preamble, for the words, figuresand letters "for a period up to the 31st december, 2014", the words, figures and letters "for a period up to the 31st day of december, 2017" shall be substitutedamendment of section 14 in the principal act, in section 1, in sub-section (4), in the opening portion, for the words, figures and letters "it shall cease to have effect on the 31st day of december, 2014", the words, figures and letters "it shall cease to have effect on the 31st day of december, 2017" shall be substituted5 in the principal act, in section 3, ––amendment of section 35(a) in sub-section (3), for the words, figures and letters "till the 31st day of december, 2014", the words, figures and letters "till the 31st day of december, 2017" shall be substituted;10(b) in sub-section (4), for the words, figures and letters "at any time before the31st day of december, 2014", the words, figures and letters "at any time before the 31st day of december, 2017" shall be substituted statement of objects and reasonsthe phenomenal growth of delhi had its inevitable implications and impact in terms of shelter, including squatter settlements, and other infrastructure facilities this has led to problems of encroachment on public land, growth of slums, unauthorised constructions, large scale commercialisation of residential areas and inadequacy of housing2 further when master plan for delhi-2021(mpd-2021) was being prepared, in order to protect certain forms of unauthorised developments from punitive action, the delhi laws (special provisions) act, 2006 was enacted on 19th may, 2006 which was effective for a period of one year this was followed by similar acts which were also effective for one year each however, the national capital territory of delhi laws (special provisions) second act, 2011 was effective for a period of three years and is expiring on the 31st december, 20143 as per the provisions of the said act of 2011, orderly arrangements had to be made for relocation or rehabilitation of slum dwellers and jhuggi-jhompri clusters; regulation of street vendors; regularisation of unauthorised colonies, village abadi areas and their extensions and existing farm houses; regularisation of schools, dispensaries, religious and cultural institutions, storages, warehouses and godowns built on agricultural land; redevelopment of existing godown clusters and building regulations for special areas4 while progress has been made in evolving the policies, norms and strategies towards implementation of the act, more time is needed to bring in orderly arrangements keeping in view the current ground realities in the national capital territory of delhi further the norms, policies and guidelines for unauthorised developments, including complexities in regularising unauthorised colonies, may also need to be appropriately modified to bring them in conformity with revised mpd-2021 the review of mpd-2021 is likely to be completed in early 20155 the objective of the extension of time is not only to protect certain forms of unauthorised developments from punitive action in the national capital territory of delhi but also to provide for opportunity to the government agencies to finalise the norms, policy guidelines and feasible strategies as well as the orderly implementation of the plan in this regard6 in view of above, it is necessary to extend the provisions of the national capital territory of delhi laws (special provisions) second act, 2011 (20 of 2011) for a period of three years from 1st january, 2015 to 31st december, 2017new delhi;the 12th december, 2014 annexure extracts from the national capital territory of delhi laws (special provisions) second act, 2011 (20 of 2011)an act to make special provisions for the national capital territory of delhi for a further period up to the 31st day of december, 2014 and for matters connected therewith or incidental thereto and whereas it is expedient to have a law in terms of the master plan for delhi, 2021, in continuation of the said acts for a period up to the 31st day of december, 2014 to provide for relief and to minimise avoidable hardships and irreparable loss to the people of the national capital territory of delhi against any punitive action by any agency in respect of the persons covered by the policies referred to above1 (1) short title, extent, commencement and duration10 of 1897(4) it shall cease to have effect on the 31st day of december, 2014, 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 act3 (1) enforcement to be kept in abeyance(3) all notices issued by any local authority for initiating action against encroachment or unauthorised development in respect of areas 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, 2014, if—(a) it is constructed prior to the dates specified for different areas as enumerated in sub-section (2);(b) it conforms to the safety standards as in force or such other safety requirements as may be notified by the central government; and(c) it complies with the directions with respect to safety, if any, issued by the central government:provided that in case punitive action is required to be taken by any local authority, prior approval of the administrator of the national capital territory of delhi or the officer authorised by him in this behalf, shall be obtained by the authority or officer concerned (4) notwithstanding any other provision contained in this act, the central government may, at any time before the 31st day of december, 2014, withdraw the exemption by notificaion in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be ———— a billto amend the national capital territory of delhi laws (special provisions)second act, 2011————(shri m venkaiah naidu, minister of urban development)gmgipmrnd—3589ls(s3)—12-12-2014 the national capital territory of delhi laws (special provisions) amendment bill, 2014 [to be/as introduced in lok sabha]1 in the title of the bill,- for "the national capital territory of delhi laws (special provisions) amendment bill, 2014" read "the national capital territory of delhi laws (special provisions) second (amendment) bill, 2014" 2 page 1, line 3,- for "amendment act, 2014" read "second (amendment) act, 2014 " 3 page 1, line 6,- for "31st december, 2014" read "31st day of december, 2014" 4 page 1, line 9,- for "31st december, 2014" read "31st day of december, 2014" new delhi; december 15, 2014 ______ agrahayana 24, 1936 (saka) | Parliament_bills | 70d6f6f6-02c5-548f-9218-2fb0b7273c6b |
the commencement of this act shall be construed in relation to any state or part thereof as a reference to the coming into force of that provision in that state or part thereof, 2 in this act, unless the context otherwise requires,— definitions (a) "accident" means an accident involving a fortuitous or sud- © den or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property or environment but does not include an accident by reason only of war or radio-activity; (b) "bench" means a bench of the, tribunal; (c) "chairman" means the chairman of the tribunal; (d) "environment" includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism 14 and property; (e) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion, offering for _ sale, transfer or the like of such hazardous substance; (f) "hazardous substance" means any substance or preparation: which is defined as hazardous substance in the environment (protection) act, 1986, and exceeding such quantity as specified by the central government under the public liability insurance act, 1991; (g) "judicial member" means a member of the tribunal ap- 2: pointed as such under this act, and includes the chairman or a vice-chairman who possesses any of the qualifications specified in sub-section (3) of section 11; (kh) "member" means a member (whether judicial or techni cal) of the tribunal, and includes the chairman and a vice- chairman; (i) "notification" meang a notification published in the official gazette; : (j) "prescribed" means prescribed by rules made under this act; ? (k) "rules" means the rules made under this act; (1) "technical member" means a member of the tribunal who is not a judicial member within the meaning of clause (g); (m) "tribunal" means the national environment tribunal established under section 9; (n) "vice-chairman" means the vice-chairman of the bunal;explanation—in the ease of the tribunal having two or more vice-chairmen, references to the vice-chairman in this act shall be construed as a reference to each of those vice-chairmen; and (o) "owner" means a person who owns, or has control over 5 handling, any hazardous substance at the time of accident and includes,— (i) in the case of a firm, any of its partners; (ii) in the case of an association, any of its members; and (iii) in the case of a company, any of its directors, mana- 10 gers, secretaries or other officers who is directly in charge of, and is reponsible to, the company for the conduct of the business of the company, ) compensation for death of, or injury to a person and15 damage to property and environment 3 (1) where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident, the ownér shall be liable to pay compensation for such death, injury or damage under all or any of the heads specified in the schedule 20 (2) in any claim for compensation under sub-section (1), the claimant shall not be required to p'ead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person explanation—for the purposes of this section,— 25 (i) "workman" has the meaning assigned to if in the workmen's compensation act, 1923; (ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident, (3) if the death, injury or damage caused by an accident cannot be 30 attributed to any individual activity but is the combined or resultant effect of several such activities, apportions and processes, the tribunal may apportion the liability for compensation amongst those responsible for such activities, apportions and processes on an equitable basis, 4 the central government may, by notification, exempt from the 35 operation of this act any owner, namely: - (a) by the person who has sustained the injury; (b) any state government; (c) any corporation owned or controlled by the central government or a state government; or 40 (d) any local authority liability to pay compensation in certain cases on principle of no fault exemption from liability 5 (1) an application for claim for compensation may be made—(a) by the person who has sustained the injury; application for claim for compensation (b) by the owner of the property to which the damage has been caused; : (¢) where death has resulted from the accident, by all or any of the legal representatives of the deceased; (d) by any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be; ' (e) by any representative body or organisation, functioning in 1 the field of environment and recognised in this behalf by the central government, under all or any of the heads specified in the schedule; or (f) by the central government or a state government or a local authority under all or any of the heads specified in the 1 schedule; - provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not 20 so joined shall be implealed as respondents to the application (2) any claimant making an application under sub-section (1) may also make an application before the tribunal for such relief as is provided in the public liability insurance act, 1991: provided that no such application shall be made if the relief has 25 been received by the claimant earlier or an application made by the claimant to the collector under the said act is pending and has not been withdrawn, (3) the tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of the matters specified in the public 30 liability insurance act, 1991 as the collector has and may exercise and, 6 for this purpose, the provisions of that act shall have effect subject to the modification that the references therein to the collector shall be construed as including a reference to the tribunal (4) every application under sub-section (1) shall be made to the 35 tribunal and shall contain such particulars and shall be accompanied by such documents and such fee, not exceeding one thousand rupees, as may be prescribed: | provided that no fee shall be payable by a person whose annual income is below the prescribed limit or by a representative body or 40 organisation referred to in clause (e) of sub-section (1) or by the central government, a state government or a local authority (5) no application for compensation shall be entertained unless it is made within five years of the occurrence of the accident, ode6 (1) on receipt of an application under sub-section (1) of section 5, the tribunal may, after such inquiry as it may deem fit, reject the application summarily (2) where the tribunal does not reject the application under sub- 5 section (1), the tribunal may, after giving notice of the application to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or each of the claims and may make an award determining the amount of compensation which appears to be _ just and specifying the person or persons to whom such amount of 9 compensation shall be paid (3) 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 of any rules, the tribunal shall have power to regulate its own procedure 15 including the fixing of places and times of its inquiry (4) the tribunal shall have, for the purpose of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian 25 evidence act, 1872, requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; ; (f) reviewing its decisions; 30 (g) dismissing an application for default or deciding it ex-parte; (h) setting aside any order of dismissal of any application for default or any order passed by it ex~parte; and (i) any other matter which is to be or may be prescribed, 7 notwithstanding anything contained in any other provisions of this 35 act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application unless— (a) copies of such application and of all documents in support of the plea for such interim order are furnished to the party against 40 whom such application is made or proposed to be made; and (b) opportunity is given to such party to be heard in the matter: procedure and powers of tribunal condilions as to making of interim ordersprovided that the tribunal may dispense with the requireme of clauses (a) and (b) and make an interim order as an 'excep measure if it is satisfied, for reasons to be recorded in writing, th it is necessary so to do for preventing any loss or damage bein, caused to the applicant which cannot be adequately compensated money but any such interim order shall, if it is not sooner va cated cease to have effect on the expiry of a period of fourteen days fro the date on which it is made unless the said requirements have bee} complied with before the expiry of that period and the tribuna has continued the operation of the interim order 8 where in respect of death of, or injury to, any person or damage to any property, the owner liable to pay compensation under this 1 reduce tion of amount is also liable to pay any amount as relief under the public liabi y insurance act, 1991 or any other compensation under any other law, the amount of compensation payable under this act shall be reduced by the amount of relief and other compensation paid under any other law, of relief paid under any other law chapter iit a esyablishment or national environment tribunal and benches thereof9 the central government shall, by notification, establish a tribunal, 59 to be known as the national environment tribunal, to exercise the jurisdic-— tion, powers and authority conferred on it by or under this act establishment of national environment tribunal, 10 (1) the tribunal shall consist of a chairman and such number of vice-chairmen, judicial members and technical members as the central government may deem fit and, subject to the other provisions 5 of this act, the jurisdiction, powers and authority of the tribunal may - be exercised by benches thereof composition of tribunal and benches thereof (2) subject to the other provisions of this act, a bench shall consist of one judicial member and one technical member (3) notwithstanding anything contained in sub-section (1), the 39 chairman— (4) may, in addition to discharging the functions of the judicial member or the technical member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench; 35° (b) may transfer the vice-chairman or other member from one bench to another bench; (c) may autherise the vice-chairman or the judicial member or the technical member appointed to one bench to discharge also the functions of the vice-chairman or, as the case may be, the 40 judicial member or the technical member of another bench; and? (d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the central government in this belialf, to be decided by a bench com- 5 posed of more than two members, issue such general or _ special orders, as he may deem fit: provided that every bench constituted in pursuance of this clause shall include at least one judicial member and one technical member 10 (4) notwithstanding anything contained in the foregoing provisions of this section, it sha!l be competent for the chairman or any other member authorised by the chairman in this behalf to 'function as a bench consisting of a single member and exercise the jurisdiction, powers and authority, of the tribunal in respect of such classes of cases 15 of such matters pertaining to such classes of cases as the chairman may, by general or special order, specify: provided that if at any stage of the hearing of any such case or matter, it appears to the chairman or such member that the case or matter is of such a nature that it ought to be heard by a bench con- 20 sisting of two members, the case or matter may be transferred by the chairman or, as the case may be, referred io him for transfer to such bench as the chairman may deem fit (5) subject to the other provisions of this act, the benches of the tribunal shall ordinarily sit at new delhi (which shall be known as the principal 25 bench) and at such other places as the central government may, by notification, specify 11, (1) a person shal] not be qualified for appointment as the chairman unless he— (2) is, or has been, a judge of the supreme court or a high 30 court; or (b) has, for at least two years, held the office of vice-chairman (2) a person shall not be qualified for appointment as the vice- chairman unless he— (a) is, or has been, a judge of a high court; or 35 (b) has, for at least two years, held the post of a secreiary to the government of india or any other post under the central or a state government carrying a scale of pay which is not less than that of a secretary to the government of india; or (c) (i) has, for at least five years, held the post of an additional 40 secretary to the government of india or any other post under the central or a state government carrying a scale of pay which is not less than that of an additional secretary to the government of india; and (ii) has adequate knowledge of, or experience in, legal, adminis- 45 trative, scientific or technical aspects of the problems relating to environment; or (d) has, for at jeast three years, held office as a judicial member or a technical member qualifications for appointment as chairman, vice- chairman or other member(3) a person shall not be auettied for appoint as a judicial ! member unless he— ; (a) is, or has been, or is qualified to be, a judge of a high court; or a (6) has been a member of the indian legal service and has he'd 35 a post in grade i of that service for at least three years, (4) a person shall not be qualified for appointment as a technical member unless he has adequate knowledge of, or experience in, or capacity to deal with, administrative, scientific or technical aspects of _ the problems relating to environment 10 (5) subject to the provisions of sub-sections (6) and (7), the chuirman, vice-chairman and every other member of the tribunal shall be appointed by the president, (6) no appointment of a person possessing the qualifications specified ' in this section as the chairman or the vice-chairman shall be made 15 except after consultation with the chief justice of india (7) no appointment of a person as a judicial member or a technical member shall be made except on the recommendation of a selection committee appointed by the central government consisting of the | following, namely: - 20 (a), chairman of the tribunal; -——chairman of the committee (b) secretary to the govern- —member ex officio; ment of india in the ministry of environment and forests; 25 (c) secretary to the govern- -—member ez officio, ment of india in the ministry of law, justice and company affairs (department of legal affairs); (d) director-general, council —member ex officio, 30 of scientific and industrial research; (e) an environmentalist to be —member nominated by the central goyernment, vice- chairman to acts as chairman 12- (1) in the event of the occurrence of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, the vice- chairman or, as the case may be, such one of the vice-chairmen, as the central government may, by notification, authorise in this behalf, shall act as the chairman until the date on which a new chairman, appointed 40 in accordance with the provisions of this act to fill such vacancy, enters upon his office ; or to discharge his func tions (2) when the chairman is unable to discharge his functions owing in certain circumstan-~ ces, to absence, illness of any other cause, the vice-chairman or, as the case _ may be, such one of the vice-chairmen, as the central government may, 45 by notification, authorise in this behalf, shall discharge the functions of the chairman until the date on which the chairman resumes his dutiesex officio; 35 413 the chairman, vice-chairman and other member shall hold office term of as such for a term of five years from the date on which he enters upon office his office, but shall be eligible for re-appointment for another term of five years: ; 5 provided that no chairman, vice-chairman or other member shail hold office as such after he has attained, - (a) in the case of the chairman, the age of seventy years; (b) in the case of the vice-chairman, the age of sixty-five years; and 10 - (c) in the case of any other member, the age of sixty-two years 14, (1) the chairman, vice-chairman or other member may, by resignanotice in writing under his hand addressed to the president, resign his tion and office: removal provided that the chairman, vice-chairman or other member shall, 15 unless he is permitted by the president to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest 20 + (2) the chairman, vice-chairman or any other member shall not be removed from his office except by an order made by the president on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which such chairman, vice-chairman or other member had been informed of the charges against him and 95 given a reasonable opportunity of being heard in respect of those charges (3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairman vice-chairman or other member referred to in sub-section (2) 15 the salaries and allowances payable to, and the other terms and salaries conditions of service (including pension, gratuity and other retirement oe benefits) of, the chairman, vice-chairman and other member shall be eae such as may be prescribed: sei 3 oth provided that neither the salary and allowances nor the other terms hi a and conditions of service of the chairman, vice-chairman or other and 35 member shall be varied to his disadvantage after his appointment, condi- 16 on ceasing to hold office,— provi- sei sion as (a) the chairman of the tribunal shall be ineligible for further ;, the employment either under the government of india or under the holding of offices government of a state;tions of service of chairman, vice- chairman and other members (b) the vice-chairman of the tribunal shall, subject to the other provisions of this act, be eligible for appointment as the chairman of the tribunal, but not for any other employment either under the government of india or under the government of a state; by chairman, etc, on ceasing to be such chairman, ete (¢) a member (other than the chairman or vice-chairman) of 5 the tribunal shall, subject to the other provisions of this act, be eligible for appointment as the chairman or vice-chairman of the tribunal or ag the chairman, vice-chairman or member of any other tribunal, but not for any other employment either under "e the government of india or under the government of a state; 10 (d) the chairman, vice-chairman or other member shall not appear, act or plead before the tribunal explanation—f or the purposes of this section, employment under the government of india or under the government of a state includes employment under any local or other authority within the territory of india 15 or under the control of the government of india or under any corporation or society owned or controlled by the government finan- 17, the chairman shall exercise such financial and administrative powers over the benches as may be vested in him under the rules: cial and administrative powers of chairman, provided that the chairman shall have authority to delegate such of 29 his financial and administrative powers as he may think fit to the vice- chairman or any other officer of the tribunal, subject to the condition, that the vice-chairman or such officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the chairman, 25 staff of the tribunal 18 (1) the central government shall determine the nature and cutegorivs of the officers and other employees required to assist the tribunal in the discharge of its functions and provide the tribunal with such officers and other employees as it may think fit (2) the officers and other employees of the tribunal shall discharge 39 their functions under the general superintendence of the chairman ) ' : 4 (3) the salaries and allowances and conditions of service of the officers and other employee of the tribunal shall be such as may be prescribed 19 (1) where any benches of the tribunal are constituted, the cen- 35 tral government may, from time to time, by notification, make provisions distribution of business amongst as to the distribution of the business of the tribunal amongst the benches and specify the matters which may be dealt with by each bench benches (2) if any question arises as to whether any matter falls within the purview of the business allocated to a bench, the decision of the chair- 40 man shall be final explanation—for the removal of doubts, it is hereby declared that the expression "matters" inludes applications for interim relief, jurisdiction and proceedings of the tribunal20 on and from the commencement of this act, no court or other authority except the tribunal shall have, or be entitled to exercise, any jurisdiction, powers or authority to entertain any application or action for any claim for compensation which may be entertained or dealt with by the tribunal, _ 21 on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or jp 09 his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other bench, 22 if the members of a bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state 15 the point or points on which they differ, and make a reference to the chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case 4) including those who first heard it 23 (1) where any amount of compensation is ordered to be paid under any award by the tribunal on the ground of any damage to environment, that amount shall be remitted to the authority specified under subsection (3) of section 7a of the public liability insurance act, 1991 for 45 being credited to the environmental relief fund established under that section (2) the amount of compensation credited to the environmental relief fund under sub-section (1) may be utilised by such person or authority in such manner and for such purposes of environment as may 0 be prescribed 24 (1) an award made by the tribunal under this act shall be executable by the tribunal as a decree of civil court and for this purpose, the tribunal shall have all the powers of a civil court (2) notwithstanding anything contained in sub-section (1), the 4 tribunal may transmit to the collector having jurisdiction over the area in which the accident has occurred the copy of the order made by it for payment of relief as provided in the public liability insurance act 1991 and the collector shall execute the order in the same manner as if it were an order made by him under that act, 9 (3) where the owner against whom the award or order is made by the tribunal fails to make the payment or deposit the amount as directed by the tribunal within the period specified in the award or order, such 'amount shall be recoverable from the owner as arrears of land revenue or of public demand, | bar | of ||----------|--------|| juris- | || diction, | || power | || of | chair- || man | to || transfer | || cases | || from | one || bench | || to | an- || other | || decision | || te | be || taken | || by | ma- || jority | || deposit | n, || amount | || payable | || for | r || damage | to || environ- | || ment | |appeals, 25 (1) save as provided in sub-section (2) and notwithstanding anything contained in the code of civil procedure, 1908 or-in any other law, an appeal shall lie against any award or other order, not being an interlocutory order, of the tribunal to the supreme court on one or more of the grounds specified in section 100 of that code , (2) no appeal shall lie against an award or other order made by the tribunal with the consent of the parties, (3) every appeal under this section shall be preferred within a period of ninety days from the date of the award or other order appealed against: provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the supreme court unless he has deposited with it the amount so awarded in the manner directed by the supreme court: 7 preme court may entertain the appeal 15 od of ninety days, if it is satisfied that provided further that the su after the expiry of the said peri the appellant was prevented b appeal in time y sufficient cause from preferring the a miscellaneouspenalty for failure 26, whoever fails to compl he shall be punishable with im to three years, or with fine y with any order made by the tribunal, h prisonment for_a term which may extend which may extend to ten lakh rupees or with both to comply with orders of tribunal, 27, (1) where any offence under this act has been committed by 95 offences by companies, _ 4 conipany, every person who, at the time was directly in charge of, and was responsib conduct of the business of the company, deemed to be suilty of the offence and against and punished accordingly: sub-section shall render any punishment provided in this act, if he committed without his knowledge or that he _ provided that nothing contained in this any such person liable to proves that the offence was exercised all due diligence t © prevent the commission of such offence,the offence was 'committed, - le to, the company for the as well as the company, shall be shall be liable to be proceeded secretary or other officer shall also be deemed to be guilty of that offience and shall be liable to be proceeded against and punished accordingly explanation—for the purposes of this section, - ae | , (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, 28, all proceedings before the tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the indian penal code : , 10 29 the chairman, vice-chairman and other members and the officers and other employees of the tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 30, no suit, prosecution or other legal proceeding shall lie against r the central government or against the chairman, vice-chairman or 15 other member of the tribunal or any other person authorised by the 'chairman, vice-chairman or other member for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder 31, save as provided in the public liability insurance act, 1991, the 20 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 act | 32 (1) the central government may, by notification, make rules 25 for carrying out the purposes of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rulés may provide for all or any of the following matters, namely: - (a) the particulars which an application shall contain, the documents and the fee which shall be accompanied with it and the limit of annual income of a person so as to enable him to make application without paying any fee, under sub-section (4) of section 5; (b) any such matter in respect of which the tribunal shall have powers of a civil court, under clause (i) of sub-section (4) of section 6; ' (c) the case or cases which, having regard to the nature of the questions involved, requires or require to be decided by a bench of more than two members, under clause (d) of sub-section (3) of section 10; proceedings before the tri- 'bunal to be judicial proceedings members and staff of tribunal to be public servants, protection of action taken in good faith ia act to have overriding effect, power to make rules(d) procedure for the investigation of misbehaviour or incap: city of the chairman, vice-chairman or other 'menaber of the tribuna under sub-section (3) of section 14; (€) the salaries and allowances payable to, and the other tet mis and conditions of service of, the chairman, wice-chairman, and , other members under section 15; (j) financial and administrative powers of the chairman over the benches under section 17; , (9) the salaries and allowances and conditions of service of the officers and other employees of the tribunal under sub-section (3) of section 18; (h) the person or the authority by whom, the manner in which and the purposes of environment for which the amount of compensation credited to the environmental relief fund shall be utilised under sub-section (2) of section 23; and (') any other matter which is required to be, or may be, pres: cribed on 4 and every rule ma de(3) every notification issued under secti under other provisions of 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 segs or in two or more successive sessions, and if, before the expiry of session immediately following the session or the successive ses aforesaid, both houses agree in making any modification in the noti tion or the rule or both houses agree that the notification or the rule should not be made, the notification or the rule shall thereafter have effect only in such modified form or be of no effect, as case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or the rule the schedule[see section 3(1)] 7 nape under which compensation for damages may be claimed @) death; (b) permanent, temporary, total or partial disability or other injury or sickness; (c) loss of wages due to total or partial disability or permanent or temporary disability; (d) medical expenses incurred for treatment of injuries or sickness; (e) damages to private property; (fj) expenses incurred by the government or any local authority in providing relief, aid and rehabilitation to the affected persons; (g) expenses incurred by government for any administrative - or legal action or te cope with any harm or damage, including compensation for environmental degradation and restoration of the quality of environment; ; " (h) loss to government or local authority arising out of, or connected with, the activity causing any damage; (t) claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna; (j) claims on account of any harm, damage or destruction to flora including aquatic flora, crops vegetables, trees and orchards; (k) claims including cost of restoration on account of any harm or damage to environment including pollution of soil, air, water, land and eco-systems; (1) loss and destruction of any property other than private property; (m) loss of business or employment or both; (n) any other claim arising out of, or connected with, any activity of handling of hazardous substance statement of objects and reasonsthe activities involving hazardous substances has been highlighted in a case by the supreme court of india an enterprise engaged in activities with potentia] threat to the health and safety of the persons residing compensation for damages to human health, property and the environment, particularly contamination of sub-surface water, are increasing there is also an increasing trend in the number of industrial disasters, 2 the united nations conference on environment and development held at rio de j aneiro in june, 1992, in which india participated, has also compensation for the victims of pollution and other environmental damage ; : 3 it is deemed expedient to develop and codify the principle of strict civil liability in respect of all such cases where damage ig caused while handling hazardous substances it is proposed to establish a national environmental tribunal for effective and expeditious disposal of cases arising from certain industrial accidents and disasters with a view to providing effective and expeditious relief and compensation for damages to human health, property and the environment, ~ 4 the bill seeks to achieve the aforesaid objects new deihi:; the 5th august, 1992, , kamal nath president's recommendation under article 117 of the constitution of india[copy of letter no 8/6/91/pl(cpw), dated 6th august, 1992 from shri kamal nath, minister of state of the ministry of environment and forests to the secretary-general, lok sabha] the president, having been informed of the proposed bil} to provide for notes on clausesclause 3 provides for strict liability of owner for damages caused to any person, property or the environment due to any accident occurring while handling any hazardous substance clause 4 confers power on the central government to exempt from the operation of the act, the central government, any state government, ied corporation owned or controlled by government, or any local authority clause 5 provides for making an application for claim for compensation under this act or for relief as provided in the public liability insurance act, 1991 it also specifies five years as the limitation period _ clause, 6 provides procedure and powers of the tribunal which shail be guided by the principles of natural justice and shall have certain powers of a civil court clause 7 empowers the tribunal to make an interim order and provides for its procedure clause 8 provides for the amount of any relief or other compensation received by any person under any other law to be reduced from the compensation awarded under this act clause 9 provides for the establishment of a national environment 'tribunal clause 10 provides for the composition of the 'tribunal and its benches and also empowers the chairman of the tribunal to function as 'member on any bench, to transfer the vice-chairman or other member from one bench to another bench, to authorise a member to discharge functions on another bench, and to form benches, it also empowers the central government to notify places other than delhi where the benches shall sit clause 11 lays down qualifications for appointment of a person as chairman or vice-chairman or member of the tribunal all appointments shall be made by the president, the chairman and vice-chairman shall be appointed after consultation with the chief justice of india and members shall be appointed on the recommendation of a selection 'committee as specified in sub-clause (7) clause 12 provides for appointment of vice-chairman as chairman by the government in the event of any vacancy and the authorising 'of vice-chairman in cases of absence of chairman, clause 13 specifies five years as the term of appointment and 70 years, 65 years and 62 years as the age of retirement of chairman, vice- chairman and other members, respectively clause 14 provides for the resignation by, and removal of, chairaan; vice-chairman or other members of the tribunal removal may e place on the ground of proved misbehaviour or incapacity after n inquiry by a judge of the supreme courtclause 15 empowers the central government to prescribe by rules' the salaries, allowances and other terms and conditions of service chairman, vice-chairman and other members clause 16 prohibits further employment under the central or state government for chairman or vice-chairman or other members, they cannot also appear, act or plead before the tribunal clause 17 provides for financia] and administrative powers of the chairman of the tribunal as may be prescribed in the rules, he may also delegate such powers clause 18 requires the central government to provide officers and staff to the tribunal their salaries, allowances and conditions of service shall be prescribed in the rules clause 19 empowers the central government to make provisions, by notification, for distribution of business amongst benches in case of doubt, decision of chairman shall be final, authorities n any application or action fo clause 20 bars the jurisdiction of courts and other where the tribunal has powers to entertai claim clause 21 empowers chairman to transfer cases from one bench to another bench clause 22 provides for decisio n in a case by majority of members of the bench clause 23 provides for the dep osit and utilisation of amount payable for damage to the environment clause 24 empowers the tribunal to execute its award as a decree of civil court and also to transmit an order of interim relief to - the collector for execution amount of award may also be recovered as arrears of land revenue or of public demand ' clause 25 provides for appeal to supreme court within 90 days on & question of law and after deposit of the money awarded and prohibits any appeal where award is given with the consent of parties, clause 26 provides for punishmen t if any person fails to comply with any order of the tribunal ? clause 27 provides for liability of the directors, managers, etc, of company where an offence is committed by it, clause 28 provides that the proceedings before the tribunal shall be deemed to be judicial proceedings, j clause 29 provides that the chairman, vice-chairman and member: ef the tribunal shall be deemed to be public servants clause 30 provides protection for anything which is in good faith done or intended to be done under the act or the rules = clause 31 provides that this act shall have overriding effect clause 32 confers power on the central government to make to carry out the purposes of this act, § financial memorandumclause 9 of the bill relates to the establishment of a national environment tribunal under sub-clause (5) of clause 10, benches of the tribunal may si{ also at such places, other than delhi as the central government may, by notification, specify expenditure on setting up of one bench is estimated at rs 15 lakhs approximately non-recurring expenditure on four benches, which the government intends to set up for the time being, is estimated at rs 182 lakhs and recurring annual expenditure at rs 426 lakhs memorandum regarding delegated legislation> clause 4 of the bill seeks to empower the central government to exen by notification, from the operation of the act the central government, state goyernmeni, any corporation owned or controlled by any governn or apy local authority, 2 clause 32 empowers the central government to make rules reg 'ding— =f (a) the particulars which an application shall centain, the doc ne and the fee which shail be accompanied with it and the limit of an income cf a person so as to enable him to make application without ing any fee, under sub-section (4) of section 5; (b) any such other matter in respect of which the tribunal shall have powets of a civil court, under clause (i) of sub-section (4) of section (c) the cuse or cases which, having regard to the nature of - questions involved, requires or require to be decided by a bench of than two members, under cijause (d) of sub-section (3) of section 105 (d) procedure for the investigation of misbehaviour or incapacity of the chairman, vice-chairman or other member of the tribunal sub-section (3) of section 14; (e) the salaries and allowances payable to, and the other terms conditions of service of, the chairman, vice-chairman and other \ om: bers under section 15; ({) financial and administrative powers of the chairman over | benches under section 17: (g) the salaries and allowances and conditions of service of the offi and other employees of the tribunal under sub-section (3) of section 18; (h) the person or the authority: by whom, the manner in which end the purposes of environment for which the amount of compensation er ed to the environmental relief fund shall be utilised under subsection (2) of section 23; and (i) any other matter which is required to be, or may be, prescribed, 7 3 the matters with respect to which notification may be issued or may be made under the aforesaid provisions are matters of procedure and d the delegation of legisiative power contained in such provisions is, theref of a normal character | Parliament_bills | 0d5206f7-d030-5871-8fab-cc1ac9153af1 |
bill no 136 iii 1_ - the territorial army (aliendml:nt) iul4198q a billfurther to amend the territorial army act, 1948 be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 this act may be called the territorial army (amendment) act, short 1980 title 56 of 1948 5 2 in section 14 of the territorial army act, 1948, after sub-section (2), the following sub-section shall be inserted, namely:-amendment of section 14 10 "(3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period 'of thirty days which may be comprised in one ~ssion 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 housef agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" statement of objects and reasonssection 14 of the territorial army act, 1948 empowers the central government to make rules to carry out the purposes of the act the act does not require the rules so made to be laid before parliament 2 as recommended by the committee on subordinate legislation of the sixth lok sabha, in its twenty-first report, it is proposed to make a provision in the act for laying of rules framed thereunder before parliament 3 the bill set"ks to achieve the above object new deim; c p n singh the 15th july, 1980 a billfurther to amend the territorial army act, 1948 (shri c p n singh, miniater of state in the ministry of def~nce) | Parliament_bills | ed27ccc5-f7e2-543c-b822-5ce9514b169d |
bill no lxii of 2015 the abolition of begging and rehabilitation of beggars bill, 2015 a billto provide for abolition of begging and rehabilitation of beggars and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the abolition of begging and rehabilitation of beggars act, 2015short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force with immediate effect5definitions2 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) ''beggar'' means a person who indulges in begging(c) ''begging'' shall have the same meaning as assigned to it in clause (a) of subsection (4), section 363a of the indian penal code(d) ''fund'' means beggars welfare fund established under section 6(e) ''prescribed'' means prescribed by rules made under this act (f) "rescue home or social security institution" means a home established under this act where any person taken into custody on the ground of begging shall be kept till the time he is rehabilitated5abolitions of begging3 begging by any person, irrespective of age and gender, in any manner is herebyabolished4 (1) any person who forces another person of more than eighteen years of age, intobegging shall be punishable with imprisonment which shall not be less than seven yearspunishment for forced begging and sensitization of public10(2) any person who forces a child of any gender, who is less than 18 years of age, intobegging shall be punishable with imprisonment which shall not be less then ten years(3) it shall be the responsibility of the appropriate government to sensitize the societyabout the repercussions of the forced begging and the multiple evil that enjoin in such antisocial activities threatening the peace and harmony of the society15custody and rehabilitation of persons found begging5 (1) any person found begging shall be taken into custody by the police and sent tothe nearest rescue home or social security institution, to be established in each district by the appropriate government, as the case may be, wherein such person shall be provided with facilities for rehabilitation, in such manner as may be prescribed20(2) it shall be the sole responsibility of the in-charge of the rescue home or the social security institution to ensure that the rescued beggar(s) brought by the police, do not leave the rescue home or the social security institutions without the proper approval or permission of the authorities so empowered under the rulesbeggars' welfare fund6 (1) the central government shall constitute a fund to be called the beggarswelfare fund for the welfare of beggars25(2) the fund shall be utilised by the central government as and when required for thewelfare and rehabilitation of beggars7 (1) the appropriate government shall formulate dedicated schemes for schoolingof the children so rescued from beggingformulation of schemes for beggars30(2) it shall be the responsibility of the appropriate government to ensure that therescued children are adequately rehabilitated by providing requisite education and employment opportunities for their livelihoodpowers tomake rules8 (a) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act35(b) every rule made under this section shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be: so, however, that any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule40lying of report9 the central government shall lay a report before both houses of parliament everyyear on the progress of the implementation of the provisions of this act statement of objects and reasonseven after 68 years of independence, begging continues to be a formidable problem facing the country ever since, we embarked upon a welfare state, several social security safeguards have been put in place to rehabilitate the beggars, many of who are young children however, increasing incidents of begging across the country demonstrate a stark failure of the existing social security system, thus necessitating concerted remedial measures india's urban centres, especially the metro cities, have been facing this problem of begging and the organised crime syndicates are using the beggars and children to promote their sinister designs in many cases, it has also been seen that the organs of children begging at the signalled crossings on the roads are traded by illegal organ traders many orphan children have been left out of schools and they secure their livelihood by begging this has contributed to india's burden of illiterates and out of school children at a time, when the country is being seen as an important destination for foreign direct investment, international tourists inflow, etc, begging at the signalled crossings on the roads portray a negative picture of the country's profile and reputation as a democracy wedded to the ideals of promoting humane values in the 21st century india, begging is a scar which the country can not afford to keep it at its own perilit is, therefore, imperative that legislation should be brought forward to abolish begging and to provide for adequate rehabilitation of beggars through a robust mechanism of social security institutionshence, the billanubhav mohanty financial memorandumclause 5 of the bill provides for establishment of "rescue homes" in each district by the appropriate government clause 6 provides for setting up of beggars' welfare fund clause 7 provides for formulation of schemes for schooling of children by appropriate government so as to enable beggars to take up suitable jobs the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupess five thousand crore per annuma non-recurring expenditure of rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 empowers the central government to make rules for carrying out the provisions of the bill since the rules will relate to matters of details only, the delegation of legislative power is of normal character rajya sabha———— a billto provide for abolition of begging and rehabilitation of beggars and for matters connected therewith or incidental thereto————(shri anubhav mohanty, mp)gmgipmrnd—3849rs(s3)—18-12-2015 | Parliament_bills | e2727bb3-e159-510e-99ce-72db75953f64 |
bill no xvii of 2017 the women (empowerment and welfare) bill, 2017 a billto establish a women empowerment and welfare authority to provide for monthlyincentive schemes for girl children to delay marriage until age of twenty oneyears, special saving schemes for women with higher rate of interestsinclusive of annual bonus if husband is non-alcoholic, special fund for micro credit schemes, guidelines for mobile healthcare facilitiesfor agricultural labour, regulation of private placement agencies,schemes for widows and for all matters connectedtherewith 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 women (empowerment and welfare) act, 2017(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, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "annual report" means a report giving the details of developmental activities taken up over the year by the authority and detailing about targets set and achieved;(b) "appropriate government" means in the case of a state or a union territory having legislature, the concerned state government or the union territory government, as the case may be, and in all other cases, the central government5(c) "authority" means the women empowerment and welfare authority established under section 3;(d) "domestic worker" means a woman employed to do work in or for a private household(s) which includes cooking, cleaning, gardening, childcare, and old-age care10(e) "health certificate" means a document signed by a competent health authority provding proof that a person in non-alcoholic(f) "placement agency" means any agency or contractor, whether registered or otherwise, engaged in the placement of domestic workers with prospective empolyers(g) "prescribed" means prescribed by the rules made under this act(h) "small family" means family having not more than two children15constitution of women empowerment and welfare authority3 (1) with effect from such date as the central government may, by notification, appoint, there shall be constituted, for the purposes of this act, an authority, to be known as the women empowerment and welfare authority consisting of the following members, namely:—(a) union minister, ministry of women and child development —ex officio chairperson;20(b) chairperson, national commission for women—ex officio member;(c) secretaries of the union ministries of (i) women and child development,(ii) health and family welfare and (iii) statistics and programme implementation—ex officio members;25(d) director general of health services, ministry of health and family welfare—ex officio member;(e) director, national institute of health and family welfare—ex officio member30(2) the central government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the authority under this act(3) the qualifications and experience, salary, allowances and terms of conditions of services of officers and staff of the authority shall be such, as may be prescribedmeetings of the authority4 (1) the authority shall meet at such intervals and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed by the central government35(2) the expenditure incurred to attend meetings by the members referred to in subclauses (a) to (e) of section 3, shall be borne by their concerned controlling authoritiesfunctions of the authority405 (1) subject to any guidelines issued by the central government under the provisionsof this act, the authority shall perform and undertake such functions as may be necessary to ensure empowerment of women in the country and shall formulate a comprehensive policy within one year of its constitution to achieve the objective(2) without prejudice to the provisions contained in sub-section (1), the functions of the authority shall include to:—(a) undertake a baseline study to collect comprehensive data about girl children and their families above the age of eighteen which shall be completed within one year of setting up of the authority;(b) formulate a monthly incentive scheme to provide for regular income to familieshaving unmarried girl children upto the age of twenty one years;5(c) recommend to the central government to prepare a special savings schemesfor woman with higher rates of interest;(d) formulate a special bonus scheme for families where the husband produceshealth certificate;(e) provide for funds to encourage micro credit for young women enterpreneurs;10(f) frame guidelines for agricultural land owners to provide for mobile health carefacilities and social security cover for the women agricultural labour;(g) recommend to the appropriate government for formulating stringentregulations for private placement agencies and regulations for domestic workers;15(h) recommend to the appropriate government for penalties for harassment ofdomestic workers;(i) establish a separate widow welfare board to look into collecting data onwidowed woman and formulating rehabilitation schemes for widowed women; (j) provide guidelines to the appropriate government for establishing all womanpolice stations, banks and courts as district levles within specific timelines;20(k) undertake, promote and publish studies relating to the importance of womanempowerment;(l) frame syllabus for including awareness about woman empowerment in school curriculum; and(m) undertake such other activities as may be prescribed by the central government25(3) the authority shall disseminate necessary knowledge and information collected, to the respective departments of the central and the state governments30annual report and its laying before the parliament6 (1) the authority shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving the summary of its activities, including schemes it has undertaken and recommended to the government during the year and it shall contain statements of annual accounts of the authority(2) a copy of the report shall be forwarded to the central government, and the central government shall lay the report before each house of parliamentgovernment to provide funds35 7 the central government, shall from time to time provide, after due appropriation made by parliament by law in this behalf, requisite funds for carrying out the purposes of this actpower to remove difficulty408 if any difficulty arises in giving effect to the provisions of this act, the central government in consultation with the state governments may make such order or give such direction not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of any difficultypower to make rules9 the central government, in consultation with the state governments, may bynotification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasons'there is no chance for the welfare of the world unless the condition of woman is improved it is not possible for a bird to fly on only one wing' this was said by swami vivekananda when he was asked about welfare of woman out of the 125 crore citizens of this country, 652 crores are women the sex ratio is 945females per 1000 males though targeted welfare schemes, taken up by the government over the past five decades for woman have resulted in better livelihood for them, still there is a lot more to be achieved literacy rates among woman in india is still lagging and the numbers relating to woman in the workforce is abysmal though our constitution envisages to provide for equal means of livelihood and equal pay for men and woman, it is still a distant dreamwe pride ourselves as a country, with regard to our economic growth but this growth remains a façade, masking our low social indicators woman should be key players for this change to happen policy which aims at bringing higher proportion of woman into the workforce, as teachers, health care workers and skilled labour force in factories should be the first stepping stone towards this providing them with the weapon of education will give them this much required freedomthis bill, proposes to create a women empowerment and welfare authority to carry out major policy changes and provide for the necessary guidelines this authority will inter alia bring in monthly incentive schemes for families of girl children who have not been married until the age of twenty one also, special saving schemes shall be introduced for woman in every household with higher rates of interest and annual bonuses if husband produces a non-alcoholic certificate from government hospital special fund would be created to provide for micro credit to woman entrepreneurs who plan on start-ups just after their college education mobile health care facilities and social security cover would also be provided for agricultural labour working in their lands it will regulate placement of agency and also organizing domestic workers under a newly formed body to safeguard their rights a separate widows welfare arm proposed to be created to provide for maintaining data on widowed woman in the country and to provide for a subsistence allowance to the needythis bill, shall endeavour to create a positive and just social and economic environment for the woman of this country woman must be put in a position to solve their own problems in their own ways the state must endeavour to take that extra effort to provide for the equal platform this is what this bill envisions, to offer the required momentum to kick start this process our country's journey to regain the status of 'vishwa guru' will become a realty only if the woman folk of this great nation lead the wayhence this billvivek gupta financial memorandumclause 3 of the bill provides for constitution of the women empowerment and welfare authority and appointment of officers and staffs for its functioning clause 7 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of this bill the bill, therefore, if enacted, will involve recurring expenditure of five thousand crore rupees per annum from the consolidated fund of india a non-recurring expenditure to the tune of rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character ———— a billto establish a women empowerment and welfare authority to provide for monthlyincentive schemes for girl children to delay marriage until age of twenty oneyears, special saving schemes for women with higher rate of interestsinclusive of annual bonus if husband is non-alcoholic, special fundfor micro credit schemes, guidelines for mobile healthcare facilitiesfor agricultural labour, regulation of private placement agencies,schemes for widows and for all matters connectedtherewith and incidental thereto————(shri vivek gupta, mp)gmgipmrnd—3408rs(s3)—02012018 | Parliament_bills | fb1cbcda-ddf3-5b4a-b216-c6efc968dcbe |
the legal services authorities bill, 1118'7 arrangement of clauses chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii the na'r,ional legal services autlwrlty3 constitution of the national services legal authority 4 functions of the central authority 5 central authority to work in coordination with other agencies chapter iii state legal service authority6 constitution of state legal services authority 7 functions of the state authori'ty 8 state authority to act in coordination with other agencies and be subject to directions given' by central government, etc 9 constitution of district authorities 10 functions of the district authority 11 distnct authority to act in coordination with other agencies and be subject to directions given by the central authority, etc chapter iv entitlement to legal services12 criteria for giving legal service 13 entitlement for legal service chapter v clauses finance, accounts and audit14 grants by thle icentral government 15 national legal aid fund 16 state legal aid fund 17 district legal aid fund 18 accounts and audit chapi'er vilok adalats 19 organisation of lok adalats 20 cognizance of cases by lok adalats 21 award of lok adalat 22 powers of lok adalats chapter vii miscellaneous23 members and staff of authorities and lok adalata to be public servants 24 protection of action taken in good faith 25 act to have overriding effect 26 power to remove difficulties 27 power of the central government to mal, rul - -28 power of the state government to make juju 29 power to make regulations 30 laying of rules and regulations billto constitute legal services ~utkorities to provide free and competent legal s'f') dces to the weaker section<; of the society to enti:tlre that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to (}rganise lok adalats to secure that the operatilon of the legal system promotes justice on a basis of equnl opportunity be it enacted by parliament in the thirty-eighth year of the republic of india as follows:- 'chapte!t i l'uliminary5 1 (1) this act may be called the legal services authorities act, 1967 short 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 appoint; and different dates may be ap-10 pointed for different provlslons of this act and for different states, and any reference to commencement in any provision of this act in relation to any state shall be construed as a reference to the comm~cement of that provision i~ that state, 2 (1) in this act, unless the context otherwise requires,-definitions (a) "central authority" means the national legal services authority constituted under section 3; (b) "district authority means a district legal services authorityconstituted under section 9; 5 (c) "legal service" includes the rendering of any service in the condu'ct of any case or other legal proceeding before any court or other authority or tribunal and the giving of· advice on any legal matter; i (d) "lok adalat" means a lok adalat organised under chapter 10 vi; (e) "notification" means a notification published in the official gazette; <f) "prescribed" means prescribed by rules made under this act; (g) "scheme'" means any scheme framed by the central autho- 15 rity, a state authority or a district authority for the purpose of giving effect to any of the provisions of this act; (h) "state authority" means a state legal services authority constituted under section 6; (i) "state government" includes the administrator of a union 20 territory appointed by the president under article 239 of the constitution (2) any reference in this act to any other enactment or any provision thereof shau, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the corresponding law or 25 the relevant provision of the corresponding law, if any, in force in that area chapter ii the national legal services aumority3 (1) the central government shan constitute a body called the 30 national legal services authority to exercire the powers and penorm the functions eonferred on a central authority under this act (2) the central authority shall consist of-(a) the chief justice of india who shan be the patron-in-chiefl constithe na· tional ll'gal servicel!l authority (ib) a serving or retireld judge of the supreme court nominated 35 by the president serving in consultation with the chief justice of india, "'00 shall he the exeeutive chairman; and (e) such other members, possessing such experielnce and qualifications as may be prescribed and nominated by' the central govemment -40 (3) the central govemment shan appoint an officer of th~ department of legal affairs of the ministry of law and justice of the govemment of india not lower in rank than that of a special secretary to that government as the member-~retary of the central authority (4) the terms and conditions of service of the members of the 45 central authority shall be such as may be prescribed by the central government func tions of the central authority (5) the central gove,rnment shall provide the central authority with such other officers and employees as it considers necessary for carrying out the functions of that authority under this act (6) the administrative expenses of the central authority including 5 the salaries, allowances and pensions payable to the officers and staff of the central authority shall be defrayed out of thel consolidated fund of india (7) all orders and decisions of the central authority shall be authenticated by the member-secretary or any other officer of the 10 central authority duly authorised by him in this behalf (8) no act or proceeding of the central authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the central authority 4 the central authority shall, subject to the general directions of 15 the central government, perform all or any of the, following functions, namely:-(a) lay down policies and principles for making legal services available under the provisions of this act; (b) frame the most effective· and economical schemes for the 20 purpose of making legal services available under the provisions of this act; (c) utilise the funds at its disposal and make appropriate allocations of funds to the state authorities and district authorities; (d) take necessary steps by way of social justice litigation with 25 regard to consumer protedion, environmental protection or any other matter of special concern to the weaker' sections of the society and for this purpose, give training to socia~ workers in legal skills; 30 (e) organise legal aid camps, especially in rural areas, slums or labour colonies with the dual purpose of educating the weaker sections of the society as to their rights as wrell as ~ncouraging the settlement of disputes through lok adalats; (f> encourage the settlement of disputes by way of negotiations, arbitration and conciliation; 35 (g) undertake and promote research in the field of legal services with special reference to the need for such services among the poor; (h) to do all things necessary for the purpose of ensuring commitment to the fundameiltal duties of citizens under part iva of the constitution; 40 45 (i) monitor and evaluate implementation orthe legal aid programmes at periodic intervals and provide for independent evaluation of programmes and schemes implemented in whole or in part by funds provided under this act: (j) recommend to the central government grants-in-aid for specific schemes to various voluntary social welfare institutions and the state and district authorities, from out of the amounts placed at its disposal for the implementation of the legal services schemes under the provisions of this act; 50 (k) develop, in consultation with the bar council of india, programmes for clinical legal educati-on and promote guidance and supervise the establishment and working of legal services clinics in universities, law college:; and other institutions; (0 take appropriate measures for spreading legal literacy and legal awareness amongst the people and, in particular, to educate weaker sections of the society about the rights, benefits and privileges guaranteed by social welfare legislations and other enactments as well as administrative programmes and measures; (m) make special efforts to enlist the support of voluntary, social welfare institutions working at the grass-root level, particularly among the scheduled castes and the scheduled tribes, women and rural and urban labour; and (n) coordinate and monitor the functioning of state and district 10 authorities and other voluntary social welfare institutions and other legal services organisations and give general directions for the proper implementation of the legal services programmes 5 in the discharge of its functions under this act, the central authority shau, wherever appropriate, act in coordination with other 15 governmental and non-governmental agencies universities and others engaged in the work of promoting the cause of legal services to the poor, central authority to work in coordi· nation with other agencies, chapter iii state legal services authority6, (1) every state government shall constitute a legal services 20 authority for the state to exercise the powers and perform the functions conferred on a state authority under this act (2) a state authority shall consist of- constitution of state legal services authority, (a) the chief justice of the high court, or any other serving or retired juge of the high court nominated by the governor in 25 conl'lultation with the chief justice, who shall be the chairman of the state authority; and (b) such other members, possessing such experience and qualifications as may be prescribed and nominated by the state government 30 (3) the state government shall appoint the law secretary or the judicial secretary of the state as the member-secretary of the state authority (4) the terms and conditions of serviee of the members of the state authority shall be such as may be prescribed by the state government 35 (5) the state government shall provide to the state authoritv with such officers and empleyees as it considers necessary for carrying ~ut the functions of that authority under this act i ' (6) the administrative expenses of the state authority, including the salaries, allowances and pensions payable to the member-secretary and 40 other officers and staff shall be defrayed out of the consolidated fund of the state (7) all orders and decisions of the state authority shall be authenti· cated by the member-secretary or any other officer of the state autho· rjt: dul;r authorised by him in this behalf, (8) no act or proceeding of a state authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the state authority 7 (l) it shall be the duty of the state authority to give effect to 5 the policy and directions of the central authority functions of the state authority (2) without prejudice to the generality of the functions referred to in sub-section (1), the state authority shall perform all or any of the following functions, namely: -i - 10 (a) give legal service to persons who satisfy the criteria laid down under this act; (b) conduct lok adalats; (c) undertake preventive and strategic legal aid programmes; and is (d) perform such other functions as the state authority may, in consultation with the central government, fix by regulations 8 in the discharge of its functions under this act, the state authority shall, wherever appropriate, act in coordination with other governmental agencies, non-governmental voluntary social welfare institutions, :uni versities and others engaged in the work of promoting the cause of legal 20 services to the poor and shall be guided by such directions as the central government, the state government or the central authority may give to it in wi'iting 9 (1) every state government shall constitute a legal services authority for every district in the state to exercise the powers and 25 perform the functions conferred on the district authority under this act (2) a district authority shall consist of-state authority to act in coordination with other agencies and be subject to directioos given by central govern_ ment, etc constitution of district authori_ ties (a) the district judge, who shall be its chairman; and (b) such other members possessing such qualifications and experience as may be prescribed and nominated by that government 30 (3) the state government shall also appoint one of the members of the district authority as the secretary of that authority (4) the terms and conditions of service of the members of the district authority shall be such as may be prescribed by the state government (5) the state government shall provide every district authority 35 with such staff as it considers necessary for carrying out the functions assigned to the district authorities under this act (6) the administrative expenses· of every district authority, including the salaries, allowances and pensions payable to the secretary of every district authority and the other staff shall be defrayed out of the 40 consolidated fund of the state (7) all orders and decisions of a district authority shall be authenticated by the secretary or any other officer of the authority duly authorised by him in this behalf (8) no act or proceeding of a district authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the district authority 1,1) (1) it shall be the duty of every district authority to perform 5 such of the functions of the state authority in the district as may be delegated to it from time to time by t~ state authority functions of the district authority (2) without prejudice to the generality of the functions referred to in sub-section (1), the district authority may perform all or any of the following functions, name1y: _ 1 10 (a) coordinate the activities of legal services in the district; (b) organise lok adalats within the district; and (c) perform such other functions as the state authority may, in consultation with the state government, fix by regulations 11 in the discharge of its functions under this act, the district authority shall, wherever appropriate, act in coordination with other 15 governmental and non-governmental institutions, universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the central authority or the state authority may give to it in writing 20 chapter iv entitlement to legal services12 every person who has to file or defend a case shall be entitled to legal service under this act if that person is,-(a) a member of a scheduled caste or scheduled tribe; district authority to act in coordination with other agencies and be subject to directfons given by tbe central authority etc criteria for giving legal service ('b) a victim of trafficking in human being" or begar as referred 25 to in article 23 of the constuutiodl, (c) a woman or a child; (d) a mentally ill or otherwise disabled person; (~) a person under circumstances of undeserved want such as being a victim of a mass disash:ll', ethnic violence, caste atrocity, flood, 30 drought, earthquake or industrial disaster; or (f) an industrial workman; or 14 of 1987 (g) in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the immoral traffic (prevention) act, 1956, or in a juvenile homeo witbin the meaning of clause! (j) of 35 104 of 1956 section 2 of the juvenile justice act, 1986, or in a psychiatric hospital 53 of 1986 or psychiatric nursing home within the meaning of clause (g~ of section 2 of the mental health act, 19871 or (h) in receipt of income less than nine thousand rupees if the case is before a court other than the supreme court, and less than 40 twelve thousand rupees or such other amount as may be prescribed by the central government if the case is before the supreme court entitlement for legal &emcee 13 (1) persons who satisfy all or any of the criteria specified in section 12 shall be entitled to receive legal service provided that the concemed authority is satisfied that such person has a prima facie case to prosecute or to defend s (2) an affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this act unless the concerned authority has reason to disbelieve such affidavit ~ chaprer v finance, accounts and audit10 14 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the central authority, by way of grants, such sums of mon~y as the central government may think fit for being utilised for the purposes of this act i gran by the centr&l governmen;' na":---1 15 15 (1) the central authority shall establish a fund t9 be called the -national legal aid fund and there shall be credited thereto,-~r fund (a) all sums of money given as grants by the central government under section 14; (b) any grants or donations that may be made to the central 20 authority by any other person for the purposes of this act; (c) any amount received by the central authority under the orders of any court or from any other source (2) the national legal aid fund shall be applied for meeting,-(a) the cost of legal services provided under this act including 2s grants made to state authorities; (b) any other expenses which are required to be met by the central authority 16 (1) a state authority shall establish a fund to be called the state state legal aid fund and there shall be credited thereto,-~~fund 30 (a) all sums of money paid to it or any grants made by the central authority for the purposes of this act; (b) any grants or donations that may be made to the state authority by the state govemment or by any person for the purposes of this act; 3s (c) any other amount received by the state authority under the orders of any court or from any other source (2) a state legal aid fund shall be applied tor meettng,-(a) the cost of functions referred to lin section 7; (b') any other expenses which are required to be met by the 40 state authority 17 (1) every district authority shall establish a fund to be called the district legal aid fund and there shall be credited thereto,-(a) all sums of money paid or any grants made by the state authority to the district authority for the purposes of this act; (b) any grants or donations that may be made to the district 5 authority by any person for the pw-poses of this act; (c) any other amount received by the district authority under the orders of any court or from any other source (2) a district legal aid fund shall be applied for meeting,-(a) the cost of functions referred to in section 10; 10 (b) any other expenses which are l't!4l<u,t!d lo be met by the district authoflty accounts and audit 18 (1) the central authority, state authority or the district authority (hereinafter referred to in this section as 'the autaority'), as the case may be, shall maintain proper accounts and otner rdevant records and 15 prepare an annual statement of accounts ulc1ucllllg ihe incume and expenditure account and the balance-sheet in such icrm and in such manne,r as may be prescribed by the central government in consultation with the comptroller and auditor-general of india (2) the accounts of the authorities shall oe audited by the cumpt- 20 roller and auditor-general of india at such inu:l'vals as may be specified by him and any expenditure incurred in cunnection with such audit shall be payable by the authority concerned to the comptroller and auditor-general of india (3) the comptroller and auditor;(ieneral 01 india and any other 25 person appointed by him in connection with the auditing of the accounts of an authority under this act shall have the same nghts and privileges and authority in connection with such audit as the comptroiler and auditor-general of india has in connection with the auditing of the government accounts and, in particular, shall have the right to demand 30 the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authorities under this act (4) the accounts of ~e authorities, as certified by the comptroller this behalf together with the audit report thereon, shall be forwarded 35 this beaalf together with the audit report thereon, shall be fowarded annually by the authorities to the central government or the slate government, as the case may be chapter vi lok analats19 (1) the state or district authorities may organise lok adalaui' at such intervals and places and for exercising such jurisdiction and for such areas, as they think fit i oraaniaation lok malat • (2) every lok adalat organised for an area shall consist of such judicial officers of the area as may be specifieu by the state or district 4s authority organising the lok adalat and such other members possessing such qualifications and experience as may be prescribed by the state government (3) a lok adalat shall have jurisdiction to determine and arrive at a compromise or settlement between the parties to a dispute in respect of any mdtter falling within the jurisdiction of any civil, criminal or revenue court or any tribunal constituted under any law for the time 5 being in force in the area for which the lok adalat is organised 20 (1) where in any suit or other proceeding which is capable of being taken cognizan ::e of by a lok adalat under the provisions of this act and pending before any court or tribunal, if the parties thereof make a joint npplic'ation to the court or tribunal indicating their intenlotion to compromise the matter or to arrive at a settlement, the presiding otncer of the court or tribunal, as the case may be, may, instead of proceeding to effect a compromise between the parties or to arrive at a settlement himself, and notwithstanding anything contained in any other law for the time being in force, pass an order that the suit or 15 proceeoin,g shall stand transferred to the lok adalat for arriving at a compromise or settlement (2) notwlth~l andinf~ ~"rvthing contained in any other law for the time b('inq' in force the district authority may, on receipt of an applic~tion from anv per~on that any dispute or matter pending for a com-20 promise or settlernent needs to be determined by a lok adaiat, refer such dispute or m:lttcl:' to the lok adalat for determination (3) where ?n\' f;l1h (1" proceeding is transferred to a lok adalat under suh-sedion (7) nr where a reference has been made to it under ,mb-section (2) the lok analat shall proceed to dispose of the suit, 25 proceedinr- dist1ute or matter and arrive at a compromise or settlement between the pnrties i (4) every lok j\,bl'1j shgll while determining anv proceeding before it under ihis tct nd wifh lltmost exnerjition to arrive "at a compromise or settlement het w(>f>'1 l],<, n'dies and shall be j!uided by legal principles 30 and the nrin('inlf's ('-i' ill~ti"e equity anti fair play (1) 'vhere nr, [lw"lr,l i" mane hv the lok adalat on the !v'ound that - no comprnmise i')r set+1rm"'1t rould be arrived at between the parties, it , shall he open t(' th" n"'riioc' to a s11it or proceeding transferred from , a court or trihllt1f11 "n'~pr c'llh-sf'ction (1) to continue such suit or pro-3:; ceenin(f bei'ore snrh rnllrt "r trihunal or if it is a disoute or matter re'flrred to :1 lnk"-'hl'1t 'mner sl1h-spt'tion (~, any of the persons may institute fl nrrv'eer'linc' in 1n annrnpriate court (6) '\vh('rf" 1l"'!hr' <:1111-~,e,tinn (5), the l)~rtips to a suit ot' l)1'oreedin~ intend to c'ontinlll' j ',p twn""'f'ninj1 in such suit or otoc'eedino: before the 40 court or trihlln:11 f'·"m "'hi"h it was transferred s1lch court 01' tribunal sh;tlj ororped to ne::jl v'ith such suit or proceerling from the stage at which h was before tbl' suit or proceeding was transferred to the- lok adalat ' " ~ ; 21 (1) eve"\' nwarr1 t)f the lok aoalat shall be deemed to be a decree 45' of n civil ('ourt or or~p", of nnv other court or tribunal ancl where a award of lok adalat 'comnromise i'1r sl"ttll"tylp"'t h:l~ been :::irrivecl at bv a lok adl!lat in a suit or pror'eeilinrr tr:msi'prrprl to it unrler sllh-se('tion (1) of section 20 tbe court fee oaiii in s11ch spit or procepdino: shall be refunded in the manner provided under the ("(lurt-fee a'ct, 1870 '1 of l$"o~(2) every award made by a lok adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award power of lok adalati 22 (1) the lok adalat shall, for the purposes of holding any determination under this act, have the same powers as are vested in· a 5 civil court under the code of civil procedure, 1908 while trying a suit 5 ot 1908 in respect of the following matters, narnely:-(a) ·the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document; 10 (c) the reception of evidence on affidavits; (d) the requisitioning of any public !,ecord or document or copy of such record or document from any court or office; and (e) sucll other matters as may be prescribed (2) without prejudice to the generality of the powers contained in 15 bub-section (1), every lok adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it (3) all proceedings before a lok adalat shall be deemed to be judicial prceedings within the meaning of sections 193, 219 and 228 of the 20 indian penal code and every lok adalat shall be deemed to be a civil 45 of 1860 court for the purpose of sectio)) 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1974 chapter viimiscellaneous 25 23 the members of the central authority the state authorities and the district authorities, and officers and other employees provided to such authorities and the members of the lok adalats shall be deemed to be public servants within the meaning of section 21 of the indian penal code 30 members and staff of authorities and lok adalata to be p"blic ecrvants protection of action taken in good faith 24 no suit, prosecution or other legal proceeding shall lie against the central government or state government or against the chainnan or any other member of any central state or district authoritv of any other person authorised by such chainnan or other member -for an~thing which is in good faith done or intended to be done ~nder the 35 provisions of this act or 'lny -rule, regulation or order made thereunder %5 the provisions of this act shall have effect ncltwithstanding anything inconsistant 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 act act to have overri· dina effect power to remove ~ tiel 5 26 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gnette, make· such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the diffkulty: 10 provided that no such order shall be made after the expiry of a period of two years from the date on which this act receives the assent of the president (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament 15 27 (1) the central government may, by notification, make rules to carry out the provisions -of this act power of tho central goyern ment to make rule • (2) without prejudice to the generality of the foregoing power, such rules may provide for all matters in respect of which rules are required to be made by the central government under this act 20 28 a state government may, by notification, make rules to provide for any matter, not being a matter specified in section 'j:t, in respect of which rules are required to be made by the state government under thi~ act power of the state govem· ment to mab rule, power to make re-gulatiodii 29 the central authority and every state authoritv may, by noti-25 fication, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters in respect of which regulations are required to be made by the central or state authorities under this act i laying of rules and regulation 30 (1) every rule made under this act by the '""central government 30 and every regulation made by the central authority thereunder shall be laid, 115 soon as may be after it is made, before each house of parliament while it is in session, for a total petiod 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 35 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 shrll thereafter have effect only in such modified form or be of no eff'ect as the care may be so, how("ver that any such modification or annulment shall 40 be without prejudire to the vaudity of anything previously done under that rule or regulation (2) every rule made under this act by a state government and· every regulation made by a state authority thereunde shall be laid, jls soon as may be after it is made, before the state legislature article 39a of the constitution provides that the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities 2 with the object of providing free legal aid, government had, by a resolution dated the 26th september, 1980 appointed the "committee for implementing legal aid schemes" (cilas) under the chairmanship of mr ju!?tice p n bhagwati (as he then was) to monitor and implement legal aid programmes on a uniform basis in all the states and union territories cilas evolved a model scheme for leg'll aid programme applicable throughout the country by which several legal aid and advice boards have been set up in the states and union territories cilas is funded wholly by grants from the central government the government is accordingly concerned with the programme of legal aid lui it is the implementation of a constitutional mandate but on a review of the working of the cilas, certain deficiencies have come to the fore it is, therefore, felt that it will be desirable to constitute statutory legal service authorities at the national, state and district levt>ls so as to provide for the effective monitoring of legal aid pro-c'tammes the bill provides for the composition of such authorities and for the funding of these authorities by means of grants from the central government and the state governments power has also been given to the national committee end the state committees to supervise the effective implementation of legal aid schemes 3 for some time now, lok adalats are being constituted at va,rious pl'lces in the country for the disposal, in a summary way and through the process of arbitration and settlement between the parties, of a large number of cases expeditiously and with lesser costs the institution of lok adalats is at present functioning as a voluntary and conciliatory agency without any statutory backing for its decisions it has proved to be very popular in providing for a speedier system of administration of ;ustice tn view of its growing popularity, there has been a demand for providing a statutory backing' to this institution and the awards given by lok adalats it is felt that such a statutory support would not only reduce' the burden of arrears of work in regular courts, but would also take ju$tice to the door-steps of the poor and the needy and make justice quicker and less expensive 4 the bill seeks to achieve the above objects the notes on clauses explain the provisions of the bill in detail h r bhardwaj the 24th jujy 1987 clll'lue 2-this clause defines various expressions used in the bill clause 2 (c) defines "legal service" to include the rendering of any service in the conduct of any case before any court, authority or tribunal and the giving of advice on any legal matter clause 3-this clause provides that the central government shall constitute a national legal services authority consisting of the chief justice of india as its patron-in-chief and a serving or retired judge of the supreme court as its executive chairman the central government will also nominate other members possessing the presctibed qualifications and experience ;~:i j" i clause 4-this clause deals with the functions of the national legal services authority to be known as the central authority and provides, amung othe·r things, that the central authority will, subject to the directions of the central gove,rnment, lay down policies and principles for making available legal services effective and economical, allocate funds to various state authorities and district authorities, take steps to promote the cause of social justice in various areas, organise legal aid camps, promote legal aid research, encourage settlement of disputes by way of lok adalats, etc clause 5-this clause provides that the central authority will act in coordination with governmental and non-governmental agencies, universities, etc cl:auses 6 and 7-these clauses provicie for the constitution and functions of legal services authorities at the state level a state authority will consist of the chief justice of the concerned high court or any serving or retired judge of the high court nominated by the governor in consultation with the chief justice who will be its cha4man with such other members nominated by the state government possessing the prescribed qualifications and experience important functions of the state authority are: providing legal ai!i to the persons who satisfy the criteria laid down under the act, conducting of lok adalats, undertaking of preventive and strategic legal aid programmes, etc clause 8-'fhis clause is analogous to clause 5 and provides that the state authority will act in coordination with other governmental and non-governmental agencies, universities, etc, and will be guided by the directions of the central or state government or the central authority c~ause$ 9 and lo-these clauses provide for the constitution and functions of legal service authorities at the district level clause 11-this clause is similar to clauses 5 and 8 the district authority will act in coordination with universities, etc, and will be guided by the directions of the central and state authority clauae, 12 and 13-these clauses provide the criteria for entitlement to legal services to certain categories of persona such as the scheduled castes, the scheduled: tribes, victims of trafficking in human beings, forced labour women and children detained in women's homes and juvenile homes and persons undergoing psychiatric treatment in psychiatric hospitals, etc clause, 14 to 17-these clauses relate to the provisions of finance, accounts and audit under clause 15, a national legal aid l"und will be constituted by the central authority with the grams provided by the central government and with the grants or donations that may be made to that authority by any person a similar fund will be established by every state authority under clause 16 as also by the district authority (clause 17) the state and district legal aid funds will consist of grants paid by the central government, the state government or by any other person for the purposes of the act ctause h~-this clause provides for the proper maintenance of accounts by the three legal services authorities and for the preparation by them of annual statements of accounts including income and expenditure accounts and balance-sheets in the prescribed manner and will be auclited by the comptroller and auditor-general of india or any person appointed by him clause i9-this clause provides that lok adalats are to be organised at such intervals and places as the state or district authority thinks fit the lok acialat will have the same jurisdiction as a civil, criminal or revenue court or tribunal constituted under any law for the time being in force the qualifications and experience of the members of the lok adalat other than judicial officers will be as prescribed by the legal service authority the state government clause 20-if the parties to a suit or other proceeding makes a joint application to a court or tribunal indicating their intentlon ito compromise the matter of their dispute, the presiding officer of the court or tribunal may pass an order transferring the suit to the lok adalat for arriving at a settlement the lok adalat will proceed to dispose of the suit, proceeding, dispute, etc, on the basis of mutual settlement or compromise between the parties clause 21-this clause provides that every award of the lok adalat will be deemed to be a decree of a civil court claube 22-1'hiv clause provides that the lok adalats will have the same powers as that of a civil court for purposes of holding an inquiry, for summoning the parties, for production of documents, for receiving evidence on affidavits, fo,r requisitioning public records, documents etc clame 23-this clause provides for a deeming provision to the effect that the members, officers and employee/> of the various legal services authorities and lok adalats will be public servants clame 24-this clause provides that no suit or other legal proceeding will lie against the central or state gov~nment or against the central, state or district authority for acts done in good faith clause 25-this is an overriding provision to the effect that the provisions of the act will, notwithstanding anything inconsistent therewith contained in any other law for the time being in force, prevaus clause 26-this clause provides for power to the central government to remove difficulties in giving effect to the provisions of the act for a limited period clause 27-this clause provides for rule making powers of the central government clause 28-this clause provides for rule making powers of the state government clause 29-this clause authorises the central authority and every state authority to make regulations under the act clause 30-this clause provides for the laying of rules before th& houses of parliament and state legislature clause ::i of the bill enables the central government to constitute b body to be called ~he national legal services authority and it shall consist of the chief justice of india and some other members an officer not low'er in rank than a special secretary to the government of india will be appointed as member-secretary of the central authority clause 12 of the bill provides for the persons who shall be entitled to legal service clause 14 of the bill empowers the central government to pay to the central authority by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act 2 the grants to be granted by the government and all expenses incurred in connection with the administration of the national legal services authority will be met from the consolidated fund of india the national legal services authority replaces the existing committee for ¥nplementing le!,al aid schemes, the total 'budgehry requirement is estimated at rs 7326 lakhs (rs 58 lakhs as grants-in-aid) for the year 19&7-88 this includes rs 4325 lakhs as the sanctioned budget grant for the committee for implementing legal air schemes for the year 1987-88 of which rs 30 lakhs was t9wards grantin-aid for legal aid programmes this also includes a sum of rs 201 lakhs for ~he appointment of one special secretary, by upgrading the post of the existing secretary, cilas, and for the three posts of the supporting staff to the special secretary and a one time, non-recurring expenditure on furniture, telephones and other facilities to the new functionary ml!:morandum regarding delegated legislationclause 27 of the bill empow~s the central government to make lules to carry out the provisions of the proposed legislation these rules woaid relate to matters which are required to be made by the cclltral government under the provisions of :he bill clause 28 of the 13ill empowers a state government to make rules to provide for any matter, ~lot hemg a matter specified in section 27, in respect of which rules are required to be made ly the state government clause 29 of the bill enables the national legal services authority and every state legal services authority to make regulations to provide for all matters in respect of which regula:ions are required to be made by such authorities under the proposed legislation ~ the matters in respect of which rules may be made by the central government and the state governments and the regulations by the varicus legal services authorities mentioned abo~e would relate to matiers ot adminis~rative detail and procedure the delegation of legislative power is, therefore, of a nonnal character a bill10 constitute legal services authorities to provide free and competent legal services to the weaker sections of the soclety to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organise lok adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity skri h r bhgrdwaj, minilter of stelte-in the ministry of loti) elm ( jubtice) ,0_,'1' ,'';"- | Parliament_bills | a272d25b-748c-5b29-acdd-3197a62989af |
the protection of children from sexual offences bill, 2011———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii sexual offences against childrena—penetrative sexual assault and punishment therefor3 penetrative sexual assault 4 punishment for penetrative sexual assaultb—aggravated penetrative sexual assault and punishment therefor5 aggravated penetrative sexual assault 6 punishment for aggravated penetrative sexual assaultc—sexual assault and punishment therefor7 sexual assault 8 punishment for sexual assaultd—aggravated sexual assault and punishment therefor9 aggravated sexual assault10 punishment for aggravated sexual assaulte—sexual harassment and punishment therefor11 sexual harassment 12 punishment for sexual harassment chapter iii using child for pornographic purposes and punishment therefor13 use of child for pornographic purposes 14 punishment for using child for pornographic purposes 15 punishment for storage of pornographic material involving child chapter iv abetment of and attempt to commit an offence16 abetment of an offence 17 punishment for abetment 18 punishment for attempt to commit an offence chapter v procedure for reporting of cases clauses19 reporting of offences 20 obligation of media, studio and photographic facilities to report cases 21 punishment for failure to report or record a case 22 punishment for false complaint or false information 23 procedure for media chapter vi procedures for recording statement of the child24 recording of statement of a child 25 police officer not to be in uniform 26 accused not to be in contact 27 medical examination of a child chapter vii special courts28 designation of special courts 29 presumption as to certain offences 30 presumption of culpable mental state 31 application of code of criminal procedure, 1973 to proceedings before a special court 32 special public prosecutors chapter viii procedure and powers of special courts and recording evidence33 procedure and powers of special court 34 procedure in case of commission of offence by child and determination of age byspecial court35 period for recording of evidence of child and disposal of case 36 child not to see accused at the time of testifying 37 trials to be conducted in camera38 assistance of an interpreter or expert while recording evidence of child chapter ix miscellaneous39 guidelines for child to take assistance of experts, etc 40 right of child to take assistance of legal practitioner 41 provisions of sections 3 to 13 not to apply in certain cases 42 alternative punishment 43 power to make rules 44 power to remove difficultiesthe schedule the protection of children from sexual offences bill, 2011 a billto protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trial of such offences and for matters connected therewith or incidental thereto whereas clause (3) of article 15 of the constitution, inter alia, empowers the state to make special provisions for children;and whereas, the government of india has acceded on the 11th december, 1992 to the convention on the rights of the child, adopted by the general assembly of the united nations, which has prescribed a set of standards to be followed by all state parties in securing the best interests of the child;and whereas it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child;and whereas it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child;and whereas the state parties to the convention on the rights of the child are required to undertake all appropriate national, bilateral and multilateral measures to prevent—(a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; (c) the exploitative use of children in pornographic performances and materials;and whereas sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressedbe 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 protection of children from sexual offences act, 20115(2) it extends to the whole of india, except the state of jammu and kashmirshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 (1) in this act, unless the context otherwise requires, —(a) "aggravated sexual assault" has the same meaning as assigned to it in section 9;10(b) "aggravated penetrative sexual assault" has the same meaning as assigned to it in section 5;(c) "armed forces or security forces" means armed forces of the union or security forces or police forces, as specified in the schedule;15(d) "child" means any person below the age of eighteen years save as provided otherwise;43 of 2005(e) "domestic relationship" shall have the same meaning as assigned to it in clause (f) of section 2 of the protection of women from domestic violence act, 2005;(f) "penetrative sexual assault" has the same meaning as assigned to it in section 3; (g) "sexual assault" has the same meaning as assigned to it in section 7;20(h) "sexual harassment" has the same meaning as assigned to it in section 11; (i) "shared household" means a household where the person charged with the offence lives in a domestic relationship with the parent of the child and the child;(j) "special court" means a court designated as such under section 28; (k) "special public prosecutor" means a public prosecutor appointed under section 32;2545 of 1860 2 of 1974 56 of 2000 21 of 2000(2) the words and expressions used herein and not defined but defined in the indian penal code, the code of criminal procedure, 1973, the juvenile justice (care and protection of children) act, 2000 and the information technology act, 2000 shall have the meanings respectively assigned to them in the said codes or the acts chapter ii30 sexual offences against children a—penetrative sexual assault and punishment therefor3 a person is said to commit "penetrative sexual assault" if—penetrative sexual assault(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anusof a child or makes the child to do so with him or any other person; or35| ( ||--------------------------------------------------------------------------------------------|| into the vagina, the urethra or anus of the child or makes the child to do so with him or || any other person; or |40| ( | c | ) he manipulates any part of the body of the child so as to cause penetration ||--------------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------------|| into the vagina, urethra, anus or any part of body of the child or makes the child to do | | || so with him or any other person; or | | || ( | d | ) he applies his mouth to the penis, vagina, anus, urethra of the child or makes || the child to do so to such person or any other person: | | |5provided that where such penetrative sexual assault is committed against a child between sixteen to eighteen years of age, it shall be considered whether the consent for such an act has been obtained against the will of the child or the consent has been obtained by use of violence, force, threat to use force, intoxicants, drugs, impersonation, fraud, deceit, coercion, undue influence, threats, when the child is sleeping or unconscious or where the child does not have the capacity to understand the nature of the act or to resist it explanation i— for the purposes of this section,—10(a) "consent" means the unequivocal voluntary agreement where the person has by words, gestures, or any form of non-verbal communication, communicated willingness to participate in the act referred to in this section;(b) "unequivocal voluntary agreement" means willingness given for specific and be limited to the express act consented to under this section15explanation ii— a child, who does not offer actual physical resistance to penetrative sexual assault is not by reason only of that fact, to be regarded as consenting to the sexual activity4 whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to finepunishment for penetrative sexual assault b—aggravated penetrative sexual assault and punishment therefor20 5 (a) whoever, being a police officer, commits penetrative sexual assault on a child —(i) within the limits of the police station or premises at which he is appointed; oraggravated penetrative sexual assault(ii) in the premises of any station house, whether or not situated in the police station, to which he is appointed; or25(iii) in the course of his duties or otherwise; or(b) whoever being a member of the armed forces or security forces commits penetrative sexual assault on a child—(i) within the limits of the area to which the person is deployed; or (ii) in any areas under the command of the forces or armed forces; or30(iii) in the course of his duties or otherwise; or(iv) where the said person is known or identified as a member of the security or armed forces; or(c) whoever being a public servant commits penetrative sexual assault on a child; or35(d) whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home, or other place of custody or care and protection; or(e) whoever being on the management or staff of a hospital, whether government or private, commits penetrative sexual assault on a child in that hospital; or40(f) whoever being on the management or staff of an educational institution, commits penetrative sexual assault on a child in that institution; or(g) whoever commits gang penetrative sexual assault on a child; or (h) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or45(i) whoever commits penetrative sexual assault causing grievous hurt or causing injury to the sexual organs of the child; or(j) whoever commits penetrative sexual assault on a child, which—5(i) physically incapacitates the child or causes the child to become mentally ill or to become mentally unfit to perform regular tasks, temporarily or permanently; or(ii) in the case of female child, makes the child pregnant as a consequence of sexual assault;10(iii) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or (k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual assault on the child; or(l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or15(m) whoever commits penetrative sexual assault on a child below twelve years; or20(n) whoever being a relative of the child through blood or adoption or marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits penetrative sexual assault on such child; or(o) whoever being, in the ownership, or management, or staff, of any institution providing services to the child, commits penetrative sexual assault on the child; or(p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of the child or any where else; or25(q) whoever commits penetrative sexual assault on a child knowing the child is pregnant;or(r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or(s) whoever commits penetrative sexual assault on a child in the course of communal or sectarian violence; or30(t) whoever commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force, is said to commit aggravated penetrative sexual assault356 whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous 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 finepunishment for aggravated penetrative sexual assault c—sexual assault and punishment thereforsexual assault407 whoever, with sexual intent touches the vagina, penis, anus or breast of the childor makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault:45provided that where such penetrative sexual assault is committed against a childbetween sixteen to eighteen years of age, it shall be considered whether the consent for such act has been obtained against the will of the child or the consent has been obtained by use of violence, force, threat to use force, intoxicants, drugs, impersonation, fraud, deceit, coercion, undue influence, threats, when the child is sleeping or unconscious, or where the child does not have the capacity to understand the nature of the act or to resist itexplanation i— for the purposes of this section,—(a) "consent" means the unequivocal voluntary agreement where the person has by words, gestures, or any form of non-verbal communication, communicated willingness to participate in the act referred to in this section;5(b) "unequivocal voluntary agreement" means willingness given for specificand be limited to the express act consented to under this sectionexplanation ii— a child who does not offer actual physical resistance to sexual activity is not by reason only of that fact, to be regarded as consenting to the sexual assaultexplanation iii— any question which involves "sexual intent" shall be a question of fact10punishment for sexual assault8 whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine d—aggravated sexual assault and punishment therefor159 (a) whoever, being a police officer, commits sexual assault on a child—aggravated sexual assault(i) within the limits of the police station or premises where he is appointed; or (ii) in the premises of any station house whether or not situated in the policestation to which he is appointed; or(iii) in the course of his duties or otherwise; or20(iv) when the person is known or identified as a police officer; or(b) whoever, being a member of the armed forces or security forces, commits sexual assault on a child—(i) within the limits of the area to which the person is deployed; or (ii) in any areas under the command of the security or armed forces; or25(iii) in the course of his duties or otherwise; or (iv) where he is known or identified as a member of the security or armed forces; or(c) whoever being a public servant commits sexual assault on a child; or30(d) whoever being on the management or on the staff of a jail, or remand home orprotection home or observation home, or other place of custody or care and protection established by or under any law for the time being in force commits sexual assault on a child being inmate of such jail or remand home or protection home or observation home or other place of custody or care and protection; or(e) whoever being on the management or staff of a hospital, whether government orprivate, commits sexual assault on a child in that hospital; or35(f) whoever being on the management or staff of an educational institution, commits sexual assault on a child in that institution; or(g) whoever commits gang sexual assault on a child ; or (h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or40(i) whoever commits sexual assault causing grievous hurt or causing injury to the sexual organs of the child; or(j) whoever commits penetrative sexual assault on a child, which—(i) physically incapacitates the child or causes the child to become mentally ill or to become mentally unfit to perform regular tasks, temporarily or permanently; or45(ii) inflicts the child with human immunodeficiency virus or any other lifethreatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or51015 20punishment for aggravated sexual assaultsexual harassment25 30 35punishment for sexual harassment40use of child for pornographic purposes4550(k) whoever, taking advantage of a child's mental or physical disability, commits sexual assault on the child; or(l) whoever commits sexual assault on the child more than once or repeatedly; or (m) whoever commits sexual assault on a child below twelve years; or (n) whoever, being a relative of the child through blood or adoption or marriage or guardianship or in foster care, or having domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits sexual assault on such child; or(o) whoever being in the ownership or management or staff, of any institution providing services to the child, commits sexual assault on the child in such institution; or(p) whoever, being in a position of trust or authority of a child, commits sexual assault on the child in an institution or home of the child or anywhere else; or(q) whoever commits sexual assault on a child knowing the child is pregnant; or (r) whoever commits sexual assault on a child and attempts to murder the child; or (s) whoever commits sexual assault on a child in the course of communal or sectarian violance; or(t) whoever commits sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force, is said to commit aggravated sexual assault10 whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to finee—sexual harassment and punishment therefor11 a person is said to commit sexual harassment upon a child when such person with sexual intent,—(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or(iii) shows any object to a child in any form or media for pornographic purposes; or(iv) repeatedly or constantly follows or watches or contacts a child either directly or through any means; or(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act explanation—any question which involves "sexual intent" shall be a question of fact 12 whoever commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to finechapter iiiusing child for pornographic purposes and punishment therefor13 whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes—(a) representation of the sexual organs of a child; (b) usage of a child engaged in real or simulated sexual acts (with or without penetration);(c) the indecent or obscene representation of a child, shall be guilty of the offence of using a child for pornographic purposesexplanation—for the purposes of this section, the expression ''use a child'' shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material5punishment for using child for pornographic purposes14 (1) whoever, uses a child or children for pornographic purposes shall be liable forrigorous imprisonment which may extend to five years and shall also be liable to fine and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine10(2) if the person using the child for pornographic purposes commits any offencereferred to in section 3, or section 5, or section 7, or section 9, by directly participating in pornographic acts, he shall be punishable for life imprisonment and shall also be liable to fine15 any person, who stores, for commercial purposes any pornographic material in any form involving a child shall be punished with imprisonment of either description which may extend to three years or with fine or with both chapter iv15punishment for storage of pornographic material involving child abetment of and attempt to commit an offence16 a person abets an offence, who—abetment of an offencefirst— instigates any person to do that offence; or20secondly— engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence; or thirdly—intentionally aids, by any act or illegal omission, the doing of that offence25explanation i— a person who, by wilful misrepresentation, or by wilful concealment of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done, is said to instigate the doing of that offenceexplanation ii—whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act30punishment for abetment17 whoever abets any offence under this act, if the act abetted is committed inconsequence of the abetment, shall be punished with punishment provided for that offence| explanation ||----------------------------------------------------------------------------------------------|| when it is committed in consequence of the instigation, or in pursuance of the conspiracy or || with the aid, which constitutes the abetment |35punishment for attempt to commit an offence18 whoever attempts to commit any offence punishable under this act or to causesuch an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of either description which may extend to one year or with fine or with both chapter v40 procedure for reporting of casesreporting of offences2 of 197419 (1) notwithstanding anything contained in the code of criminal procedure, 1973,any person (including the child), who apprehends that an offence under this act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,—45(a)the special juvenile police unit; or(b)the local police(2) every report given under sub-section (1) shall be—(a) ascribed an entry number and recorded in writing; (b) be read over to the informant; (c) shall be entered in a book to be kept by the police unit5(3) where the report under sub-section (1) is given by a child, the same shall be recorded under sub-section (2) in a simple language so that the child understands contents being recorded10(4) in case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter shall be provided to the child if he fails to understand the same(5) where the special juvenile police unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection (including admitting the child into shelter home or to the nearest hospital) within twenty-four hours of the report, as may be required15(6) the special juvenile police unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the special court or where no special court has been designated, to the court of session, including need of the child for care and protection and steps taken in this regard20obligation of media, studio and photographic facilities to report cases2520 any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child (including pornographic, sexually-related or making obscene representation of a child or children) through the use of any medium, shall provide such information to the special juvenile police unit, or to the local police, as the case may bepunishment for failure to report or record a case21 (1) any person, who fails to report an offence under sub-section (1) of section 19or section 20 or who fails to record such offence under sub-section (2) of section 19 shall be punished with imprisonment of either description which may extend to six months or with fine or with both30(2) any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section (1) of section 19in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine(3) the provisions of sub-section (1) shall not apply to a child under this act35punishment for false complaint or false information22 (1) any person, who makes false complaint or provides false information against any person, in respect of an offence committed on a child below the age of sixteen years, under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term which may extend to six months or with fine or with both40(2) where a false complaint has been made or false information has been provided by a child, being less than sixteen years, no punishment shall be imposed on such child4556 of 2000(3) where a false complaint has been made or false information has been provided by a child being more than sixteen years, and it is proved that the complaint was made or information was provided with his own informed decision and in such case, the child shall be sent to the juvenile justice board constituted under section 4 of the juvenile justice (care and protection of children) act, 2000, for suitable remedial action50(4) whoever, not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimising such child in any of the offences under this act, shall be punished with imprisonment which may extend to one year or with fine or with bothprocedure for media523 (1) no person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, and without the consent of the child or his parents or guardian, who may be involved in an offence under this act either as an accused or as a victim, which may have the effect of lowering his character or infringing upon his privacy(2) no reports in any media shall disclose, without the consent of the child or his parents or guardian, the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child10(3) the publisher or owner of the media or studio or photographic facilities shall bejointly and severally liable for the acts and omissions of his employee(4) any person who contravenes the provisions of sub-section (1) or sub-section (2)shall be liable to be punished with imprisonment of either description for a period which shall not be less than one year but which may extend to two years or with fine or with both chapter vi 15 procedures for recording statement of the child24 (1) for the purposes of recording the statement of the child, the provisions of section 157 of the code of criminal procedure, 1973 shall applyrecording of statement of a child2 of 19742 of 197420(2) if the statement of the child is being recorded under section 164 of the code ofcriminal procedure,1973, the magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence:provided that the magistrate may wherever necessary, take the assistance of an interpreter while recording the statement of the child:25provided further that the magistrate may, in case of a child having a mental or physicaldisability, seek the assistance of a special educator or an expert in that field to record the statement of the child2 of 197430(3) notwithstanding anything contained in section 164 of the code of criminalprocedure, 1973 where any statement of the child is recorded by audio-video electronic means, it shall be recorded in the presence of the parents of the child or any other person in whom the child has trust or confidence2 of 1974(4) the provisions contained in the first proviso to sub-section (1) of section 164 ofthe code of criminal procedure, 1973 shall, so far it permits the presence of the advocate of the accused shall not apply in this case352 of 1974(5) the magistrate shall provide to the child or his representative, a copy of thedocument specified under section 207 of the code of criminal procedure, 1973, upon the final report being filed by the police under section 173 of that code25 without prejudice to the provisions contained in sub-section (1) of section 24, thepolice officer while recording the statement of the child shall not be present in his uniformpolice officer not to be in uniform40accused not to be in contact26 the police officer making the investigation, shall, while examining the child, ensurethat at no point of time the child come in the contact in any way with the accusedmedical examination of a child452 of 197427 the medical examination of a child in respect of whom any offence has beencommitted under this act, shall, notwithstanding that a first information report or complaint has not been registered for the offences under this act, be conducted in accordance with section 164a of the code of criminal procedure, 1973 chapter vii special courtsdesignation of special courts28 (1) for the purposes of providing a speedy trial, the state government shall in consultation with the chief justice of the high court, by notification in the official gazette, designate for each district, a court of session to be a special court to try the offences under the act2 of 19745(2) while trying an offence under this act, a special court shall also try an offence[other than the offence referred to in sub-section (1), with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial21 of 2000(3) the special court constituted under this act, notwithstanding anything in the information technology act, 2000, shall have jurisdiction to try offences under section 67b of that act in so far as it relates to publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online10presumption as to certain offences29 where a person is prosecuted for violating any of the provisions under sections3, 5, 7 and section 9 of this act, and where the victim is a child below the age of sixteen years, the special court shall presume, that such person has committed the offence, unless the contrary is proved15presumption of culpable mental state30 (1) in any prosecution for any offence under this act which requires a culpablemental state on the part of the accused, the special court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution(2) for the purposes of this section, a fact is said to be proved only when the special court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability20explanation—in this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact2 of 19742531 save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973 (including the provisions as to bail and 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 sessions and the person conducting a prosecution before a special court, shall be deemed to be a public prosecutorapplication of code of criminal procedure, 1973 to proceedings before a special court special public prosecutors3032 (1) the state government shall, by notification in the official gazette, appoint a special public prosecutor for every special court for conducting cases only under the provisions of this act(2) a person shall be eligible to be appointed as a special public prosecutor under subsection (1) only if he had been in practice for not less than seven years as an advocate(3) every person appointed as a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause (u) of section 2 of the code of criminal procedure , 1973 and provision of that code shall have effect accordingly2 of 197435 chapter viii procedure and powers of special courts and recording of evidenceprocedure and powers ofspecial court4033 (1) a special court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts(2) the special public prosecutor, or as the case may be, the counsel appearing for the accused shall, while recording the examination-in-chief, cross-examination or re-examination of the child, communicate the questions to be put to the child to the special court which shall in turn put those questions to the child45(3) the special court may, if it considers necessary, permit frequent breaks for the child during the trial(4) the special court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court(5) the special court shall ensure that the child is not called repeatedly to testify in the court5(6) the special court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all times during the trial(7) the special court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial, except with the consent of the child or his parents or guardian10explanation—for the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed15(8) in appropriate cases, the special court may, in addition to the punishment, direct payment of compensation to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child(9) subject to the provisions of this act, a special court shall, for the purpose of the trial of any offence under this act, have all the powers of a court of session and shall try such offence as if it were a court of session, and as far as may be, in accordance with the procedure specified in the code of criminal procedure, 1973 for trial before a court of session2 of 19742056 of 200034 (1) where any offence under this act is committed by a child, such child shall be dealt with under the provisions of the juvenile justice (care and protection of children) act,200025procedure in case of commission of offence by child and determination of age by special court(2) if any question arises in any proceeding before the special court whether a person is a child or not, such question shall be determined by the special court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination(3) no order made by the special court shall be deemed to be invalid merely by any subsequent proof that the age of a person as determined by it under sub-section (2) was not the correct age of that person3035 (1) the evidence of the child shall be recorded within a period of thirty days of the special court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the special courtperiod for recording of evidence of child and disposal of case(2) the special court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence3536 (1) the special court shall ensure that the child is not exposed in any way to theaccused at the time of recording of the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocatechild not to see accused at the time of testifying(2) for the purposes of sub-section (1), the special court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device4037 the special court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence:trials to be conducted incamera2 of 1974provided that where the special court is of the opinion that the child needs to be examined at a place other than the court, it shall proceed to issue a commission in accordance with the provisions of section 284 of the code of criminal procedure, 197338 (1) wherever necessary, the court may take the assistance of an interpreter while recording the evidence of the child5(2) if a child has a mental or physical disability, the special court may take the assistance of a special educator or an expert in that field to record the evidence of the childassistance of an interpreter or expert while recording evidence of child chapter ix miscellaneous10guidelines for child to take assistance of experts, etc39 subject to such rules as may be made in this behalf, the state government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child2 of 19741540 subject to the provisio to section 301 of the code of criminal procedure, 1973 the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this act:right of child to take assistance of legal practitionerprovided that if the family or the guardian of the child are unable to afford a legal counsel, the legal services authority shall provide a lawyer to them2041 the provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical examination or medical treatment of a child when such medical examination or medical treatment is undertaken with the consent of his parents or guardianprovisions of sections 3 to 13 not to apply in certain cases alternative punishment2542 where an act or omission constitute an offence punishable under this act and also under any other law for the time being in force, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such law or this act as provides for punishment which is greater in degreepower to make rules43 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30 35(2) every rule made under sub-section (1) shall be laid, as soon as may be after it ismade, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the 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 rulepower to remove difficulties4044 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions notinconsistent with the provisions of this act as may appear to it to be necessary or expedient for removal of the difficulty:provided that no order shall be made under this section after the expiry of the period of two years from the commencement of this act| ( ||----------------------------------|| before each house of parliament || 45 | the schedule [see section 2(c)] armed forces and security forces constituted under(a) the air force act, 1950 (45 of 1950);5(b) the army act, 1950 (46 of 1950); (c) the assam rifles act, 2006 (47 of 2006); (d) the bombay home guard act, 1947; (e) the border security force act, 1968 (47 of 1968); (f) the central industrial security force act, 1968 (50 of 1968);10(g) the central reserve police force act, 1949 (66 of 1949); (h) the coast guard act, 1978 (30 of 1978); (i) the delhi special police establishment act, 1946 (25 of 1946); (j) the indo-tibetan border police force act, 1992 (35 of 1992); (k) the navy act, 1957 (62 of 1957);15(l) the national investigation agency act, 2008 (34 of 2008); (m) the national security guard act,1986 (47 of 1986); (n) the railway protection force act, 1957 (23 of 1957); (o) the sashastra seema bal act, 2007 (53 of 2007); (p) the special protection group act, 1988 (34 of 1988);20(q) the territorial army act, 1948 (56 of 1948);(r) the state police forces (including armed constabulary) constituted under the state laws to aid the civil powers of the state and empowered to employ force during internal disturbances or otherwise including armed forces as defined in clause (a) of section 2 of the armed forces (special powers) act, 1958 (28 of 1958) statement of objects and reasonsarticle 15 of the constitution, inter alia, confers upon the state powers to make special provision for children further, article 39, inter alia, provides that the state shall in particular direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity2 the united nations convention on the rights of children, ratified by india on11th december, 1992, requires the state parties to undertake all appropriate national, bilateral and multilateral measures to prevent (a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; and (c) the exploitative use of children in pornographic performances and materials3 the data collected by the national crime records bureau shows that there has been increase in cases of sexual offences against children this is corroborated by the 'study on child abuse: india 2007' conducted by the ministry of women and child development moreover, sexual offences against children are not adequately addressed by the extant laws a large number of such offences are neither specifically provided for nor are they adequately penalised the interests of the child, both as a victim as well as a witness, need to be protected it is felt that offences against children need to be defined explicitly and countered through commensurate penalties as an effective deterrence4 it is, therefore, proposed to enact a self contained comprehensive legislation inter alia to provide for protection of children from the offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well being of the child at every stage of the judicial process, incorporating child-friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of special courts for speedy trial of such offences5 the bill would contribute to enforcement of the right of all children to safety, security and protection from sexual abuse and exploitation6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;krishna tiraththe 16th march, 2011 notes on clausesclause 2— this clause provides for definitions it defines the various expressions used in the proposed legislation which, inter alia, include the expressions "aggravated sexual assault", "aggravated penetrative sexual assault", "armed forces or security forces", "child", "domestic relationship", ''penetrative sexual assault", "sexual assault", "sexual harassment", "shared household", "special court" and "special public prosecutor"it further provides that words and expressions used in the proposed legislation and not defined but defined in the indian penal code, the code of criminal procedure, 1973, the juvenile justice (care and protection of children) act, 2000 and the information technology act, 2000 shall have the meaning respectively assigned to them in the said codes or the actsclause 3—this clause defines the offence of penetrative sexual assault it provides that if a person penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of child or makes the child to do so with him or any other person; or manipulates any part of the body of the child so as to cause penetration into the vagina, urethra or anus or any part of the body of the child or makes the child to do so with him or any other person; or applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so with him or any other person, he is said to commit the offence of penetrative sexual assaultit further provides that where such penetrative sexual assault is committed against a child between sixteen to eighteen years of age, it shall be considered whether the consent for such act has been obtained against the will of the child, or the consent has been obtained by use of violence, force, threat to use force, intoxicants, drugs, impersonation, fraud, deceit, coercion, undue influence, threats, when the child is sleeping or unconscious or where the child does not have the capacity to understand the nature of the act or to resist itit also provides explanation that for the purposes of this clause, the expression"consent" means the unequivocal voluntary agreement where the person has by words, gestures, or any form of non-verbal communication, communicated willingness to participate in the act referred to in the clause; and "unequivocal voluntary agreement" means willingness given for specific and be limited to the express act consented to under this clause it also clarifies that a child, who does not offer actual physical resistance to penetrative sexual assault is not by reason only of that fact, to be regarded as consenting to the sexual activityclause 4—this clause provides for punishment for penetrative sexual assault it provides that whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fineclause 5—this clause defines the offence of aggravated penetrative sexual assaultit provides that a person is said to commit aggravated penetrative sexual assault, if he—(a) being a police officer, commits penetrative sexual assault on a child (i) within the limits of the police station or premises at 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) in the course of his duties or otherwise; or(b) being a member of the armed forces or security forces commits penetrative sexual assault on a child (i) within the limits of the area to which the person is deployed; or (ii) in any areas under the command of the forces or armed forces; or (iii) in the course of his duties or otherwise; or (iv) where the said person is known or identified as a member of the security or armed forces; or(c) being a public servant commits penetrative sexual assault on a child; or (d) being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home, or other place of custody or care and protection; or(e) being on the management or staff of a hospital, whether government or private, commits penetrative sexual assault on a child in that hospital; or(f) being on the management or staff of an educational institution, commits penetrative sexual assault on a child in that institution; or(g) commits gang penetrative sexual assault; or (h) commits penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or(i) commits penetrative sexual assault causing grievous hurt or causing injury to the sexual organs of the child; or(j) commits penetrative sexual assault upon a child which (i) physically incapacitates the child or causes the child to become mentally ill or to become mentally unfit to perform regular tasks, temporarily or permanently; or (ii) in the case of female child, makes the child pregnant as a consequence of sexual assault; (iii) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or(k) commits penetrative sexual assault on a child taking advantage of his mental or physical disability; or(l) commits penetrative sexual assault on the child more than once or repeatedly;or(m) commits penetrative sexual assault on a child below twelve years; or (n) being a relative of the child through blood or adoption or marriage or guardianship or in foster care, or having a domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits penetrative sexual assault on such child; or(o) being, in the ownership, or management, or staff, of any institution providing services to the child, commits penetrative sexual assault on the child; or(p) being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of the child or anywhere else; or(q) commits penetrative sexual assault on a child knowing the child is pregnant;or(r) commits penetrative sexual assault on a child and attempts to murder the child; or(s) commits penetrative sexual assault on a child in the course of communal or sectarian violence; or(t) commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force clause 6—this clause provides for punishment for aggravated penetrative sexual assault it provides that whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten year but which may extend to imprisonment for life, and shall also be liable to fineclause 7— this clause defines the offence of sexual assault it provides that a person is said to commit sexual assault if he with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetrationit further provides that where such sexual assault is committed against a child between sixteen to eighteen years of age, it shall be considered whether the consent for such act has been obtained against his will, or the consent has been obtained by use of violence, force, threat to use force, intoxicants, drugs, impersonation, fraud, deceit, coercion, undue influence, threats, when the child is sleeping or unconscious, or where the child does not have the capacity to understand the nature of the act or to resist itit also clarifies that the expression "consent" means the unequivocal voluntary agreement where the person has by words, gestures, or any form of non-verbal communication, communicated willingness to participate in the act referred to in this clause, and the expression "unequivocal voluntary agreement" means willingness given for specific and be limited to the express act consented to under this clause and that a person who does not offer actual physical resistance to sexual activity is not by reason only of that fact, to be regarded as consenting to the sexual assault and that any question which involves ''sexual intent'' shall be a question of factclause 8—this clause provides punishment for sexual assault it provides that whoever commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but may extend to five years and shall also be liable to fineclause 9— this clause defines the offence of aggravated sexual assault it provides that a person is said to commit aggravated sexual assault, if he—(a) being a police officer, commits sexual assault on a child (i) within the limits of the police station or premises where 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) in the course of his duties or otherwise; or (iv) when the person is known or identified as a police officer; or(b) being a member of the armed forces or security forces, commits sexual assault on a child (i) within the limits of the area to which the person is deployed; or (ii) in any areas under the command of the security or armed forces; or (iii) in the course of his duties or otherwise; or (iv) where he is known or identified as a member of the security or armed forces; or(c) being a public servant, commits sexual assault on a child; or (d) being on the management or on the staff of a jail, or remand home or protection home or observation home, or other place of custody or care and protection established by or under any law for the time being in force commits sexual assault on a child being inmate of such jail or remand home or protection home or observation home or other place of custody or care and protection; or(e) being on the management or staff of a hospital, whether government or private, commits sexual assault on a child in that hospital; or(f) being on the management or staff of an educational institution, commits sexual assault on a child in that institution; or(g) commits gang sexual assault on a child ; or (h) commits sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or(i) commits sexual assault causing grievous hurt or causing injury to the sexual organs of the child; or(j) commits sexual assault upon a child which (i) physically incapacitates the child or causes the child to become mentally ill or to become mentally unfit to perform regular tasks, temporarily or permanently; or (ii) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or(k) commits sexual assault on a child taking advantage of his mental or physical disability; or(l) commits sexual assault on the same child more than once or repeatedly; or (m) commits sexual assault on a child below twelve years; or (n) being a relative of the child through blood or adoption or marriage or guardianship or in foster care, or having domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits sexual assault on such child; or(o) being in the ownership or management or staff, of any institution providing services to the child, commits sexual assault on the child in such institution; or(p) being in a position of trust or authority of a child, commits sexual assault on the child in an institution or home of the child or anywhere else; or(q) commits sexual assault on a child knowing the child is pregnant; or (r) commits sexual assault on a child and attempts to murder the child; or (s) commits sexual assault on a child in the course of communal or sectarian violence; or(t) commits sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force clause 10—this clause provides for punishment for aggravated sexual assault it provides that whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years and shall also be liable to fineclause 11—this clause defines the offence of sexual harassment it provides that a person is said to commit sexual harassment upon a child when such person with sexual intent (i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or (ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or (iii) shows any object to a child in any form or media for pornographic purposes; or (iv) repeatedly or constantly follows or watches or contacts a child either directly or through any means; or (v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act it further clarifies that any question which involves ''sexual intent'' shall be a question of factclause 12—this clause provides for punishment for sexual harassment it provides that whoever commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fineclause 13— this clause defines the offence of use of child for pornographic purposesit provides that whoever uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes (a) representation of the sexual organs of a child; (b) usage of a child engaged in real or simulated sexual acts (with or without penetration); or (c) the indecent or obscene representation of a child, shall be guilty of the offence of using a child for pornographic purposesit further clarifies that for the purposes of this clause, the expression "use a child" shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic materialclause 14—this clause provides for punishment for using a child for pornographic purposes it provides that whoever uses a child or children for pornographic purposes shall be liable for rigorous imprisonment which may extend to five years and shall also be liable to fine and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fineit further provides that if the person using the child for pornographic purposes, commits any offence referred to in clause 3, or clause 5, or clause 7, or clause 9, by directly participating in pornographic acts, then he shall be punishable for life imprisonment and shall also be liable to fineclause 15—this clause provides for punishment for storage of pornographic material involving child it provides that any person who stores, for commercial purposes, any pornographic material in any form involving a child shall be punished with imprisonment of either description that may extend up to three years or with fine or with bothclause 16—this clause provides the definition for abetment of an offence it provides that a person abets an offence if he instigates any person to do that offence; or engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence; or intentionally aids, by any act or illegal omission, the doing of that offenceit further clarifies that a person who, by wilful misrepresentation, or by wilful concealment of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done, is said to instigate the doing of that offenceit also clarifies that whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that actclause 17— this clause provides for punishment for abetment it provides that whoever abets any offence under the proposed legislation and if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for the offenceit further clarifies that 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 abetmentclause 18—this clause provides for punishment for attempt to commit an offence it provides that whoever attempts to commit any offence punishable under the proposed legislation or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of either description which may extend to one year or with fine or with bothclause 19—this clause makes provision for reporting of offences it provides that notwithstanding anything contained in the code of criminal procedure, 1973, any person (including the child), who apprehends that an offence under the proposed legislation is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to the special juvenile police unit; or the local policeit further provides that every report given aforesaid shall be ascribed an entry number and recorded in writing and be read over to the informant and shall be entered in a book to be kept by the police unit where such report is given by a child, the same shall be recorded in a simple language so that the child understands contents being recorded and in case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter shall be provided to the child if he fails to understand the sameit also provides that where the special juvenile police unit or local police is of the opinion that the child against whom an offence has been committed is in need of care and protection, then, it shall after recording the reasons in writing, make immediate arrangement to give him such care and protection (including admitting the child into shelter home or to the nearest hospital) within twenty-four hours of the reportit is provided that the special juvenile police unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the special court or where no special court has been designated, to the court of session, including need of the child for care and protection and steps taken in this regardclause 20—this clause provides for obligation of media, studio and photographic facilities to report cases it provides that if any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, comes across any material or object which is sexually exploitative of the child (including pornographic, sexually-related or making obscene representation of a child or children) through the use of any medium, then he shall provide such information to the special juvenile police unit, or to the local police, as the case may beclause 21—this clause provides for punishment for failure to report or record a caseit provides that any person, who fails to report an offence under sub-clause (1) of clause 19or clause 20; or who fails to record such offence under sub-clause (2) of clause 19 shall be punished with imprisonment of either description which may extend to six months or with fine or with bothit further provides that any person, being in-charge of any company or an institution(by whatever name called), who fails to report the commission of an offence under subclause (1) of clause 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fineit also provides that the provisions of punishment for failure to report under subclause (1) of this clause shall not apply to a child under the proposed legislationclause 22—this clause provides for punishment for false complaint or false information it provides that any person, who makes false complaint or provides false information against any person, in respect of an offence committed on a child below the age of sixteen years, under clauses 3, 5, 7 and 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term that may extend to six months or with fine or with bothit further provides that if a child, being less than sixteen years, makes a false complaint or provides false information then no punishment shall be imposed on such childit also provides that where a false complaint has been made or false information has been provided by any child being more than sixteen years, and it is proved that the complaint was made or information was provided with his own informed decision, in such case, the child shall be sent to the juvenile justice board constituted under section 4 of the juvenile justice (care and protection of children) act, 2000, for suitable remedial actionit also provides that whoever, not being a child, makes a false complaint or provides any false information against a child, knowing it to be false, thereby victimising such child in any of the offences under the proposed legislation, shall be punished with imprisonment which may extend to one year or with fine or with bothclause 23—this clause provides for procedure for media it provides that no person from any form of media or studio or photographic facilities shall, without having complete and authentic information, make any report or present comments on any child who may be involved in an offence under the proposed legislation either as an accused or as a victim, which may have the effect of lowering his character or infringing upon his privacy, without the consent of the child or his parents or guardianit further provides that no reports in any media shall disclose the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child without the consent of the child or his parents or guardianit also provides that the publisher or owner of the media or studio or photographic facilities shall be jointly and severally liable for the act and omission of his employeeit also provides that any person who contravenes the provisions of sub-clause (1) of this clause shall be liable to be punished with imprisonment of either description for a period which shall not be less than one year and may extend to two years or with fine or with bothclause 24—this clause provides for recording the statement of a child it provides that for the purposes of recording the statement of the child, the provisions of section 157 of the code of criminal procedure, 1973 shall applyit further provides that if the statement of the child is being recorded under section 164of the code of criminal procedure, 1973, the magistrate recording such statement shall record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence and wherever necessary, the magistrate may take the assistance of an interpreter while recording the statement of the child and in case of a child having a mental or physical disability, seek the assistance of special educator or an expert in that field to record the statement of the childit also provides that notwithstanding anything contained in section 164 of the code of criminal procedure, 1973 where any statement of the child is recorded by audio-video electronic means, it shall be recorded in the presence of the parents of the child or any other person in whom the child has trust or confidenceit also provides that the provisions contained in first proviso to sub-section (1) of section 164 of the code of criminal procedure, 1973 shall, so far it permits the presence of the advocate of the accused shall not apply in this caseit also provides that the magistrate shall provide to the child or his representative, a copy of the document specified under section 207 of the code of criminal procedure, 1973, upon the final report being filed by the police under section 173 of that codeclause 25—this clause provides for police officer not to be in uniform it provides without prejudice to the provisions contained in sub-clause (1) of clause 24, that the police officer while recording the statement of the child shall not be present in his uniformclause 26—this clause provides for the accused not to be in contact with the childit provides that the police officer making the investigation, shall, while examining the child, ensure that at no point of time the child come in the contact in any way with the accusedclause 27—this clause provides for medical examination of a child it provides that the medical examination of a child in respect of whom any offence has been committed under the proposed legislation shall be conducted in accordance with section 164a of the code of criminal procedure, 1973 whether or not the first information report or complaint has been registered for the offenceclause 28—this clause makes provision for special courts it provides that for the purpose of providing a speedy trial, the state government shall in consultation with the chief justice of the high court and by notification in the official gazette, designate for each district, a court of session to be a special court to try the offences under the proposed legislationit further provides that while trying an offence under the proposed legislation, a special court shall also try an offence with which the accused may, under the code of criminal procedure, 1973 be charged at the same trialit also provides that the special court constituted under the proposed legislation shall have jurisdiction to try offence under section 67b of the information technology act, 2000 in so far as it relates to publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children onlineclause 29—this clause provides for presumption as to certain offences it provides that where a person is prosecuted for violating any of the provisions under clauses 3, 5, 7 and 9 of the proposed legislation, and where the victim is a child below the age of sixteen years, the special court shall presume that such person has committed the offence, unless the contrary is provedclause 30—this clause provides for presumption of culpable mental state it provides that in any prosecution for any offence under the proposed legislation which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecutionit further provides that for the purposes of this clause, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probabilityit also explains that "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a factclause 31—this clause provides for application of code of criminal procedure, 1973to proceedings before a special court it provides that the provisions of the code of criminal procedure, 1973 (including the provisions as to bail and bonds) shall apply to the proceedings before a special court and the special court shall be deemed to be a court of sessions for the purposes of the said provisions and the person conducting a prosecution before a special court, shall be deemed to be a public prosecutorclause 32—this clause makes provision for special public prosecutors it provides that the state government shall, by notification in the official gazette, appoint a special public prosecutor for every special court for conducting cases under the provisions of the proposed legislationit further provides that a person shall be eligible to be appointed as a special public prosecutor only if he had been in practice for not less than seven years as an advocate and every person appointed as a special public prosecutor under this clause shall be deemed to be a public prosecutor under the code of criminal procedure, 1973 and provision of the code shall have effect accordinglyclause 33—this clause provides for procedure and powers of special courts it provides that a special court may take cognizance of any offence upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts, without the accused being committed to it for trialit further provides that the special public prosecutor, or as the case may be, the counsel appearing for the accused shall while recording the examination-in-chief, crossexamination or re-examination of the child, communicate the questions to be put to the child to the special court, and the special court may, if it considers necessary, permit frequent breaks for the child during the trial it also lays down that the special court shall create a child-friendly atmosphere by allowing a family member, or a guardian, or a friend or a relative, in whom the child reposes confidence, to be present in the court and the special court shall ensure that the child is not called repeatedly to testify in the courtit also provides that the special court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all times and the special court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial, except with the consent of the child or his parents or guardian it also explains that the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealedit also provides that in appropriate cases, the special court may, in addition to the punishment, direct payment of compensation to a child for any physical or mental trauma caused to him or for immediate rehabilitation of such childit also provides that the special court shall, for the purpose of the trial of any offence under the proposed legislation, have all the powers of a court of session and shall try such offence as if it were a court of session, and as far as may be, in accordance with the procedure specified in the code of criminal procedure, 1973 for trial before a court of sessionclause 34—this clause provides for procedure in case of commission of offence by child and determination of age by the special court it provides that where any offence under the proposed legislation is committed by a child, such child shall be dealt with under the provisions of the juvenile justice (care and protection of children) act, 2000it further provides that if any question arises in any proceeding before the special court whether a person is child or not, such question shall be determined by the special court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination and no order made by the special court shall be deemed to be invalid merely by any subsequent proof that the age of a person as determined by the special court was not the correct age of that personclause 35—this clause provides for period for recording of evidence of the child and disposal of case it provides that the evidence of the child shall be recorded within a period of thirty days of the special court taking cognizance of the offence and the special court shall complete the trial, as far as possible within a period of one year from the date of taking cognizance of the offenceclause 36—this clause makes provision for the child not to see the accused at the time of testifying it casts upon the special court a duty to ensure that the child is not exposed in any way to the accused at the time of recording of the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and to communicate with his advocate it empowers the special court to record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other such deviceclause 37—this clause provides for trials to be conducted in camera it provides that the special court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence and where the special court is of the opinion that the child needs to be examined at a place other than the court, it shall proceed to issue a commission in accordance with the provisions of section 284 of the code of criminal procedure, 1973clause 38—this clause makes provision for assistance of an interpreter or expert while recording the evidence of the child it provides that wherever necessary, the court may take the assistance of an interpreter while recording the evidence of the child and if a child has mental or physical disability, the special court may take the assistance of a special educator or an expert in that field to record the evidence of the childclause 39—this clause provides for guidelines for child to take assistance of expert, etc it provides that subject to such rules as may be made in this behalf, the state government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trail stage to assist the childclause 40—this clause provides for right of child to take assistance of legal practitioner it provides that subject to the proviso to section 301 of the code of criminal procedure, 1973, the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under the proposed legislation and if the family or the guardian of the child are unable to afford a legal counsel, the legal services authority shall provide a lawyer to themclause 41—this clause provides that the provisions of clauses 3 to 13 shall not apply in case of medical examination or medical treatment of a child when such medical examination or medical treatment is undertaken with the consent of his parents or guardianclause 42—this clause provides that where an act or omission constitute an offence punishable under the proposed legislation and also under any other law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such law or the proposed legislation as provides for punishment which is greater in degreeclause 43— this clause empowers the central government to make rules it provides that the central government may, by notification in the official gazette, make rules for carrying out the purposes of the proposed legislationit also provides that every rule made under this clause shall be laid, as soon as may be after it is made, before each house of parliamentclause 44—this clause provides for power to remove difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of the proposed legislation as may appear to it to be necessary or expedient for removal of the difficultyit further provides that no order shall be made under this clause after the expiry of two years from the commencement of the proposed legislationit also provides that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament memorandum regarding delegated legislationsub-clause (1) of clause 43 of the bill provides that the central government may, by notification in the official gazette, make rules for carrying out the purposes of the proposed legislation2 sub-clause (2) of clause 43 provides that every rule made under this clause shall be laid, as soon as may be after it is made, before each house of parliament3 the matters in respect which the central government may make rules are matter of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislation power is, therefore, of a normal character———— a billto protect children from offences of sexual assault, sexual harassment and pornography andprovide for establishment of special courts for trial of such offences and for matters connected therewith or incidental thereto————(shrimati krishna tirath, minister of state (independent charge) in the ministry of women and child development) | Parliament_bills | c65ea2de-ff31-5bc9-b118-1b13317b7407 |
the finance bill, 2016 _________ arrangement of clauses __________ chapter i preliminary clauses1short title and commencement chapter ii rates of income-tax2income-tax chapter iii direct taxes income-tax3amendment of section 24amendment of section 65amendment of section 96amendment of section 9a7amendment of section 108amendment of section 10aa9amendment of section 1710amendment of section 2411substitution of new section for sections 25a, 25aa and 25b12amendment of section 2813amendment of section 3214amendment of section 32ac15amendment of section 3516insertion of new section 35aba17amendment of section 35ac18amendment of section 35ad19amendment of section 35ccc20amendment of section 35ccd21amendment of section 3622amendment of section 4023amendment of section 43b24amendment of section 44aa25amendment of section 44ab clauses26amendment of section 44ad27insertion of new section 44ada28amendment of section 4729amendment of section 4830amendment of section 4931amendment of section 50c32insertion of new section 54ee33amendment of section 54gb34amendment of section 5535amendment of section 5636amendment of section 8037amendment of section 80ccd38substitution of new section for section 80ee39amendment of section 80gg40amendment of section 80-ia41amendment of section 80-iab42insertion of new section 80-iac43amendment of section 80-ib44insertion of new section 80-iba45substitution of new section for section 80jjaa46amendment of section 87a47amendment of section 92ca48amendment of section 92d49amendment of section 111a50amendment of section 11251insertion of new section 115ba52insertion of new section 115bbda53amendment of section 115bbe54insertion of new section 115bbf55amendment of section 115jb56insertion of new chapter xii-bc57amendment of section 115-o58amendment of section 115qa59amendment of section 115ta60amendment of section 115tc61insertion of new section 115tca62insertion of new chapter xii-eb63amendment of section 115ua64amendment of section 11965amendment of section 12466amendment of section 133c67amendment of section 13968amendment of section 14369amendment of section 14770substitution of new section for section 15371substitution of new section for section 153b72amendment of section 192a73amendment of section 194bb74amendment of section 194c75amendment of section 194d76amendment of section 194da77amendment of section 194ee78amendment of section 194g clauses79amendment of section 194h80omission of sections 194k and 194l81amendment of section 194la82amendment of section 194lba83amendment of section 194lbb84insertion of new section 194lbc85amendment of section 19786amendment of section 197a87amendment of section 206aa88amendment of section 206c89amendment of section 21190amendment of section 22091amendment of section 234c92amendment of section 244a93amendment of section 24994amendment of section 25295amendment of section 25396amendment of section 25497amendment of section 25598insertion of new section 270a99insertion of new section 270aa100amendment of section 271101amendment of section 271a102amendment of section 271aa103amendment of section 271aab104insertion of new section 271gb105amendment of section 272a106amendment of section 273a107amendment of section 273aa108amendment of section 273b109amendment of section 276c110amendment of section 279111amendment of section 281b112amendment of section 282a113insertion of new section 286114amendment of section 288115amendment of fourth schedule chapter iv indirect taxes customs116amendment of section 2117amendment of chapter heading of chapter iii118omission of section 9119amendment of section 25120amendment of section 28121amendment of section 47122amendment of section 51123substitution of new section for section 53124substitution of new section for section 57125substitution of new sections 58, 58a and 58b for section 58 clauses126substitution of new section for section 59127substitution of new section for section 60128substitution of new section for section 61129omission of sections 62 and 63130substitution of new section for section 64131amendment of section 65132amendment of section 68133amendment of section 69134amendment of section 71135amendment of section 72136amendment of section 73137insertion of new section 73a138amendment of section 156139amendment of notifications issued under section 25 of act 52 of 1962customs tariff140omission of section 8c141amendment of first schedule excise142amendment of section 5a143amendment of section 11a144amendment of section 37b145amendment of third schedule excise tariff146amendment of first schedule147amendment of second schedule chapter v service tax148amendment of section 65b149amendment of section 66d150amendment of section 66e151amendment of section 67a152amendment of section 73153amendment of section 75154amendment of section 78a155amendment of section 89156amendment of section 90157amendment of section 91158amendment of section 93a158insertion of new sections 101, 102 and 103160amendment of notification issued under section 93a of finance act, 1994 chapter vi krishi kalyan cess161krishi kalyan cessclauses chapter vii infrastructure cess162infrastructure cess chapter viii equalisation levy163extent, commencement and application164definitions165charge of equalisation levy166collection and recovery of equalisation levy167furnishing of statement168processing of statement169rectification of mistake170interest on delayed payment of equalisation levy171penalty for failure to deduct or pay equalisation levy172penalty for failure to furnish statement173penalty not to be imposed in certain cases174appeal to commissioner of income-tax (appeals)175appeal to appellate tribunal176punishment for false statement177institution of prosecution178application of certains provisions of income-tax act179power to make rules180power to remove difficulties chapter ix the income declaration scheme, 2016181short title and commencement182definitions183declaration of undisclosed income184charge of tax and surcharge185penalty186manner of declaration187time for payment of tax188undisclosed income declared not to be included in total income189undisclosed income declared not to affect for finality of completed assessments190undisclosed income declared not to be treated as benami transaction in certaincases191tax in respect of voluntarily disclosed income not refundable192declaration not admissible in evidence against declarant193declaration by misrepresentation of facts to be void194exemption from wealth-tax in respect of assets specified in declaration195applicability of certain provisions of income-tax act and of chapter v of wealthtax act196scheme not to apply to certain persons197removal of doubts198power to remove difficulties199power to make rulesclauses chapter x the direct tax dispute resolution scheme, 2016200short title and commencement201definitions202declaration of tax payble203particulars to be furnished204time and manner of payment205immunity from initiation of proceedings in respect of offence and imposition of penalty in certain cases206no refund of amount paid under scheme207no other benefit, concession or immunity to declarant208scheme not to apply in certain cases209power of central government to issue directions, etc210power to remove difficulties211power to make rules chapter xi the indirect tax dispute resolution scheme, 2016212short title, application and commencement213definitions214procedure for making declaration215scheme not to apply in certain cases216immunity from other proceedings under act217consequences of order made under scheme218power to make rules chapter xii miscellaneous part i amendments to the reserve bank of india act, 1934219commencement and amendment of act 2 of 1934220amendment of preamble221amendment of section 2222insertion of new chapter iii f223amendment of section 58 part ii amendment to the central sales tax act, 1956224amendment of act 74 of 1956 part iii amendment to the oil industry (development) act, 1974225amendment of schedule to act 47 of 1974clauses part iv amendment to the sumgglers and foreign exchange manipulators (forefeiture of property) act, 1976226amendment of act 13 of 1976 part v amendment to the narcotic drugs and psychotropic substances act, 1985227amendment of act 61 of 1985 part vi amendment to the foreign exchange management act, 1999228commencement of this part229amendment of act 42 of 1999 part vii amendment to the central road fund act, 2000230amendment of act 54 of 2000 part viii amendment to the finance act, 2001 231 amendment of act 14 of 2001 part ix amendment to the prevention of money-laundering act, 2002232amendment of act 15 of 2003 part x amendment to the finance (no2) act, 2004233amendment of act 23 of 2004234amendment of act 18 of 2005235amendment of act 14 of 2010 part xiii amendment to the foreign contribution (regulation) act, 2010236amendment of section 2 of act 42 of 2010237amendment of act 17 of 2013clauses238amendment of act 20 of 2015 part xvi repeal and amendment of certain enactments239repeal and amendment of certain enactments240savings241collection and payment of arrears of dutiesthe first schedule the second schedule the third schedule the fourth schedule the fifth schedule the sixth schedule the seventh schedule the eighth schedule the ninth schedule the tenth schedule the eleventh schedule the twelfth schedule the thirteenth schedule the fourteenth schedule the fifteenth schedule bill no 18-c of 2016 the finance bill, 2016 a billto give effect to the financial proposals of the central government for the financial year2016-2017be it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary(2) save as otherwise provided in this act, sections 2 to 115 shall be deemed to have come into force on the 1st day of april, 2016 chapter ii rates of income-tax(2) in the cases to which paragraph a of part i of the first schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds two lakh fifty thousand rupees, then,—5(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after the first two lakh fifty thousand rupees of the total income but without being liable to tax], only for the purpose of charging income-tax in respect of the total income; and10(b) the income-tax chargeable shall be calculated as follows:—(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the aggregate income at the rates specified in the said paragraph a, as if such aggregate income were the total income;15(ii) the net agricultural income shall be increased by a sum of two lakh fifty thousand rupees, and the amount of income-tax shall be determined in respect of the net agricultural income as so increased at the rates specified in the said paragraph a, as if the net agricultural income as so increased were the total income;20(iii) the amount of income-tax determined in accordance with sub-clause(i) shall be reduced by the amount of income-tax determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax in respect of the total income:25provided that in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year, referred to in item (ii) of paragraph a of part i of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "three lakh rupees" had been substituted:30provided further that in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the previous year, referred to in item (iii) of paragraph a of part i of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "five lakh rupees" had been substituted3543 of 1961(3) in cases to which the provisions of chapter xii or chapter xii-a or section 115jb or section 115jc or chapter xii-fa or chapter xii-fb or sub-section (1a) of section 161 or section 164 or section 164a or section 167b of the income-tax act, 1961 (hereinafter referred to as the income-tax act) apply, the tax chargeable shall be determined as provided in that chapter or that section, and with reference to the rates imposed by sub-section (1) or the rates as specified in that chapter or section, as the case may be:40provided that the amount of income-tax computed in accordance with the provisions of section 111a or section 112 of the income-tax act shall be increased by a surcharge, for the purposes of the union, as provided in paragraph a, b, c, d or e, as the case may be, of part i of the first schedule:45provided further that in respect of any income chargeable to tax under section 115a,115ab, 115ac, 115aca, 115ad, 115b, 115bb, 115bba, 115bbc, 115bbd, 115bbe, 115e, 115jb or 115jc of the income-tax act, the amount of income-tax computed under this sub-section shall be increased by a surcharge, for purposes of the union, calculated,—(a) in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, or co-operative society or firm or local authority, at the rate of twelve per cent of such income-tax, where the total income exceeds one crore rupees;(b) in the case of every domestic company,—5(i) at the rate of seven per cent of such income-tax, where the total incomeexceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of twelve per cent of such income-tax, where the totalincome exceeds ten crore rupees; (c) in the case of every company, other than a domestic company,—10(i) at the rate of two per cent of such income-tax, where the total incomeexceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of five per cent of such income-tax, where the total incomeexceeds ten crore rupees:15provided also that in the case of persons mentioned in (a) above, having total income chargeable to tax under section 115jc of the income-tax act, and such income exceeds one crore rupees, the total amount payable as income-tax on such income and surcharge thereon shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees:20provided also that in the case of every company having total income chargeable to tax under section 115jb of the income-tax act, and such income exceeds one crore rupees but does not exceed ten crore rupees, the total amount payable as income-tax on such income and surcharge thereon, shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees:25provided also that in the case of every company having total income chargeable to tax under section 115jb of the income-tax act, and such income exceeds ten crore rupees, the total amount payable as income-tax on such income and surcharge thereon, shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees30(4) in cases in which tax has to be charged and paid under section 115-o or section115qa or sub-section (2) of section 115r or section 115ta or section 115td of the incometax act, the tax shall be charged and paid at the rates as specified in those sections and shall be increased by a surcharge, for purposes of the union, calculated at the rate of twelve per cent of such tax35(5) in cases in which tax has to be deducted under sections 193, 194, 194a, 194b,194bb, 194d, 194lba, 194lbb, 194lbc and 195 of the income-tax act, at the rates in force, the deductions shall be made at the rates specified in part ii of the first schedule and shall be increased by a surcharge, for purposes of the union, calculated in cases wherever prescribed, in the manner provided therein40(6) in cases in which tax has to be deducted under sections 192a, 194c, 194da,194e, 194ee, 194f, 194g, 194h, 194-i, 194-ia, 194j, 194la, 194lb, 194lba, 194lbb, 194lbc, 194lc, 194ld, 196b, 196c and 196d of the income-tax act, the deductions shall be made at the rates specified in those sections and shall be increased by a surcharge, for purposes of the union,—45(a) in the case of every individual or hindu undivided family or association ofpersons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act,being a non-resident, calculated at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to thededuction exceeds one crore rupees;(b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees;5(c) in the case of every company, other than a domestic company, calculated,—(i) at the rate of two per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed ten crore rupees;10(ii) at the rate of five per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees15(7) in cases in which tax has to be collected under the proviso to section 194b of the income-tax act, the collection shall be made at the rates specified in part ii of the first schedule, and shall be increased by a surcharge, for purposes of the union, calculated, in cases wherever prescribed, in the manner provided therein(8) in cases in which tax has to be collected under section 206c of the income-tax act, the collection shall be made at the rates specified in that section and shall be increased by a surcharge, for purposes of the union,—20 25(a) in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, being a non-resident, calculated at the rate of fifteen per cent of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds one crore rupees;(b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds one crore rupees;(c) in the case of every company, other than a domestic company, calculated,—30(i) at the rate of two per cent of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of five per cent of such tax, where the amount or the aggregateof such amounts collected and subject to the collection exceeds ten crore rupees35 40(9) subject to the provisions of sub-section (10), in cases in which income-tax has to be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section174a or section 175 or sub-section (2) of section 176 of the income-tax act or deducted from, or paid on, income chargeable under the head "salaries" under section 192 of the said act or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be charged, deducted or computed at the rate or rates specified in part iii of the first schedule and such tax shall be increased by a surcharge, for purposes of the union, calculated in such cases and in such manner as provided therein:45provided that in cases to which the provisions of chapter xii or chapter xii-a or section 115jb or section 115jc or chapter xii-fa or chapter xii-fb or sub-section (1a) of section 161 or section 164 or section 164a or section 167b of the income-tax act apply, "advance tax" shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that chapter or section, as the case may be:provided further that the amount of "advance tax" computed in accordance with the provisions of section 111a or section 112 of the income-tax act shall be increased by a surcharge, for purposes of the union, as provided in paragraph a, b, c, d or e, as the case may be, of part iii of the first schedule:5provided also that in respect of any income chargeable to tax under section 115a,115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbda, 115bbe, 115bbf, 115e, 115jb or 115jc of the income-tax act, "advance tax" computed under the first proviso shall be increased by a surcharge, for purposes of the union, calculated,—10(a) in the case of every individual or hindu undivided family or association ofpersons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act,calculated at the rate of fifteen per cent of such "advance tax", where the total income exceeds one crore rupees;15(b) in the case of every co-operative society or firm or local authority, calculatedat the rate of twelve per cent of such "advance tax", where the total income exceeds one crore rupees;(c) in the case of every domestic company, calculated,—(i) at the rate of seven per cent of such "advance tax", where the totalincome exceeds one crore rupees but does not exceed ten crore rupees;20(ii) at the rate of twelve per cent of such "advance tax", where the totalincome exceeds ten crore rupees; (d) in the case of every company, other than a domestic company, calculated,—25(i) at the rate of two per cent of such "advance tax", where the total incomeexceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of five per cent of such "advance tax", where the totalincome exceeds ten crore rupees:30provided also that in the case of persons mentioned in (a) and (b) above, having total income chargeable to tax under section 115jc of the income-tax act, and such income exceeds one crore rupees, the total amount payable as "advance tax" on such income and surcharge thereon shall not exceed the total amount payable as "advance tax" on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees:35provided also that in the case of every company having total income chargeable to taxunder section 115jb of the income-tax act, and such income exceeds one crore rupees but does not exceed ten crore rupees, the total amount payable as "advance tax" on such income and surcharge thereon, shall not exceed the total amount payable as "advance tax" on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees:40provided also that in the case of every company having total income chargeable to taxunder section 115jb of the income-tax act, and such income exceeds ten crore rupees, the total amount payable as "advance tax" on such income and surcharge thereon, shall not exceed the total amount payable as "advance tax" and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees45(10) in cases to which paragraph a of part iii of the first schedule applies, where theassessee has, in the previous year or, if by virtue of any provision of the income-tax act, income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding five thousand rupees, in addition to total income and the total income exceeds two lakh fifty thousand rupees, then, in chargingincome-tax under sub-section (2) of section 174 or section 174a or section 175 or subsection (2) of section 176 of the said act or in computing the "advance tax" payable under chapter xvii-c of the said act, at the rate or rates in force,—5(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after the first two lakh fifty thousand rupees of the total income but without being liable to tax], only for the purpose of charging or computing such income-tax or, as the case may be, "advance tax" in respect of the total income; and(b) such income-tax or, as the case may be, "advance tax" shall be so charged or computed as follows:—10(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or "advance tax" shall be determined in respect of the aggregate income at the rates specified in the said paragraph a, as if such aggregate income were the total income;15(ii) the net agricultural income shall be increased by a sum of two lakh fifty thousand rupees, and the amount of income-tax or "advance tax" shall be determined in respect of the net agricultural income as so increased at the rates specified in the said paragraph a, as if the net agricultural income were the total income;20(iii) the amount of income-tax or "advance tax" determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax or, as the case may be, "advance tax" determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax or, as the case may be, "advance tax" in respect of the total income:25provided that in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year, referred to in item (ii) of paragraph a of part iii of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "three lakh rupees" had been substituted:30provided further that in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the previous year, referred to in item (iii) of paragraph a of part iii of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "five lakh rupees" had been substituted:35provided also that the amount of income-tax or "advance tax" so arrived at, shall be increased by a surcharge for purposes of the union calculated in each case, in the manner provided therein40(11) the amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable surcharge, for purposes of the union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for purposes of the union, to be called the "education cess on income-tax", calculated at the rate of two per cent of such income-tax and surcharge so as to fulfil the commitment of the government to provide and finance universalised quality basic education:45provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the income-tax act mentioned in subsections (5), (6), (7) and (8), if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in india(12) the amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable surcharge, for purposes of the union, calculated in the manner provided therein, shall also be increased by an additional surcharge, for purposes of the union, to be50called the "secondary and higher education cess on income-tax", calculated at the rate of one per cent of such income-tax and surcharge so as to fulfil the commitment of the government to provide and finance secondary and higher education:5provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the income-tax act mentioned in subsections (5), (6), (7) and (8), if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in india(13) for the purposes of this section and the first schedule,—10(a) "domestic company" means an indian company or any other company which,in respect of its income liable to income-tax under the income-tax act, for the assessment year commencing on the 1st day of april, 2016, has made the prescribed arrangements for the declaration and payment within india of the dividends (including dividends on preference shares) payable out of such income;15(b) "insurance commission" means any remuneration or reward, whether by wayof commission or otherwise, for soliciting or procuring insurance business (including business relating to the continuance, renewal or revival of policies of insurance);(c) "net agricultural income", in relation to a person, means the total amount ofagricultural income, from whatever source derived, of that person computed in accordance with the rules contained in part iv of the first schedule;20(d) all other words and expressions used in this section and the first schedule but not defined in this sub-section and defined in the income-tax act shall have the meanings, respectively, assigned to them in that act chapter iii direct taxes income-tax253 in section 2 of the income-tax act,—amendment of section 2(a) in clause (14), in item (vi), after the words and figures "gold deposit scheme,1999", the words and figures "or deposit certificates issued under the gold monetisation scheme, 2015" shall be inserted;30(b) after clause (23b), the following clause shall be inserted with effect from the1st day of june, 2016, namely:—'(23c) "hearing" includes communication of data and documents through electronic mode;';35(c) in clause (24), in sub-clause (xviii), for the words, figures and brackets "other than the subsidy or grant or reimbursement which is taken into account for determination of the actual cost of the asset in accordance with the provisions of explanation 10 to clause (1) of section 43", the following shall be substituted with effect from the 1st day of april, 2017, namely:—"other than,—40(a) the subsidy or grant or reimbursement which is taken into accountfor determination of the actual cost of the asset in accordance with the provisions of explanation 10 to clause (1) of section 43; or45(b) the subsidy or grant by the central government for the purpose ofthe corpus of a trust or institution established by the central government or a state government, as the case may be;";(d) in clause (37a), in sub-clause (iii), after the words, figures and letters "section194lba or", the words, figures and letters "section 194lbb or section 194lbc or" shall be inserted with effect from the 1st day of june, 2016;5(e) in clause (42a), after the second proviso and before explanation 1, the following proviso shall be inserted with effect from the 1st day of april, 2017, namely:—'provided also that in the case of a share of a company (not being a share listed in a recognised stock exchange in india), the provisions of this clause shall have effect as if for the words "thrity-six months", the words "twenty-four months" had been substituted'10amendment of section 64 in section 6 of the income-tax act, for clause (3), the following clause shall be substituted with effect from the 1st day of april, 2017, namely:—'(3) a company is said to be a resident in india in any previous year, if—(i) it is an indian company; or (ii) its place of effective management, in that year, is in india15explanation—for the purposes of this clause "place of effective management"means a place where key management and commercial decisions that are necessary for the conduct of business of an entity as a whole are, in substance made'amendment of section 95 in section 9 of the income-tax act, in sub-section (1), in clause (i), in explanation 1, after clause (d), the following clause shall be inserted, namely:—20"(e) in the case of a foreign company engaged in the business of mining of diamonds, no income shall be deemed to accrue or arise in india to it through or from the activities which are confined to the display of uncut and unassorted diamond in any special zone notified by the central government in the official gazette in this behalf"25amendment of section 9a6 in section 9a of the income-tax act, in sub-section (3), with effect from the 1st day of april, 2017,—(i) in clause (b), after the words "has been entered into", the words "or is established or incorporated or registered in a country or a specified territory notified by the central government in this behalf" shall be inserted;30(ii) in clause (k), the words "or from india" shall be omitted7 in section 10 of the income-tax act,—amendment of section 10(a) with effect from the 1st day of april, 2017,—(i) after clause (12), the following clause shall be inserted, namely:—35"(12a) any payment from the national pension system trust to an employee on closure of his account or on his opting out of the pension scheme referred to in section 80ccd, to the extent it does not exceed forty per cent of the total amount payable to him at the time of such closure or his opting out of the scheme;"; (ii) in clause (13),—40(i) in sub-clause (iv), for the word "thereon", the words "thereon;or" shall be substituted;(ii) after sub-clause (iv), the following sub-clause shall be inserted, namely:—"(v) by way of transfer to the account of the employee under a pension scheme referred to in section 80ccd and notified by the central government;";5(b) in clause (15), in sub-clause (vi), after the words and figures "gold deposit scheme, 1999", the words and figures "or deposit certificates issued under the gold monetisation scheme, 2015" shall be inserted;(c) with effect from the 1st day of april, 2017,—10(i) in clause (23da), in the explanation,—(1) in clause (a), after sub-clause (i), the following sub-clause shall be inserted, namely:—54 of 200215"(ia) in clause (z) of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002; or"; (2) in clause (b), for the word, figures and letters "section 115tc", the word, figures and letters "section 115tca" shall be substituted;20(ii) in clause (23fc), for the words "by way of interest received or receivable from a special purpose vehicle", the following shall be substituted, namely:—"by way of—(a) interest received or receivable from a special purpose vehicle; or(b) dividend referred to in sub-section (7) of section 115-o";25(iii) in clause (23fd), for the words, brackets, figures and letters "in clause(23fc)", the words, brackets, letters and figures "in sub-clause (a) of clause(23fc)" shall be substituted;(iv) in clause (34), the following proviso shall be inserted, namely:—30"provided that nothing in this clause shall apply to any income by way of dividend chargeable to tax in accordance with the provisions of section 115bbda;"; (v) in clause (35a),—(a) before the explanation, the following proviso shall be inserted, namely:—35"provided that nothing contained in this clause shall apply to any income by way of distributed income referred to in the said section, received on or after the 1st day of june, 2016";40(b) in the explanation, for the word, figures and letters "section115tc", the word, figures and letters "section 115tca" shall be substituted; (vi) in clause (38),—(i) after the second proviso, the following proviso shall be inserted, namely:—"provided also that nothing contained in sub-clause (b) shall apply to a transaction undertaken on a recognised stock exchange located in any international financial services centre and where the consideration for such transaction is paid or payable in foreign currency";5(ii) for the explanation, the following explanation shall be substituted, namely:—'explanation—for the purposes of this clause,—(a) "equity oriented fund" means a fund—10(i) where the investible funds are invested by way of equity shares in domestic companies to the extent of more than sixty-five per cent of the total proceeds of such fund; and(ii) which has been set up under a scheme of a mutual fund specified under clause (23d):15provided that the percentage of equity share holding of the fund shall be computed with reference to the annual average of the monthly averages of the opening and closing figures;28 of 200520(b) "international financial services centre" shall have the same meaning as assigned to it in clause (q) of section 2 of the special economic zones act, 2005;(c) "recognised stock exchange" shall have the meaning assigned to it in clause (ii) of the explanation 1 to sub-section (5) of section 43';(d) after clause (48), the following clause shall be inserted, namely:—25"(48a) any income accruing or arising to a foreign company on account of storage of crude oil in a facility in india and sale of crude oil therefrom to any person resident in india: provided that —30(i) the storage and sale by the foreign company is pursuant to an agreement or an arrangement entered into by the central government or approved by the central government; and(ii) having regard to the national interest, the foreign company and the agreement or arrangement are notified by the central government in this behalf;";35(e) after clause (49), the following clause shall be inserted with effect from the 1st day of june, 2016, namely:—'(50) any income arising from any specified service provided on or after the date on which the provisions of chapter viii of the finance act,2016 comes into force and chargeable to equalisation levy under that chapter40explanation—for the purposes of this clause, "specified service"shall have the meaning assigned to it in clause (i) of section 161 of chapter viii of the finance act, 2016'amendment of section 10aa458 in section 10aa of the income-tax act, in sub-section (1), for the words and figures"april, 2006, a deduction of", the words, figures and letters "april, 2006, but before the 1st day of april, 2021, the following deduction shall be allowed" shall be substituted with effect from the 1st day of april, 2017amendment of section 179 in section 17 of the income-tax act, in sub-section (2), in clause (vii), for the words"one lakh rupees", the words "one lakh and fifty thousand rupees" shall be substituted with effect from the 1st day of april, 2017amendment of section 24510 in section 24 of the income-tax act, in clause (b), in the second proviso, for the words "three years", the words "five years" shall be substituted with effect from the 1st day of april, 201711 for sections 25a, 25aa and 25b of the income-tax act, the following section shall be substituted with effect from the 1st day of april, 2017, namely:—substitution of new section for sections 25a, 25aa and 25b10special provision for arrears of rent and unrealised rent received subsequently'25a (1) the amount of arrears of rent received from a tenant or the unrealised rent realised subsequently from a tenant, as the case may be, by an assessee shall be deemed to be the income from house property in respect of the financial year in which such rent is received or realised, and shall be included in the total income of the assessee under the head "income from house property", whether the assessee is the owner of the property or not in that financial year15(2) a sum equal to thirty per cent of the arrears of rent or the unrealised rentreferred to in sub-section (1) shall be allowed as deduction'amendment of section 2812 in section 28 of the income-tax act, in clause (va), with effect from the 1st day of april, 2017,—20(a) in sub-clause (a), after the words "any business", the words "or profession"shall be inserted;(b) in the proviso, in clause (i), after the words "any business", the words "or profession" shall be insertedamendment of section 322513 in section 32 of the income-tax act, in sub-section (1), in clause (iia), for the words "or in the business of generation or generation and distribution", the words "or in the business of generation, transmission or distribution" shall be substituted with effect from the 1st day of april, 201714 in section 32ac of the income-tax act, in sub-section (1a),—amendment of section 32ac30(i) for the words "acquired and installed during any previous year exceeds twenty-five crore rupees", the words, figures and letters "acquired during any previous year exceeds twenty-five crore rupees and such assets are installed on or before the 31st day of march, 2017" shall be substituted;(ii) before the proviso, the following proviso shall be inserted, namely:—"provided that where the installation of the new assets are in a year other than the year of acquisition, the deduction under this sub-section shall be allowed in the year in which the new assets are installed";35(iii) in the existing proviso, for the words "provided that", the words "provided further that" shall be substituted 15 in section 35 of the income-tax act, with effect from the 1st day of april, 2018,—amendment of section 35(i) in sub-section (1),—40(a) in clause (ii),—(i) for the words "one and three-fourth", the words "one and onehalf" shall be substituted;(ii) after the proviso, the following proviso shall be inserted, namely:—45"provided further that where any sum is paid to such association, university, college or other institution in a previous year relevant to the assessment year beginning on or after the 1st day of april, 2021, the deduction under this clause shall be equal to the sum so paid;";5 1015 20 25insertion of new section 35aba30expenditure for obtaining right to use spectrum for telecommunication services35 40 45(b) in clause (iia), the words "an amount equal to one and one-fourth times of" shall be omitted;(c) in clause (iii), the words "an amount equal to one and one-fourth times of" shall be omitted; (ii) in sub-section (2aa),—(a) in clause (a), for the words "two times", the words "one and one-half times" shall be substituted;(b) after the proviso and before explanation 1, the following proviso shall be inserted, namely:—"provided further that where any sum is paid to such national laboratory or university or indian institute of technology or specified person in a previous year relevant to the assessment year beginning on or after the 1st day of april, 2021, the deduction under this sub-section shall be equal to the sum so paid";(iii) in sub-section (2ab),—(a) in clause (1), for the words "two times", the words "one and one-half times" shall be substituted;(b) after clause (1) and before the explanation, the following proviso shall be inserted, namely:—"provided that where such expenditure on scientific research (not being expenditure in the nature of cost of any land or building) on in-house research and development facility is incurred in a previous year relevant to the assessment year beginning on or after the 1st day of april, 2021, the deduction under this clause shall be equal to the expenditure so incurred"; (c) clause (5) shall be omitted16 after section 35ab of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—'35aba (1) in respect of any expenditure, being in the nature of capital expenditure, incurred for acquiring any right to use spectrum for telecommunication services either before the commencement of the business or thereafter at any time during any previous year and for which payment has actually been made to obtain a right to use spectrum, there shall, subject to and in accordance with the provisions of this section, be allowed for each of the relevant previous years, a deduction equal to the appropriate fraction of the amount of such expenditure(2) the provisions contained in sub-sections (2) to (8) of section 35abb, shall apply as if for the word "licence", the word "spectrum" had been substituted(3) where, in a previous year, any deduction has been claimed and granted to the assessee under sub-section (1), and, subsequently, there is failure to comply with any of the provisions of this section, then,—(a) the deduction shall be deemed to have been worngly allowed; (b) the assessing officer may, notwithstanding anything contained in this act, re-compute the total income of the assessee for the said previous year and make the necessary rectification;(c) the provisions of section 154 shall, so far as may be, apply and the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which the failure to comply with the provisions of this section takes placeexplanation— for the purposes of this section,—(i) "relevant previous years" means,—(a) in a case where the spectrum fee is actually paid before the commencement of the business to operate telecommunication services, the previous years beginning with the previous year in which such business commenced;(b) in any other case, the previous years beginning with the previous year in which the spectrum fee is actually paid, and the subsequent previous year or years during which the spectrum, for which the fee is paid, shall be in force;(ii) "appropriate fraction" means the fraction, the numerator of which is one and the denominator of which is the total number of the relevant previous years;5(iii) "payment has actually been made" means the actual payment of expenditure irrespective of the previous year in which the liability for the expenditure was incurred according to the method of accounting regularly employed by the assessee or payable in such manner as may be prescribed'10amendment of section 35ac17 in section 35ac of the income-tax act, after sub-section (6) and before the explanation, the following sub-section shall be inserted with effect from the 1st day of april, 2017, namely:—"(7) no deduction under this section shall be allowed in respect of any assessment year commencing on or after the 1st day of april, 2018"15amendment of section 35ad18 in section 35ad of the income-tax act, with effect from the 1st day of april,2018,—(a) sub-section (1a) shall be omitted;20 25 30 35 40 45(b) in sub-section (2), after clause (iii), the following clause shall be inserted, namely:—"(iv) where the business is of the nature referred to in sub-clause (xiv) of clause (c) of sub-section (8), such business,—(a) is owned by a company registered in india or by a consortium of such companies or by an authority or a board or corporation or any other body established or constituted under any central or state act;(b) entity referred to in sub-clause (a) has entered into an agreement with the central government or a state government or a local authority or any other statutory body for developing or operating and maintaining or developing, operating and maintaining, a new infrastructure facility";(c) in sub-section (5),—(i) in clause (aj), the word "and" occurring at the end shall be omitted; (ii) after clause (aj), the following clause shall be inserted, namely:—"(ak) on or after the 1st day of april, 2017, where the specified business is in the nature of developing or operating and maintaining or developing, operating and maintaining, any infrastructure facility; and";(d) in sub-section (8),—(i) after clause (b), the following clause shall be inserted, namely:—'(ba) "infrastructure facility" means—(i) a road including toll road, a bridge or a rail system; (ii) a highway project including housing or other activities being an integral part of the highway project;(iii) a water supply project, water treatment system, irrigation project, sanitation and sewerage system or solid waste management system;(iv) a port, airport, inland waterway, inland port or navigational channel in the sea;';(ii) in clause (c), after sub-clause (xiii), the following sub-clause shall be inserted, namely:—"(xiv) developing or maintaining and operating or developing, maintaining and operating a new infrastructure facility"19 in section 35ccc of the income-tax act, in sub-section (1), the following proviso shall be inserted with effect from the 1st day of april, 2017, namely:—amendment of section 35ccc5'provided that for the assessment year beginning on or after the 1st day of april, 2021, the provisions of this sub-section shall have effect as if for the words ''a sum equal to one and one-half times of'', the words ''a sum equal to'' had been substituted' 20 in section 35ccd of the income-tax act, in sub-section (1), the following proviso shall be inserted with effect from the 1st day of april, 2017, namely:—amendment of section 35ccd10'provided that for the assessment year beginning on or after the 1st day of april,2021, the provisions of this sub-section shall have effect, as if for the words "an amount equal to one and one-half times of", the words "a sum equal to" had been substituted'amendment of section 3621 in section 36 of the income-tax act, in sub-section (1), in clause (viia), with effect from the 1st day of april, 2017,—15(i) after sub-clause (c) and before the explanation, the following sub-clause shall be inserted, namely:—"(d) a non-banking financial company, an amount not exceeding five per cent of the total income (computed before making any deduction under this clause and chapter vi-a)";20(ii) in the explanation, after clause (vi), the following clause shall be inserted, namely:—'(vii) "non-banking financial company" shall have the meaning assigned to it in clause (f) of section 45-i of the reserve bank of india act, 1934;'2 of 1934amendment of section 4022 in section 40 of the income-tax act, in clause (a), after sub-clause (ia), the following sub-clause shall be inserted with effect from the 1st day of june, 2016, namely:—25"(ib) any consideration paid or payable to a non-resident for a specified service on which equalisation levy is deductible under the provisions of chapter viii of the finance act, 2016, and such levy has not been deducted or after deduction, has not been paid on or before the due date specified in sub-section (1) of section 139:30provided that where in respect of any such consideration, the equalisation levy has been deducted in any subsequent year or has been deducted during the previous year but paid after the due date specified in sub-section (1) of section 139, such sum shall be allowed as a deduction in computing the income of the previous year in which such levy has been paid;"35amendment of section 43b 23 in section 43b of the income-tax act, with effect from the 1st day of april,2017,—(i) in clause (f), for the word "employee" occurring at the end, the words"employee, or" shall be substituted;(ii) after clause (f), the following clause shall be inserted, namely:—40"(g) any sum payable by the assessee to the indian railways for the use of railway assets,"amendment of section 44aa24 in section 44aa of the income-tax act, in sub-section (2), for clause (iv), the following clause shall be substituted with effect from the 1st day of april, 2017, namely:—45"(iv) where the provisions of sub-section (4) of section 44ad are applicable in his case and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year,"amendment of section 44ab25 in section 44ab of the income-tax act, with effect from the 1st day of april,2017,—(i) in clause (b), for the words "twenty-five lakh rupees", the words "fifty lakh rupees" shall be substituted;50(ii) in clause (d),—(a) for the word "business" wherever it occurs, the word "profession"shall be substituted;(b) for the words, figures and letters "under section 44ad", the words, figures and letters "under section 44ada" shall be substituted;(c) for the words "previous year", the words "previous year; or" shall be substituted;5(iii) after clause (d) and before the long line, the following clause shall be inserted, namely:—"(e) carrying on the business shall, if the provisions of sub-section (4) of section 44ad are applicable in his case and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year,"amendment of section 44ad1026 in section 44ad of the income-tax act, with effect from the 1st day of april,2017,—(a) in sub-section (2), the proviso shall be omitted; (b) for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:—15 20"(4) where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year not in accordance with the provisions of sub-section (1), he shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which the profit has not been declared in accordance with the provisions of sub-section (1)25(5) notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee to whom the provisions of sub-section (4) are applicable and whose total income exceeds the maximum amount which is not chargeable to income-tax , shall be required to keep and maintain such books of account and other documents as required under sub-section (2) of section 44aa and get them audited and furnish a report of such audit as required under section 44ab"; (c) in the explanation, in clause (b), in sub-clause (ii), for the words "one crore rupees" occurring at the end, the words "two crore rupees" shall be substituted3027 after section 44ad of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new section 44ada35special provision for computing profits and gains of profession on presumptive basis'44ada(1) notwithstanding anything contained in sections 28 to 43c, in the case of an assessee, being a resident in india, who is engaged in a profession referred to in sub-section (1) of section 44aa and whose total gross receipts do not exceed fifty lakh rupees in a previous year, a sum equal to fifty per cent of the total gross receipts of the assessee in the previous year on account of such profession or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the assessee, shall be deemed to be the profits and gains of such profession chargeable to tax under the head "profits and gains of business or profession"40(2) any deduction allowable under the provisions of sections 30 to 38 shall, for the purposes of sub-section (1), be deemed to have been already given full effect to and no further deduction under those sections shall be allowed45(3) the written down value of any asset used for the purposes of profession shall be deemed to have been calculated as if the assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years(4) notwithstanding anything contained in the foregoing provisions of this section, an assessee who claims that his profits and gains from the profession are lower than the profits and gains specified in sub-section (1) and whose total income exceeds the maximum amount which is not chargeable to income-tax, shall be required to keep and maintain such books of account and other documents as required under sub-section (1) of section 44aa and get them audited and furnish a report of such audit as required under section 44ab' 28 in section 47 of the income-tax act, with effect from the 1st day of april, 2017,—5amendment of section 47(a) after clause (viib), the following clause shall be inserted, namely:—"(viic) any transfer of sovereign gold bond issued by the reserve bank of india under the sovereign gold bond scheme, 2015, by way of redemption, by an assessee being an individual;";10(b) in clause (xiiib), in the proviso,—(i) in clause (e), the word "and" appearing at the end shall be omitted;(ii) after clause (e), the following clause shall be inserted, namely:—15"(ea) the total value of the assets as appearing in the books of account of the company in any of the three previous years preceding the previous year in which the conversion takes place does not exceed five crore rupees; and;";(c) after clause (xviii), the following clause shall be inserted with effect from the 1st day of april, 2017, namely:—20'(xix) any transfer by a unit holder of a capital asset, being a unit or units, held by him in the consolidating plan of a mutual fund scheme, made in consideration of the allotment to him of a capital asset, being a unit or units, in the consolidated plan of that scheme of the mutual fundexplanation—for the purposes of this clause,—25(a) "consolidating plan" means the plan within a scheme of a mutual fund which merges under the process of consolidation of the plans within a scheme of mutual fund in accordance with the securities and exchange board of india (mutual funds) regulations, 1996 made under the securities and exchange board of india act, 1992;15 of 1992(b) "consolidated plan" means the plan with which the consolidating plan merges or which is formed as a result of such merger;30(c) "mutual fund" means a mutual fund specified under clause (23d)of section 10'amendment of section 4829 in section 48 of the income-tax act, for the third proviso, the following provisos shall be substituted with effect from the 1st day of april, 2017, namely:—35"provided also that nothing contained in the second proviso shall apply to the long-term capital gain arising from the transfer of a long-term capital asset, being a bond or debenture other than—(a) capital indexed bonds issued by the government; or40(b) sovereign gold bond issued by the reserve bank of india under the sovereign gold bond scheme, 2015: provided also that in case of an assessee being a non-resident, any gains arising on account of appreciation of rupee against a foreign currency at the time of redemption of rupee denominated bond of an indian company subscribed by him, shall be ignored for the purposes of computation of full value of consideration under this section:"45amendment of section 4930 in section 49 of the income-tax act, after sub-section (4) the following sub-section shall be inserted with effect from the 1st day of april, 2017, namely:—''(5) where the capital gain arises from the transfer of an asset declared under the income declaration scheme, 2016, and the tax, surcharge and penalty have been paid in accordance with the provisions of the scheme on the fair market value of the asset as on the date of commencement of the scheme, the cost of acquisition of the50asset shall be deemed to be the fair market value of the asset which has been taken into account for the purposes of the said scheme''amendment of section 50c31 in section 50c of the income-tax act, in sub-section (1), the following provisos shall be inserted with effect from the 1st day of april, 2017, namely:—5"provided that where the date of the agreement fixing the amount of considerationand the date of registration for the transfer of the capital asset are not the same, the value adopted or assessed or assessable by the stamp valuation authority on the date of agreement may be taken for the purposes of computing full value of consideration for such transfer:10provided further that the first proviso shall apply only in a case where the amountof consideration, or a part thereof, has been received by way of an account payee cheque or account payee bank draft or by use of electronic clearing system through a bank account, on or before the date of the agreement for transfer"1532 after section 54ed of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new section 54eecapital gain not to be charged on investment in units of a specified fund'54ee (1) where the capital gain arises from the transfer of a long-term capital asset (herein in this section referred to as the original asset) and the assessee has, at any time within a period of six months after the date of such transfer, invested the whole or any part of capital gains in the long-term specified asset, the capital gain shall be dealt with in accordance with the following provisions of this section, namely:—20(a) if the cost of the long-term specified asset is not less than the capitalgain arising from the transfer of the original asset, the whole of such capital gain shall not be charged under section 45;25(b) if the cost of the long-term specified asset is less than the capital gainarising from the transfer of the original asset, so much of the capital gain as bears to the whole of the capital gain the same proportion as the cost of acquisition of the long-term specified asset bears to the whole of the capital gain, shall not be charged under section 45:30provided that the investment made on or after the 1st day of april, 2016, in the long-term specified asset by an assessee during any financial year does not exceed fifty lakh rupees:provided further that the investment made by an assessee in the long-term specified asset, from capital gains arising from the transfer of one or more original assets, during the financial year in which the original asset or assets are transferred and in the subsequent financial year does not exceed fifty lakh rupees35 40(2) where the long-term specified asset is transferred by the assessee at any time within a period of three years from the date of its acquisition, the amount of capital gains arising from the transfer of the original asset not charged under section 45 on the basis of the cost of such long-term specified asset as provided in clause (a) or, as the case may be, clause (b) of sub-section (1) shall be deemed to be the income chargeable under the head "capital gains" relating to long-term capital asset of the previous year in which the long-term specified asset is transferred45explanation 1—in a case where the original asset is transferred and the assessee invests the whole or any part of the capital gain received or accrued as a result of transfer of the original asset in any long-term specified asset and such assessee takes any loan or advance on the security of such specified asset, he shall be deemed to have transferred such specified asset on the date on which such loan or advance is takenexplanation 2—for the purposes of this section,—50(a) "cost", in relation to any long-term specified asset, means the amountinvested in such specified asset out of capital gains received or accruing as a result of the transfer of the original asset;(b) "long-term specified asset" means a unit or units, issued before the 1st day of april, 2019, of such fund as may be notified by the central government in this behalf'amendment of section 54gb533 in section 54gb of the income-tax act, with effect from the 1st day of april,2017,—(a) after sub-section (5), the following proviso shall be inserted, namely:—10"provided that in case of an investment in eligible start-up, the provisions of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2017", the figures, letters and words "31st day of march, 2019" had been substituted;"; (b) in sub-section (6),—(i) in clause (b),—(a) in sub-clause (ii), after the words "an article or a thing", the words "or in an eligible business" shall be inserted;1527 of 2006 (b) in sub-clause (iv), after the words and figures "micro, small and medium enterprises act, 2006", the words "or is an eligible start-up" shall be inserted; (ii) after clause (b), the following clause shall be inserted, namely:—20'(ba) "eligible start-up" and "eligible business" shall have the meanings respectively assigned to them in explanation below sub-section(4) of section 80-iac'; (iii) after clause (d), the following proviso shall be inserted, namely:—25"provided that in the case of an eligible start-up, being a technology driven start-up so certified by the inter-ministerial board of certification notified by the central government in the official gazette, the new asset shall include computers or computer software"34 in section 55 of the income-tax act, with effect from the 1st day of april, 2017,—amendment of section 55(i) in sub-section (1), in clause (b), in sub-clause (1), after the words "any business", the words "or profession" shall be inserted;30(ii) in sub-section (2), in clause (a), after the words "any business", the words"or profession" shall be insertedamendment of section 5635 in section 56 of the income-tax act, in sub-section (2), in clause (vii), in the second proviso occurring after sub-clause (c), with effect from the 1st day of april, 2017,—35(a) in clause (g), for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa; or" shall be substituted;(b) after clause (g), the following clause shall be inserted, namely:—"(h) by way of transaction not regarded as transfer under clause (vicb) or clause (vid) or clause (vii) of section 47"amendment of section 804036 in section 80 of the income-tax act, after the words, brackets and figures "subsection (2) of section 73", the words, brackets, figures and letter "or sub-section (2) of section 73a" shall be inserted37 in section 80ccd of the income-tax act, in sub-section (3), the following proviso shall be inserted with effect from the 1st day of april, 2017, namely:—amendment of section 80ccd45"provided that the amount received by the nominee, on the death of the assessee, under the circumstances referred to in clause (a), shall not be deemed to be the income of the nominee"38 for section 80ee of the income-tax act, the following section shall be substituted with effect from the 1st day of april, 2017, namely:—substitution of new section for section 80ee5'80ee (1) in computing the total income of an assessee, being an individual, there shall be deducted, in accordance with and subject to the provisions of this section, interest payable on loan taken by him from any financial institution for the purpose of acquisition of a residential propertydeduction in respect of interest on loan taken for residential house property(2) the deduction under sub-section (1) shall not exceed fifty thousand rupees and shall be allowed in computing the total income of the individual for the assessment year beginning on the 1st day of april, 2017 and subsequent assessment years10(3) the deduction under sub-section (1) shall be subject to the following conditions, namely:—(i) the loan has been sanctioned by the financial institution during theperiod beginning on the 1st day of april, 2016 and ending on the 31st day of march, 2017;15(ii) the amount of loan sanctioned for acquisition of the residential houseproperty does not exceed thirty-five lakh rupees;(iii) the value of residential house property does not exceed fifty lakhrupees;20(iv) the assessee does not own any residential house property on the dateof sanction of loan(4) where a deduction under this section is allowed for any interest referred to in sub-section (1), deduction shall not be allowed in respect of such interest under any other provision of this act for the same or any other assessment year(5) for the purposes of this section,—2510 of 1949(a) "financial institution" means a banking company to which the bankingregulation act, 1949 applies, or any bank or banking institution referred to in section 51 of that act or a housing finance company;30(b) "housing finance company" means a public company formed orregistered in india with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in india for residential purposes'amendment of section 80gg39 in section 80gg of the income-tax act, for the words "two thousand rupees", the words "five thousand rupees" shall be substituted with effect from the 1st day of april, 201735amendment of section 80-ia40 in section 80-ia of the income-tax act, in sub-section (4), in clause (i), after theproviso and before the explanation, the following proviso shall be inserted with effect from the 1st day of april, 2017, namely:—"provided further that nothing contained in this section shall apply to any enterprise which starts the development or operation and maintenance of the infrastructure facility on or after the 1st day of april, 2017"4041 in section 80-iab of the income-tax act, in sub-section (1), the following proviso shall be inserted with effect from the 1st day of april, 2017, namely:—amendment of section 80-iab45"provided that the provisions of this section shall not apply to an assessee, being a developer, where the development of special economic zone begins on or after the 1st day of april, 2017"42 after section 80-iab of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new section 80-iac5special provision in respect of specified business'80-iac (1) where the gross total income of an assessee, being an eligible start-up, includes any profits and gains derived from eligible business, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of an amount equal to one hundred per cent of the profits and gains derived from such business for three consecutive assessment years10(2) the deduction specified in sub-section (1) may, at the option of the assessee, be claimed by him for any three consecutive assessment years out of five years beginning from the year in which the eligible start-up is incorporated(3) this section applies to a start-up which fulfils the following conditions, namely:—(i) it is not formed by splitting up, or the reconstruction, of a business already in existence:15provided that this condition shall not apply in respect of a start-up which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such undertaking as referred to in section 33b, in the circumstances and within the period specified in that section;20(ii) it is not formed by the transfer to a new business of machinery or plant previously used for any purposeexplanation 1— for the purposes of this clause, any machinery or plant which was used outside india by any person other than the assessee shall not be regarded as machinery or plant previously used for any purpose, if all the following conditions are fulfilled, namely:—25(a) such machinery or plant was not, at any time previous to the date of the installation by the assessee, used in india;(b) such machinery or plant is imported into india;30(c) no deduction on account of depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of this act in computing the total income of any person for any period prior to the date of the installation of the machinery or plant by the assessee35explanation 2—where in the case of a start-up, any machinery or plant or any part thereof previously used for any purpose is transferred to a new business and the total value of the machinery or plant or part so transferred does not exceed twenty per cent of the total value of the machinery or plant used in the business, then, for the purposes of clause (ii) of this sub-section, the condition specified therein shall be deemed to have been complied with40(4) the provisions of sub-section (5) and sub-sections (7) to (11) of section 80-ia shall apply to the start-ups for the purpose of allowing deductions under sub-section (1)explanation—for the purposes of this section,—45(i) "eligible business" means a business which involves innovation, development, deployment or commercialisation of new products, processes or services driven by technology or intellectual property;(ii) "eligible start-up" means a company or a limited liability partnership engaged in eligible business which fulfils the following conditions, namely:—(a) it is incorporated on or after the 1st day of april, 2016 but before the 1st day of april, 2019;5056 of 200910amendment of section 80-ib15 20(b) the total turnover of its business does not exceed twenty-five crore rupees in any of the previous years beginning on or after the 1st day of april, 2016 and ending on the 31st day of march, 2021;(c) it holds a certificate of eligible business from the inter-ministerial board of certification as notified in the official gazette by the central government; and(iii) ''limited liability partnership'' means a partnership referred to in clause (n) of sub-section (1) of section (2) of the limited liability partnership act, 2008'43 in section 80-ib of the income-tax act, in sub-section (9), with effect from the 1st day of april, 2017,—(a) in clause (ii), after the words, figures and letters "the 1st day of april, 1997", the words, figures and letters "but not later than the 31st day of march, 2017" shall be inserted;(b) in clause (iv), after the words, figures and letters "the 1st day of april, 2009", the words, figures and letters "but not later than the 31st day of march, 2017" shall be inserted;(c) in clause (v), after the words, figures and letters "the 1st day of april, 2009", the words, figures and letters "but not later than the 31st day of march, 2017" shall be inserted 44 after section 80-ib of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—25insertion of new section 80-iba deductions in respect of profits and gains from housing projects30 35 40 45 50 55'80-iba (1) where the gross total income of an assessee includes any profits and gains derived from the business of developing and building housing projects, there shall, subject to the provisions of this section, be allowed, a deduction of an amount equal to hundred per cent of the profits and gains derived from such business(2) for the purposes of sub-section (1), a housing project shall be a project which fulfils the following conditions, namely:—(a) the project is approved by the competent authority after the 1st day of june, 2016, but on or before the 31st day of march, 2019;(b) the project is completed within a period of three years from the date of approval by the competent authority:provided that,—(i) where the approval in respect of a housing project is obtained more than once, the project shall be deemed to have been approved on the date on which the building plan of such housing project was first approved by the competent authority; and(ii) the project shall be deemed to have been completed when a certificate of completion of project as a whole is obtained in writing from the competent authority; (c) the built-up area of the shops and other commercial establishments included in the housing project does not exceed three per cent of the aggregate built-up area;(d) the project is on a plot of land measuring not less than—(i) one thousand square metres, where the project is located within the cities of chennai, delhi, kolkata or mumbai or within the distance, measured aerially, of twenty-five kilometres from the municipal limits of these cities; or(ii) two thousand square metres, where the project is located in any other place; (e) the project is the only housing project on the plot of land as specified in clause (d);(f) the built-up area of the residential unit comprised in the housing project does not exceed(i) thirty square metres, where the project is located within the cities of chennai, delhi, kolkata or mumbai or within the distance, measured aerially, of twenty-five kilometres from the muncipal limits of these cities; or(ii) sixty square metres, where the project is located in any other place;5(g) where a residential unit in the housing project is allotted to an individual, no other residential unit in the housing project shall be allotted to the individual or the spouse or the minor children of such individual;(h) the project utilises—10(i) not less than ninety per cent of the floor area ratio permissible in respect of the plot of land under the rules to be made by the central government or the state government or the local authority, as the case may be, where the project is located within the cities of chennai, delhi, kolkata or mumbai or within the distance, measured aerially of twenty-five kilometres from the municipal limits of these cities, or(ii) not less than eighty per cent of such floor area ratio where such project is located in any place other than the place referred to in subclause (i); and15(i) the assessee maintains separate books of account in respect of the housing project20(3) nothing contained in this section shall apply to any assessee who executes the housing project as a works-contract awarded by any person (including the central government or the state government)25(4) where the housing project is not completed within the period specified under clause (b) of sub-section (2) and in respect of which a deduction has been claimed and allowed under this section, the total amount of deduction so claimed and allowed in one or more previous years, shall be deemed to be the income of the assessee chargeable under the head "profits and gains of business or profession" of the previous year in which the period for completion so expires30(5) where any amount of profits and gains derived from the business of developing and building housing projects is claimed and allowed under this section for any assessment year, deduction to the extent of such profit and gains shall not be allowed under any other provisions of this act(6) for the purposes of this section,—(a) "built-up area" means the inner measurements of the residential unit at the floor level, including projections and balconies, as increased by the thickness of the walls, but does not include the common areas shared with other residential units, including any open terrace so shared;35(b) "competent authority" means the authority empowered to approve the building plan by or under any law for the time being in force;(c) "floor area ratio" means the quotient obtained by dividing the total covered area of plinth area on all the floors by the area of the plot of land;40(d) "housing project" means a project consisting predominantly of residential units with such other facilities and amenities as the competent authority may approve subject to the provisions of this section;45(e) "residential unit" means an independent housing unit with separate facilities for living, cooking and sanitary requirements, distinctly separated from other residential units within the building, which is directly accessible from an outer door or through an interior door in a shared hallway and not by walking through the living space of another household'45 for section 80jjaa of the income-tax act, the following section shall be substituted with effect from the 1st day of april, 2017, namely:—substitution of new section for section 80jjaadeduction in respect of employment of new employees5'80jjaa (1) where the gross total income of an assessee to whom section44ab applies, includes any profits and gains derived from business, there shall, subject to the conditions specified in sub-section (2), be allowed a deduction of an amount equal to thirty per cent of additional employee cost incurred in the course of such business in the previous year, for three assessment years including the assessment year relevant to the previous year in which such employment is provided(2) no deduction under sub-section (1) shall be allowed,—(a) if the business is formed by splitting up, or the reconstruction, of an existing business:10provided that nothing contained in this clause shall apply in respect of abusiness which is formed as a result of re-establishment, reconstruction or revival by the assessee of the business in the circumstances and within the period specified in section 33b;15(b) if the business is acquired by the assessee by way of transfer from anyother person or as a result of any business reorganisation;(c) unless the assessee furnishes along with the return of income the report of the accountant, as defined in the explanation to section 288 giving such particulars in the report as may be prescribedexplanation—for the purposes of this section,—20(i) "additional employee cost" means the total emoluments paid orpayable to additional employees employed during the previous year:provided that in the case of an existing business, the additional employee cost shall be nil, if—25(a) there is no increase in the number of employees from thetotal number of employees employed as on the last day of the preceding year;(b) emoluments are paid otherwise than by an account payeecheque or account payee bank draft or by use of electronic clearing system through a bank account:30provided further that in the first year of a new business,emoluments paid or payable to employees employed during that previous year shall be deemed to be the additional employee cost;35(ii) "additional employee" means an employee who has beenemployed during the previous year and whose employment has the effect of increasing the total number of employees employed by the employer as on the last day of the preceding year, but does not include—(a) an employee whose total emoluments are more than twentyfive thousand rupees per month; or40(b) an employee for whom the entire contribution is paid bythe government under the employees' pension scheme notified in accordance with the provisions of the employees' provident funds and miscellaneous provisions act, 1952; or19 of 1952(c) an employee employed for a period of less than twohundred and forty days during the previous year; or45(d) an employee who does not participate in the recognisedprovident fund;(iii) "emoluments" means any sum paid or payable to an employee in lieu of his employment by whatever name called, but does not include—50(a) any contribution paid or payable by the employer to anypension fund or provident fund or any other fund for the benefit of the employee under any law for the time being in force; and(b) any lump-sum payment paid or payable to an employee at the time of termination of his service or superannuation or voluntary retirement, such as gratuity, severance pay, leave encashment, voluntary retrenchment benefits, commutation of pension and the like5(3) the provisions of this section, as they stood immediately prior to their amendment by the finance act, 2016, shall apply to an assessee eligible to claim any deduction for any assessment year commencing on or before the 1st day of april, 2016'amendment of section 87a10amendment of section 92ca1546 in section 87a of the income-tax act, for the words "two thousand rupees", the words "five thousand rupees" shall be substituted with effect from the 1st day of april, 201747 in section 92ca of the income-tax act, in sub-section (3a), the following proviso shall be inserted with effect from the 1st day of june, 2016, namely:—"provided that in the circumstances referred to in clause (ii) or clause (x) of explanation (1) to section 153, if the period of limitation available to the transfer pricing officer for making an order is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to have been extended accordingly" 48 in section 92d of the income-tax act, with effect from the 1st day of april, 2017,—amendment of section 92d20(i) in sub-section (1), the following shall be inserted, namely:—'provided that the person, being a constituent entity of an international group, shall also keep and maintain such information and document in respect of an international group as may be prescribedexplanation—for the purposes of this section,—25(a) "constituent entity" shall have the meaning assigned to it in clause(d) of sub-section (9) of section 286;(b) "international group" shall have the meaning assigned to it in clause (g) of sub-section (9) of section 286';30(ii) after sub-section (3), the following sub-section shall be inserted, namely:—"(4) without prejudice to the provisions of sub-section (3), the person referred to in the proviso to sub-section (1) shall furnish the information and document referred to in the said proviso to the authority prescribed under subsection (1) of section 286, in such manner, on or before the date, as may be prescribed"amendment of section 111a3549 in section 111a of the income-tax act with effect from the 1st day of april,2017,—(i) in sub-section (1) , after the proviso, the following proviso shall be inserted, namely:—40''provided further that nothing contained in clause (b) shall apply to a transaction undertaken on a recognised stock exchange loacted in any international financial services centre and where the consideration for such transaction is paid or payable in foreign currency''(ii) for the explanation below sub-section (3), the following shall be substituted, namely:—45explanation—for the purposes of this section,—(a) ''equity oriented fund'' shall have the meaning assigned to it in the explanation to clause (38) of section 10;(b) ''international financial services centre'' shall have the same meaning as assigned to it in clause (q) of section 2 of the special economic zones act,2005;50amendment of section 112(c) ''recognised stock exchange'' shall have the meaning assigned to it in clause (ii) of explanation 1 to sub-section (5) of section 43'50 in section 112 of the income-tax act, in sub-section (1), in clause (c), in sub-clause(iii), for the words "unlisted securities", the words "unlisted securities or shares of a company not being a company in which the public are substantially interested" shall be substituted with effect from the 1st day of april, 201751 after section 115b of the income-tax act, with effect from the 1st day of april,2017, the following section shall be inserted, namely:—insertion of new section 115ba tax on income of certain domestic companies510"115ba (1) notwithstanding anything contained in this act but subject to the provisions of section 111a and section 112, the income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of april, 2017, shall, at the option of such person, be computed at the rate of twenty-five per cent, if the conditions contained in sub-section (2) are satisfied(2) for the purposes of sub-section (1), the following conditions shall apply, namely:—(a) the company has been set-up and registered on or after the 1st day of march, 2016;15(b) the company is not engaged in any business other than the business of manufacture or production of any article or thing and research in relation to or distribution of, such article or thing manufactured or produced by it; and(c) the total income of the company has been computed,—20(i) without any deduction under the provisions of section 10aa orclause (iia) of sub-section (1) of section 32 or section 32ac or section32ad or section 33ab or section 33aba or sub-clause (ii) or sub-clause (iia) or sub-clause (iii) of sub-section (1) or sub-section (2aa) or subsection (2ab) of section 35 or section 35ac or section 35ad or section35ccc or section 35ccd or under any provisions of chapter vi-a under the heading "c—deductions in respect of certain incomes" other thanthe provisions of section 80jjaa;25 30 35(ii) without set off of any loss carried forward from any earlier assessment year if such loss is attributable to any of the deductions referred to in sub-clause (i); and(iii) depreciation under section 32, other than clause (iia) of subsection (1) of the said section, is determined in the manner as may be prescribed(3) the loss referred to in sub-clause (ii) of clause (c) of sub-section (2) shall be deemed to have been already given full effect to and no further deduction for such loss shall be allowed for any subsequent year(4) nothing contained in this section shall apply unless the option is exercised by the person in the prescribed manner on or before the due date specified under subsection (1) of section 139 for furnishing the first of the returns of income which the person is required to furnish under the provisions of this act:provided that one the option has been excercised for any previous year, it cannot be subsequently withdrawn for the same or any other previous year4052 after section 115bbd of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—45insertion of new section 115 bbda tax on certain dividends received from domestic companies'115bbda (1) notwithstanding anything contained in this act, where the total income of an assessee, being an individual, hindu undivided family or a firm, resident in india, includes any income in aggregate exceeding ten lakh rupees, by way of dividends declared, distributed or paid by a domestic company or companies, the income-tax payable shall be aggregate of—(a) the amount of income-tax calculated on the income by way of suchdividends in aggregate exceeding ten lakh rupees, at the rate of ten per cent; and50(b) the amount of income-tax with which the assessee would have been chargeable had the total income of the assessee been reduced by the amount of income by way of dividends (2) no deduction in respect of any expenditure or allowance or set off of loss shall be allowed to the assessee under any provision of this act in computing the income by way of dividends referred to in clause (a) of sub-section (1)(3) in this section, "dividends" shall have the same meaning as is given to"dividend" in clause (22) of section 2 but shall not include sub-clause (e) thereof'amendment of section 115bbe53 in section 115bbe of the income-tax act, in sub-section (2), after the word"allowance", the words "or set off of any loss" shall be inserted with effect from the 1st day of april, 201754 after section 115bbe of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new section 115bbf tax on income from patent'115bbf (1) where the total income of an eligible assessee includes any income by way of royalty in respect of a patent developed and registered in india, the incometax payable shall be the aggregate of—(a) the amount of income-tax calculated on the income by way of royalty in respect of the patent at the rate of ten per cent; and(b) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the income referred to in clause (a) (2) notwithstanding anything contained in this act, no deduction in respect of any expenditure or allowance shall be allowed to the eligible assessee under any provision of this act in computing his income referred to in clause (a) of sub-section (1)(3) the eligible assessee may exercise the option for taxation of income by way of royalty in respect of a patent developed and registered in any india in accordance with the provisions of this section, in the prescribed manner, on or before the due date specified under sub-section (1) of section 139 for furnishing the return of income for the relevant previous year(4) where an eligible assessee opts for taxation of income by way of royalty in respect of a patent developed and registered in india for any previous year in accordance with the provisions of this section and the assessee offers the income for taxation for any of the five assessment years relevant to the previous year succeeding the previous year not in accordance with the provisions of sub-section (1), then, the assessee shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which such income has not been offered to tax in accordance with the provisions of sub-section (1) explanation—for the purposes of this section,—(a) "developed" means at least sevenby-five per cent of the expenditure incurred in india by the eligible assessee for any invention in respect of which a patent is granted under the patents act, 1970 (herein referred to as the patents act);(b) "eligible assessee" means a person resident in india and who is a patentee; (c) "invention" shall have the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the patents act;(d) "lump sum" includes an advance payment on account of such royalties which is not returnable;(e) "patent" shall have the meaning assigned to it in clause (m) of sub-section (1)of section 2 of the patents act;(f) "patentee" means the person, being the true and first inventor of the invention, whose name is entered on the patent register as the patentee, in accordance with the patents act, and includes every such person, being the true and first inventor of the invention, where more than one person is registered as patentee under that act in respect of that patent;(g) "patented article" and "patented process" shall have the meanings respectively assigned to them in clause (o) of sub-section (1) of section 2 of the patents act;(h) "royalty", in respect of a patent, means consideration (including any lump sum consideration but excluding any consideration which would be the income of the recipient chargeable under the head "capital gains" or consideration for sale of product manufactured with the use of patented process or the patented article for commercial use) for the—(i) transfer of all or any rights (including the granting of a licence) in respect of a patent; or(ii) imparting of any information concerning the working of, or the use of, a patent; or(iii) use of any patent; or (iv) rendering of any services in connection with the activities referred to in sub-clauses (i) to (iii);5amendment of section 115jb1015 20 25 30 35 40 45 5028 of 2005(i) "true and first inventor" shall have the meaning assigned to it in clause (y) of sub-section (1) of section 2 of the patents act' 55 in section 115jb of the income-tax act,—(i) after sub-section (2),—(a) in explanation 1, with effect from the 1st day of april, 2017,—(i) after clause (fc), the following clause shall be inserted, namely:—"(fd) the amount or amounts of expenditure relatable to income by way of royalty in respect of patent chargeable to tax under section 115bbf; or"; (ii) in the long line,—(a) in clause (iif), for the words "may be;" occurring at the end, the words "may be; or" shall be substituted;(b) after clause (iif), the following clause shall be inserted, namely:—"(iig) the amount of income by way of royalty in respect of patent chargeable to tax under section 115bbf;";(b) explanation 4 shall be renumbered as explanation 5 thereof and before explanation 5 as so renumbered, the following explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 2001, namely:—"explanation 4—for the removal of doubts, it is hereby clarified that the provisions of this section shall not be applicable and shall be deemed never to have been applicable to an assessee, being a foreign company, if—(i) the assessee is a resident of a country or a specified territory with which india has an agreement referred to in subsection (1) of section 90 or the central government has adopted any agreement under sub-section (1) of section 90a and the assessee does not have a permanent establishment in india in accordance with the provisions of such agreement; or(ii) the assessee is a resident of a country with which india does not have an agreement of the nature referred to in clause (i)and the assessee is not required to seek registration under any law for the time being in force relating to companies";(ii) after sub-section (6), the following sub-section shall be inserted with effect from the 1st day of april, 2017, namely:—'(7) notwithstanding anything contained in sub-section (1), where the assessee referred to therein, is a unit located in an international financial services centre and derives its income solely in convertible foreign exchange, the provisions of sub-section (1) shall have the effect as if for the words "eighteen and one-half per cent" wherever occurring in that sub-section, the words "nine per cent" had been substitutedexplanation—for the purposes of this sub-section,— (a) "international financial services centre" shall have the same meaning as assigned to it in clause (q) of section 2 of the special economic zones act, 2005;(b) "unit" means a unit established in an international financial services centre;(c) "convertible foreign exchange" means a foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign exchange management act, 1999 and the rules made thereunder'56 after chapter xii-bb of the income-tax act, the following chapter shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new chapter xii-bc5 "chapter xii-bc special provisions relating to foreign company said to be resident in india10foreign company said to be resident in india15115jh (1) where a foreign company is said to be resident in india in any previous year and such foreign company has not been resident in india in any of the previous years preceding the said previous year, then, notwithstanding anything contained in this act and subject to the conditions as may be notified by the central government in this behalf, the provisions of this act relating to the computation of total income, treatment of unabsorbed depreciation, set off or carry forward and set off of losses, collection and recovery and special provisions relating to avoidance of tax shall apply with such exceptions, modifications and adaptations as may be specified in that notification for the said previous year:20provided that where the determination regarding foreign company to be resident in india has been made in the assessment proceedings relevant to any previous year, then, the provisions of this sub-section shall also apply in respect of any other previous year, succeeding such previous year, if the foreign company is resident in india in that previous year and the previous year ends on or before the date on which such assessment proceeding is completed25(2) where, in a previous year, any benefit, exemption or relief has been claimed and granted to the foreign company in accordance with the provisions of sub-section (1), and, subsequently, there is failure to comply with any of the conditions specified in the notification issued under sub-section (1), then,—(i) such benefit, exemption or relief shall be deemed to have been wrongly allowed;30(ii) the assessing officer may, notwithstanding anything contained in this act, re-compute the total income of the assessee for the said previous year and make the necessary amendment as if the exceptions, modifications and adaptations referred to in sub-section (1) did not apply; and35(iii) the provisions of section 154 shall, so far as may be, apply thereto and the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which the failure to comply with the condition referred to in sub-section (1) takes place(3) every notification issued under this section shall be laid before each house of parliament"4057 in section 115-o of the income-tax act,—amendment of section 115-o(a) after sub-section (6), the following sub-section shall be inserted, with effect from the 1st day of june, 2016, namely:—45'(7) no tax on distributed profits shall be chargeable under this section in respect of any amount declared, distributed or paid by the specified domestic company by way of dividends (whether interim or otherwise) to a business trust out of its current income on or after the specified date:50provided that nothing contained in this sub-section shall apply in respect of any amount declared, distributed or paid, at any time, by the specified domestic company by way of dividends (whether interim or otherwise) out of its accumulated profits and current profits up to the specified dateexplanation—for the purposes of this sub-section,—(a) "specified domestic company" means a domestic company in which a business trust has become the holder of whole of the nominal5value of equity share capital of the company (excluding the equity share capital required to be held mandatorily by any other person in accordance with any law for the time being in force or any directions of government or any regulatory authority, or equity share capital held by any government or government body);(b) "specified date" means the date of acquisition by the business trust of such holding as is referred to in clause (a)';(b) after sub-section (7) as so inserted, the following sub-section shall be inserted with effect from the 1st day of april, 2017, namely:—1015'(8) notwithstanding anything contained in this section, no tax on distributed profits shall be chargeable in respect of the total income of a company, being a unit of an international financial services centre, deriving income solely in convertible foreign exchange, for any assessment year on any amount declared, distributed or paid by such company, by way of dividends (whether interim or otherwise) on or after the 1st day of april, 2017, out of its current income, either in the hands of the company or the person receiving such dividendexplanation—for the purposes of this sub-section,—28 of 2005(a) "international financial services centre" shall have the same meaning as assigned to it in clause (q) of section 2 of the special economic zones act, 2005;20(b) "unit" means a unit established in an international financial services centre, on or after the 1st day of april, 2016;2542 of 1999(c) "convertible foreign exchange" means foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign exchange management act, 1999 and the rules made thereunder'amendment of section 115qa58 in section 115qa of the income-tax act, in sub-section (1), in the explanation, with effect from the 1st day of june, 2016,—30(a) in clause (i), for the words, figures and letter "section 77a of the companies act, 1956", the words "any law for the time being in force relating to companies" shall be substituted;35(b) in clause (ii), for the words "the amount which was received by the company for issue of such shares", the words "the amount, which was received by the company for issue of such shares, determined in the manner as may be prescribed" shall be substitutedamendment of section 115ta59 in section 115ta of the income-tax act, after sub-section (4), the following subsection shall be inserted with effect from the 1st day of june, 2016, namely:—"(5) nothing contained in this section shall apply in respect of any income distributed by a securitisation trust to its investors on or after the 1st day of june, 2016"40amendment of section 115tc60 in section 115tc of the income-tax act, in the explanation, with effect from the1st day of june, 2016,—(a) in clause (a), after the words "or securities", the words "or security receipt"shall be inserted;45(b) in clause (d),—(i) in sub-clause (ii), after the words " reserve bank of india,", the word";or" shall be inserted;(ii) after sub-clause (ii) and before the long line, the following sub-clause shall be inserted, namely:—554 of 2002"(iii) trust set-up by a securitisation company or a reconstruction company formed, for the purposes of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, or in pursuance of any guidelines or directions issued for the said purposes by the reserve bank of india,";(c) after clause (d), the following clause shall be inserted, namely:—1054 of 2002'(e) "security receipt" shall have the same meaning as assigned to it in clause (zg) of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002'insertion of new section 115tca1561 after section 115tc of the income-tax act and before the explanation occurring after the said section, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—tax on income from securitisation trusts20"115tca (1) notwithstanding anything contained in this act, any income accruing or arising to, or received by, a person, being an investor of a securitisation trust, out of investments made in the securitisation trust, shall be chargeable to incometax in the same manner as if it were the income accruing or arising to, or received by, such person, had the investments by the securitisation trust been made directly by him(2) the income paid or credited by the securitisation trust shall be deemed to be of the same nature and in the same proportion in the hands of the person referred to in sub-section (1), as if it had been received by, or had accrued or arisen to, the securitisation trust during the previous year25(3) the income accruing or arising to, or received by, the securitisation trust, during a previous year, if not paid or credited to the person referred to in sub-section (1), shall be deemed to have been credited to the account of the said person on the last day of the previous year in the same proportion in which such person would have been entitled to receive the income had it been paid in the previous year30(4) the person responsible for crediting or making payment of the income on behalf of securitisation trust and the securitisation trust shall furnish, within such period, as may be prescribed, to the person who is liable to tax in respect of such income and to the prescribed income-tax authority, a statement in such form and verified in such manner, giving details of the nature of the income paid or credited during the previous year and such other relevant details, as may be prescribed35(5) any income which has been included in the total income of the person referred to in sub-section (1), in a previous year, on account of it having accrued or arisen in the said previous year, shall not be included in the total income of such person in the previous year in which such income is actually paid to him by the securitisation trust"4062 after chapter xii-ea of the income-tax act, the following chapter shall be inserted with effect from the 1st day of june, 2016, namely:—insertion of new chapter xii-eb 'chapter xii-eb special provisions relating to tax on accreted income of certain trusts and institutions45115td (1) notwithstanding anything contained in this act, where in any previous year, a trust or institution registered under section 12aa has—tax on accreted income(a) converted into any form which is not eligible for grant of registration under section 12aa;50(b) merged with any entity other than an entity which is a trust or institution having objects similar to it and registered under section 12aa; or51015 20 25 30(c) failed to transfer upon dissolution all its assets to any other trust or institution registered under section 12aa or to any fund or institution or trust or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23c) of section 10, within a period of twelve months from the end of the month in which the dissolution takes place, then, in addition to the income-tax chargeable in respect of the total income of such trust or institution, the accreted income of the trust or the institution as on the specified date shall be charged to tax and such trust or institution, as the case may be, shall be liable to pay additional income-tax (herein referred to as tax on accreted income) at the maximum marginal rate on the accreted income(2) the accreted income for the purposes of sub-section (1) means the amount by which the aggregate fair market value of the total assets of the trust or the institution, as on the specified date, exceeds the total liability of such trust or institution computed in accordance with the method of valuation as may be prescribed:provided that so much of the accreted income as is attributable to the following asset and liability, if any, related to such asset shall be ignored for the purposes of subsection (1), namely:—(i) any asset which is established to have been directly acquired by the trust or institution out of its income of the nature referred to in clause (1) of section 10;(ii) any asset acquired by the trust or institution during the period beginning from the date of its creation or establishment and ending on the date from which the registration under section 12aa became efective, if the trust or institution has not been allowed any benefit of sections 11 and 12 during the said period: provided further that where due to the first proviso to sub-section (2) of section12a, the benefit of sections 11 and 12 have been allowed to the trust or the institution in respect of any previous year or years beginning prior to the date from which the registration under section 12aa is effective, then, for the purposes of clause (ii) of the first proviso, the registration shall be deemed to have become effective from the first day of the earliest previous year:3540 45 50 55provided also that while computing the accreted income in respect of a case referred to in clause (c) of sub-section (1), assets and liabilities, if any, related to such asset, which have been transferred to any other trust or institution registered under section 12aa or to any fund or institution or trust or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23c) of section 10, within the period specified in the said clause, shall be ignored(3) for the purposes of sub-section (1), a trust or an institution shall be deemed to have been converted into any form not eligible for registration under section 12aa in a previous year, if,—(i) the registration granted to it under section 12aa has been cancelled; or (ii) it has adopted or undertaken modification of its objects which do not conform to the conditions of registration and it,—(a) has not applied for fresh registration under section 12aa in the said previous year; or(b) has filed application for fresh registration under section 12aabut the said application has been rejected(4) notwithstanding that no income-tax is payable by a trust or the institution on its total income computed in accordance with the provisions of this act, the tax on the accreted income under sub-section (1) shall be payable by such trust or the institution(5) the principal officer or the trustee of the trust or the institution, as the case may be, and the trust or the institution shall also be liable to pay the tax on accreted income to the credit of the central government within fourteen days from,—(i) the date on which,—(a) the period for filing appeal under section 253 against the order cancelling the registration expired and no appeal has been filed by the trust or the institution; or5(b) the order in any appeal, confirming the cancellation of the registration, is received by the trust or institution, in a case referred to in clause (i) of sub-section (3);(ii) the end of the previous year in a case referred to in sub-clause (a) of clause (ii) of sub-section (3);(iii) the date on which,—10(a) the period for filing appeal under section 253 against the order rejecting the application expires and no appeal has been filed by the trust or the institution; or(b) the order in any appeal, confirming the cancellation of the application, is received by the trust or institution, in a case referred to in sub-clause (b) of clause (ii) of sub-section (3)15 20(iv) the date of merger in a case referred to in clause (b) of sub-section (1);(v) the date on which the period of twelve months referred to in clause (c)of sub-section (1) expires (6) the tax on the accreted income by the trust or the institution shall be treated as the final payment of tax in respect of the said income and no further credit therefor shall be claimed by the trust or the institution or by any other person in respect of the amount of tax so paid(7) no deduction under any other provision of this act shall be allowed to the trust or the institution or any other person in respect of the income which has been charged to tax under sub-section (1) or the tax thereon25explanation—for the purposes of this section,—(i) "date of conversion" means,—(a) the date of the order cancelling the registration under section 12aa, in a case referred to in clause (i) of sub-section (3);or30(b) the date of adoption or modification of any object, in a case referred to in clause (ii) of sub-section (3);(ii) "specified date" means,—(a) the date of conversion in a case falling under clause (a) of sub-section (1);35(b) the date of merger in a case falling under clause (b) of subsection (1); and(c) the date of dissolution in a case falling under clause (c) of sub-section (1)40(iii) registration under section 12aa shall include any registration obtained under section 12a as it stood before its amendment by the finance (no 2) act, 199633 of 199645interest payable for non-payment of tax by trust or institution50when trust or institution is deemed to be assessee in default115te where the principal officer or the trustee of the trust or the institution and the trust or the institution fails to pay the whole or any part of the tax on the accreted income referred to in sub-section (1) of section 115td, within the time allowed under sub-section (5) of that section, he or it shall be liable to pay simple interest at the rate of one per cent for every month or part thereof on the amount of such tax for the period beginning on the date immediately after the last date on which such tax was payable and ending with the date on which the tax is actually paid115tf (1) if any principal officer or the trustee of the trust or the institution and the trust or the institution does not pay tax on accreted income in accordance with the provisions of section 115td, then, he or it shall be deemed to be an assessee in default in respect of the amount of tax payable by him or it and all the provisions of this act for the collection and recovery of income-tax shall apply5(2) notwithstanding anything contained in sub-section (1), in a case where the tax on accreted income is payable under the circumstances referred to in clause (c) of sub-section (1) of section 115td, the person to whom any asset forming part of the computation of accreted income under sub-section (2) thereof has been transferred, shall be deemed to be an assessee in default in respect of such tax and interest thereon and all the provisions of this act for the collection and recovery of income-tax shall apply:provided that the liability of the person referred to in this sub-section shall be limited to the extent to which the asset received by him is capable of meeting the liability'amendment of section 115ua1063 in section 115ua of the income-tax act, in sub-section (3), for the words, brackets, figures and letters "in clause (23fc)", the words, brackets, letters and figures "in sub-clause(a) of clause (23fc)" shall be substituted with effect from the 1st day of april, 2017amendment of section 11964 in section 119 of the income-tax act, in sub-section (2), in clause (a), after the figures and letter "234e", the figures and letter "270a," shall be inserted with effect from the 1st day of april, 201715amendment of section 12420amendment of section 133c25amendment of section 13930 35 40 45 50amendment of section 1435565 in section 124 of the income-tax act, in sub-section (3), after clause (b), the following clause shall be inserted with effect from the 1st day of june, 2016, namely:—"(c) where an action has been taken under section 132 or section 132a, after the expiry of one month from the date on which he was served with a notice under subsection (1) of section 153a or sub-section (2) of section 153c or after the completion of the assessment, whichever is earlier" 66 section 133c of the income-tax act shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted with effect from the 1st day of june, 2016, namely:—"(2) where any information or document has been received in response to a notice issued under sub-section (1), the prescribed income-tax authority may process such information or document and make available the outcome of such processing to the assessing officer" 67 in section 139 of the income-tax act,—(i) in sub-section (1), in the sixth proviso, for the words, figures and letter"provisions of section 10a", the words, brackets, figures and letter "provisions of clause (38) of section 10 or section 10a" shall be substituted with effect from the 1st day of april, 2017;(ii) in sub-section (3), after the words, brackets and figures "sub-section (2) of section 73", the words, brackets, figures and letter "or sub-section (2) of section 73a" shall be inserted;(iii) with effect from the 1st day of april, 2017,—(a) for sub-section (4), the following sub-section shall be substituted, namely:—"(4) any person who has not furnished a return within the time allowed to him under sub-section (1), may furnish the return for any previous year at any time before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier"; (b) for sub-section (5), the following sub-section shall be substituted, namely:—"(5) if any person, having furnished a return under sub-section (1)or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier"; (c) in sub-section (9), in the explanation, clause (aa) shall be omitted68 in section 143 of the income-tax act,—(a) with effect from the 1st day of april, 2017,—(i) in sub-section (1), in clause (a),—(a) in sub-clause (i), the word "or" appearing at the end shall be omitted;(b) after sub-clause (ii), the following sub-clauses shall be inserted, namely:—5"(iii) disallowance of loss claimed, if return of the previous year for which set off of loss is claimed was furnished beyond the due date specified under sub-section (1) of section 139;(iv) disallowance of expenditure indicated in the audit report but not taken into account in computing the total income in the return;10(v) disallowance of deduction claimed under sections 10aa,80-ia, 80-iab, 80-ib, 80-ic, 80-id or section 80-ie, if the return is furnished beyond the due date specified under sub-section (1) of section 139; or(vi) addition of income appearing in form 26as or form 16aor form 16 which has not been included in computing the total income in the return:15provided that no such adjustments shall be made unless an intimation is given to the assessee of such adjustments either in writing or in electronic mode:20provided further that the response received from the assessee, if any, shall be considered before making any adjustment, and in a case where no response is received within thirty days of the issue of such intimation, such adjustments shall be made;";(ii) for sub-section (1d), the following sub-section shall be substituted, namely:—25"(1d) notwithstanding anything contained in sub-section (1), the processing of a return shall not be necessary before the expiry of the period specified in the second proviso to sub-section (1), where a notice has been issued to the assessee under sub-section (2) :provided that such return shall be processed before the issuance of an order under sub-section (3)''30(b) for sub-section (2), the following sub-section shall be substituted with effect from the 1st day of june, 2016, namely:—35 40"(2) where a return has been furnished under section 139, or in response to a notice under sub-section (1) of section 142, the assessing officer or the prescribed income-tax authority, as the case may be, if, considers it necessary or expedient to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner, shall serve on the assessee a notice requiring him, on a date to be specified therein, either to attend the office of the assessing officer or to produce, or cause to be produced before the assessing officer any evidence on which the assessee may rely in support of the return:provided that no notice under this sub-section shall be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished"amendment of section 1474569 in section 147 of the income-tax act, in explanation 2, after clause (c), the following clause shall be inserted with effect from the 1st day of june, 2016, namely:—50"(ca) where a return of income has not been furnished by the assessee or a return of income has been furnished by him and on the basis of information or document received from the prescribed income-tax authority, under sub-section (2) of section133c, it is noticed by the assessing officer that the income of the assessee exceeds the maximum amount not chargeable to tax, or as the case may be, the assessee has understated the income or has claimed excessive loss, deduction, allowance or relief in the return;"70 for section 153 of the income-tax act, the following section shall be substituted with effect from the 1st day of june, 2016, namely:—substitution of new section for section 1535time limit for completion of assessment, reassessment and recomputation"153 (1) no order of assessment shall be made under section 143 or section144 at any time after the expiry of twenty-one months from the end of the assessment year in which the income was first assessable(2) no order of assessment, reassessment or recomputation shall be made under section 147 after the expiry of nine months from the end of the financial year in which the notice under section 148 was served1015(3) notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in pursuance of an order under section 254 or section 263 or section 264, setting aside or cancelling an assessment, may be made at any time before the expiry of nine months from the end of the financial year in which the order under section 254 is received by the principal chief commissioner or chief commissioner or principal commissioner or commissioner or, as the case may be, the order under section 263 or section 264 is passed by the principal commissioner or commissioner20(4) notwithstanding anything contained in sub-sections (1), (2) and (3), where a reference under sub-section (1) of section 92ca is made during the course of the proceeding for the assessment or reassessment, the period available for completion of assessment or reassessment, as the case may be, under the said sub-sections (1), (2)and (3) shall be extended by twelve months25 30(5) where effect to an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given by the assessing officer, wholly or partly, otherwise than by making a fresh assessment or reassessment, such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260 or section 262 is received by the principal chief commissioner or chief commissioner or principal commissioner or commissioner, as the case may be, the order under section 263 or section 264 is passed by the principal commissioner or commissioner:provided that where it is not possible for the assessing officer to give effect to such order within the aforesaid period, for reasons beyond his control, the principal commissioner or commissioner on receipt of such request in writing from the assessing officer, if satisfied, may allow an additional period of six months to give effect to the order35 40 45 50(6) nothing contained in sub-sections (1) and (2) shall apply to the following classes of assessments, reassessments and recomputation which may, subject to the provisions of sub-sections (3) and (5), be completed— (i) where the assessment, reassessment or recomputation is made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 250, section 254, section 260, section 262, section 263, or section 264 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this act, on or before the expiry of twelve months from the end of the month in which such order is received or passed by the principal commissioner or commissioner, as the case may be; or(ii) where, in the case of a firm, an assessment is made on a partner of the firm in consequence of an assessment made on the firm under section 147, on or before the expiry of twelve months from the end of the month in which the assessment order in the case of the firm is passed (7) where effect to any order, finding or direction referred to in sub-section (5)or sub-section (6) is to be given by the assessing officer, within the time specified in the said sub-sections, and such order has been received or passed, as the case may be, by the income-tax authority specified therein before the 1st day of june, 2016, the assessing officer shall give effect to such order, finding or direction, or assess, reassess or recompute the income of the assessee, on or before the 31st day of march, 2017555 10(8) notwithstanding anything contained in the foregoing provisions of this section, sub-section (2) of section 153a or sub-section (1) of section 153b, the order of assessment or reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153a, shall be made within a period of one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153b, whichever is later(9) the provisions of this section as they stood immediately before the commencement of the finance act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of june, 2016explanation 1—for the purposes of this section, in computing the period of limitation—15 20 25 30(i) the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be re-heard under the proviso to section 129; or(ii) the period during which the assessment proceeding is stayed by an order or injunction of any court; or(iii) the period commencing from the date on which the assessing officer intimates the central government or the prescribed authority, the contravention of the provisions of clause (21) or clause (22b) or clause (23a) or clause (23b) or sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause(23c) of section 10, under clause (i) of the proviso to sub-section (3) of section 143 and ending with the date on which the copy of the order withdrawing the approval or rescinding the notification, as the case may be, under those clauses is received by the assessing officer; or(iv) the period commencing from the date on which the assessing officer directs the assessee to get his accounts audited under sub-section (2a) of section142 and—(a) ending with the last date on which the assessee is required to furnish a report of such audit under that sub-section; or(b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the principal commissioner or commissioner; or35(v) the period commencing from the date on which the assessing officer makes a reference to the valuation officer under sub-section (1) of section 142a and ending with the date on which the report of the valuation officer is received by the assessing officer; or40(vi) the period (not exceeding sixty days) commencing from the date on which the assessing officer received the declaration under sub-section (1) of section 158a and ending with the date on which the order under sub-section (3)of that section is made by him; or45(vii) in a case where an application made before the income-tax settlement commission is rejected by it or is not allowed to be proceeded with by it, the period commencing from the date on which an application is made before the settlement commission under section 245c and ending with the date on which the order under sub-section (1) of section 245d is received by the principal commissioner or commissioner under sub-section (2) of that section; or50(viii) the period commencing from the date on which an application is made before the authority for advance rulings under sub-section (1) of section 245q and ending with the date on which the order rejecting the application is received by the principal commissioner or commissioner under sub-section (3) of section 245r; or55(ix) the period commencing from the date on which an application is made before the authority for advance rulings under sub-section (1) of section 245q and ending with the date on which the advance ruling pronounced by it is received by the principal commissioner or commissioner under sub-section (7) of section245r; or5(x) the period commencing from the date on which a reference or first of the references for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90a and ending with the date on which the information requested is last received by the principal commissioner or commissioner or a period of one year, whichever is less; or10(xi) the period commencing from the date on which a reference fordeclaration of an arrangement to be an impermissible avoidance arrangement is received by the principal commissioner or commissioner under sub-section (1) of section 144ba and ending on the date on which a direction under sub-section (3) or sub-section (6) or an order under sub-section (5) of the saidsection is received by the assessing officer,shall be excluded:15provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in sub-sections (1), (2), (3) and sub-section (8) available to the assessing officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:20provided further that where the period available to the transfer pricing officer is extended to sixty days in accordance with the proviso to sub-section (3a) of section 92ca and the period of limitation available to the assessing officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:25 30provided also that where a proceeding before the settlement commission abates under section 245ha, the period of limitation available under this section to the assessing officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub-section (4) of section 245ha, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year; and for the purposes of determining the period of limitation under sections 149, 153b, 154, 155 and 158be and for the purposes of payment of interest under section 244a, this proviso shall also apply accordinglyexplanation 2—for the purposes of this section, where, by an order referred to in clause (i) of sub-section (6),—35(a) any income is excluded from the total income of the assessee for an assessment year, then, an assessment of such income for another assessment year shall, for the purposes of section 150 and this section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in the said order; or40(b) any income is excluded from the total income of one person and held to be the income of another person, then, an assessment of such income on such other person shall, for the purposes of section 150 and this section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in the said order, if such other person was given an opportunity of being heard before the said order was passed"4571 for section 153b of the income-tax act, the following section shall be substituted with effect from the 1st day of june, 2016, namely:—substitution of new section for section 153b'153b (1) notwithstanding anything contained in section 153, the assessing officer shall make an order of assessment or reassessment,—time limit for completion of assessment under section 153a(a) in respect of each assessment year falling within six assessment years referred to in clause (b) of sub-section (1) of section 153a, within a period of twenty-one months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132a was executed;5 10(b) in respect of the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 132a, within a period of twenty-one months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132a was executed:15provided that in case of other person referred to in section 153c, the period of limitation for making the assessment or reassessment shall be the period as referred to in clause (a) or clause (b) of this sub-section or nine months from the end of the financial year in which books of account or documents or assets seized or requisitioned are handed over under section 153c to the assessing officer having jurisdiction over such other person, whichever is later:20provided further that in case where the last of the authorisations for search under section 132 or for requisition under section 132a was executed and during the course of the proceedings for the assessment or reassessment of total income, a reference under sub-section (1) of section 92ca is made, the provisions of clause (a) or clause(b) of this sub-section shall have effect as if for the words "twenty-one months", the words "thirty-three months" had been substituted:25 30provided also that in case where during the course of the proceedings for the assessment or reassessment of total income in case of other person referred to in section 153c, a reference under sub-section (1) of section 92ca is made, the period of limitation for making the assessment or reassessment in case of such other person shall be the period of thirty-three months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132a was executed or twenty-one months from the end of the financial year in which books of account or documents or assets seized or requisitioned are handed over under section 153c to the assessing officer having jurisdiction over such other person, whichever is later(2) the authorisation referred to in clause (a) and clause (b) of sub-section (1)shall be deemed to have been executed,—35(a) in the case of search, on the conclusion of search as recorded in the last panchnama drawn in relation to any person in whose case the warrant of authorisation has been issued; or(b) in the case of requisition under section 132a, on the actual receipt of the books of account or other documents or assets by the authorised officer40(3) the provisions of this section, as they stood immediately before the commencement of the finance act, 2016, shall apply to and in relation to any order of assessment or reassessment made before the 1st day of june, 2016explanation—in computing the period of limitation under this section—45(i) the period during which the assessment proceeding is stayed by an order or injunction of any court; or(ii) the period commencing from the date on which the assessing officer directs the assessee to get his accounts audited under sub-section (2a) of section142 and—(a) ending with the last date on which the assessee is required to furnish a report of such audit under that sub-section; or50(b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the principal commissioner or commissioner; or5(iii) the period commencing from the date on which the assessing officer makes a reference to the valuation officer under sub-section (1) of section 142a and ending with the date on which the report of the valuation officer is received by the assessing officer; or10(iv) the time taken in re-opening the whole or any part of the proceeding or in giving an opportunity to the assessee of being re-heard under the proviso to section 129; or15(v) in a case where an application made before the income-tax settlement commission is rejected by it or is not allowed to be proceeded with by it, the period commencing from the date on which an application is made before the settlement commission under section 245c and ending with the date on which the order under sub-section (1) of section 245d is received by the principal commissioner or commissioner under sub-section (2) of that section; or20(vi) the period commencing from the date on which an application is made before the authority for advance rulings under sub-section (1) of section 245qand ending with the date on which the order rejecting the application is received by the principal commissioner or commissioner under sub-section (3) of section245r; or25(vii) the period commencing from the date on which an application is made before the authority for advance rulings under sub-section (1) of section245q and ending with the date on which the advance ruling pronounced by it is received by the principal commissioner or commissioner under sub-section (7) of section 245r; or30(viii) the period commencing from the date of annulment of a proceeding or order of assessment or reassessment referred to in sub-section (2) of section153a, till the date of the receipt of the order setting aside the order of such annulment, by the principal commissioner or commissioner; or35(ix) the period commencing from the date on which a reference or first of the references for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90a and ending with the date on which the information requested is last received by the principal commissioner or commissioner or a period of one year, whichever is less; or40(x) the period commencing from the date on which a reference for declaration of an arrangement to be an impermissible avoidance arrangement is received by the principal commissioner or commissioner under sub-section (1) of section 144ba and ending on the date on which a direction under sub-section (3) or sub-section (6) or an order under sub-section (5) of the said section is received by the assessing officer, shall be excluded:45provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in clause (a) or clause (b) of this sub-section available to the assessing officer for making an order of assessment or reassessment, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:50provided further that where the period available to the transfer pricing officer is extended to sixty days in accordance with the proviso to sub-section (3a) of section 92ca and the period of limitation available to the assessing officer for making an order of assessment or reassessment, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly'amendment of section 192a572 in section 192a of the income-tax act, in the first proviso, for the words "thirtythousand rupees", the words "fifty thousand rupees" shall be substituted with effect from the 1st day of june, 2016amendment of section 194bb73 in section 194bb of the income-tax act, for the words "five thousand rupees", thewords "ten thousand rupees" shall be substituted with effect from the 1st day of june, 2016amendment of section 194c1074 in section 194c of the income-tax act, in sub-section (5), in the proviso, for thewords "seventy-five thousand rupees", the words "one lakh rupees" shall be substituted with effect from the 1st day of june, 2016amendment of section 194d75 in section 194d of the income-tax act, in the second proviso, for the words "twentythousand rupees", the words "fifteen thousand rupees" shall be substituted with effect from the 1st day of june, 201615amendment of section 194da76 in section 194da of the income-tax act, for the words "two per cent", the words"one per cent" shall be substituted with effect from the 1st day of june, 2016amendment of section 194ee77 in section 194ee of the income-tax act, for the words "twenty per cent", thewords "ten per cent" shall be substituted with effect from the 1st day of june, 2016amendment of section 194g2078 in section 194g of the income-tax act, in sub-section (1), with effect from the 1stday of june, 2016,—(i) for the words "one thousand rupees", the words "fifteen thousand rupees"shall be substituted;(ii) for the words "ten per cent", the words "five per cent" shall be substituted| 79 | in section 194h of the income-tax act, with effect from the 1st day of june, 2016,— ||---------------|---------------------------------------------------------------------------------------|| amendment of | || section 194h | || 25 | || ( | i |(ii) in first proviso, for the words "five thousand rupees", the words "fifteen thousand rupees" shall be substituted 80 section 194k and section 194l of the income-tax act shall be omitted with effect from the 1st day of june, 201630omission of sections 194k and 194l amendment of section 194la81 in section 194la of the income-tax act, in the proviso, for the words "two hundred thousand rupees", the words "two lakh and fifty thousand rupees" shall be substituted with effect from the 1st day of june, 201682 in section 194lba of the income-tax act, with effect from the 1st day of june,2016,—amendment of section 194lba35(i) in sub-section (1), for the words, brackets, figures and letters "in clause(23fc)", the words, brackets, figures and letters "in sub-clause (a) of clause (23fc)"shall be substituted;40(ii) in sub-section (2), for the words, brackets, figures and letters "in clause(23fc)", the words, brackets, figures and letters "in sub-clause (a) of clause (23fc)"shall be substitutedamendment of section 194lbb83 in section 194lbb of the income-tax act, for the words "deduct income-tax thereon at the rate of ten per cent", the following shall be substituted with effect from the 1st day of june, 2016, namely:—"deduct income-tax thereon,—45(i) at the rate of ten per cent, where the payee is a resident;(ii) at the rates in force, where the payee is a non-resident (not being a company) or a foreign company:provided that where the payee is a non-resident (not being a company) or a foreign company, no deduction shall be made in respect of any income that is not chargeable to tax under the provisions of the act'''584 after section 194lbb of the income-tax act, the following section shall be inserted with effect from the 1st day of june, 2016, namely:—10insertion of new section 194lbc income in respect of investment in securitisation trust'194lbc (1) where any income is payable to an investor, being a resident, in respect of an investment in a securitisation trust specified in clause (d) of the explanation occurring after section 115tca, the person responsible for making the payment shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon, at the rate of—15(i) twenty-five per cent, if the payee is an individual or a hindu undivided family;(ii) thirty per cent, if the payee is any other person20(2) where any income is payable to an investor, being a non-resident (not being a company) or a foreign company, in respect of an investment in a securitisation trust specified in clause (d) of the explanation occurring after section 115tca, the person responsible for making the payment shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon, at the rates in forceexplanation—for the purposes of this section,—25(a) "investor" shall have the meaning assigned to it in clause (a) of the explanation occurring after section 115tca;30(b) where any income as aforesaid is credited to any account, whether called "suspense account" or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be the credit of such income to the account of the payee, and the provisions of this section shall apply accordingly'amendment of section 19785 in section 197 of the income-tax act, in sub-section (1), after the figures and letters "194la", the figures and letters ", 194lbb, 194lbc" shall be inserted with effect from the 1st day of june, 20163586 in section 197a of the income-tax act, with effect from the 1st day of june, 2016,—amendment of section 197a(a) in sub-section (1a), after the word, figures and letters "section 194da" atboth the places where they occur, the words, figures and letter "or section 194-i" shall be inserted;40(b) in sub-section (1c), after the word, figures and letters "section 194ee" at both the places where they occur, the words, figures and letter "or section 194-i" shall be insertedamendment of section 206aa87 in section 206aa of the income-tax act, for sub-section (7), the following subsection shall be substituted with effect from the 1st day of june, 2016, namely:—"(7) the provisions of this section shall not apply to a non-resident, not being a company, or to a foreign company, in respect of—45(i) payment of interest on long-term bonds as referred to in section 194lc;and(ii) any other payment subject to such conditions as may be prescribed"88 in section 206c of the income-tax act, with effect from the 1st day of june, 2016,—amendment of section 206c(i) in sub-section (1d),—(a) after the words "or jewellery", the words "or any other goods (other than bullion or jewellery) or providing any service" shall be inserted;(b) in clause (ii), for the word "rupees", the words "rupees; or" shall be substituted;5(c) after clause (ii), the following clause shall be inserted, namely:—"(iii) for any goods, other than those referred to in clauses (i) and(ii), or any service, exceeds two hundred thousand rupees:10provided that no tax shall be collected at source under this subsection on any amount on which tax has been deducted by the payer under chapter xvii-b";(ii) after sub-section (1d), the following sub-sections shall be inserted, namely:—15"(1e) nothing contained in sub-section (1d) in relation to sale of any goods (other than bullion or jewellery) or providing any service shall apply to such class of buyers who fulfil such conditions, as may be prescribed(1f) every person, being a seller, who receives any amount as consideration for sale of a motor vehicle of the value exceeding ten lakh rupees, shall, at the time of receipt of such amount, collect from the buyer, a sum equal to one per cent of the sale consideration as income-tax";20after sub-section (11), in the explanation,—(a) in clause (aa), in sub-clause (ii), after the word, brackets, figure and letter "sub-section (1d)", the words brackets, figure and letter "or sub-section (1f)" shall be inserted;25(b) in cluase (c), after the word "sold", the words, brackets, figure and letter "or services referred to in sub-section (1d) are provided" shall be instered"amendment of section 21189 in section 211 of the income-tax act, for sub-section (1), the following sub-section shall be substituted with effect from the 1st day of june, 2016, namely:—30"(1) advance tax on the current income calculated in the manner laid down in section 209 shall be payable by—(a) all the assessees, other than the assessee referred to in clause (b), who are liable to pay the same, in four instalments during each financial year and the due date of each instalment and the amount of such instalment shall be as specified in the table below:35tabledue date of instalmentamount payable40on or before the 15th junenot less than fifteen per cent of such advancetaxon or before the 15th septembernot less than forty-five per cent of suchadvance tax, as reduced by the amount, if any, paid in the earlier instalment45on or before the 15th decembernot less than seventy-five per cent of suchadvance tax, as reduced by the amount or amounts, if any, paid in the earlier instalment or instalmentson or before the 15th marchthe whole amount of such advance tax, asreduced by the amount or amounts, if any, paid in the earlier instalment or instalments;(b) an eligible assessee in respect of an eligible business referred to in section 44ad, to the extent of the whole amount of such advance tax during each financial year on or before the 15th march:5provided that any amount paid by way of advance tax on or before the 31st day of march shall also be treated as advance tax paid during the financial year ending on that day for all the purposes of this act"amendment of section 22090 in section 220 of the income-tax act, in sub-section (2a), after clause (iii), the following provisos shall be inserted with effect from the 1st day of june, 2016, namely:—10"provided that the order accepting or rejecting the application of the assessee, either in full or in part, shall be passed within a period of twelve months from the end of the month in which the application is received:provided further that no order rejecting the application, either in full or in part, shall be passed unless the assessee has been given an opportunity of being heard:15provided also that where any application is pending as on the 1st day of june,2016, the order shall be passed on or before the 31st day of may, 2017"amendment of section 234c91 in section 234c of the income-tax act, in sub-section (1), with effect from the 1st day of june, 2016,—(i) for clause (a), the following clause shall be substituted, namely:—20"(a) an assessee, other than an eligible assessee in respect of the eligible business referred to in section 44ad, who is liable to pay advance tax under section 208 has failed to pay such tax or—25 30(i) the advance tax paid by such assessee on its current income on or before the 15th day of june is less than fifteen per cent of the tax due on the returned income or the amount of such advance tax paid on or before the 15th day of september is less than forty-five per cent of the tax due on the returned income or the amount of such advance tax paid on or before the 15th day of december is less than seventy-five per cent of the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of one per cent per month for a period of three months on the amount of the shortfall from fifteen per cent or forty-five per cent or seventy-five per cent, as the case may be, of the tax due on the returned income;35(ii) the advance tax paid by the assessee on the current income on or before the 15th day of march is less than the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of one per cent on the amount of the shortfall from the tax due on the returned income:40provided that if the advance tax paid by the assessee on the current income, on or before the 15th day of june or the 15th day of september, is not less than twelve per cent or, as the case may be, thirty-six per cent of the tax due on the returned income, then, the assessee shall not be liable to pay any interest on the amount of the shortfall on those dates;";45(ii) in clause (b), for the portion beginning with the words "the assessee, other than a company" and ending with the words "shortfall from the tax due on the returned income", the following shall be substituted, namely:—"an eligible assessee in respect of the eligible business referred to in section 44ad, who is liable to pay advance tax under section 208 has failed to pay such tax or the advance tax paid by the assessee on its current income on or before the 15th day of march is less than the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of one per cent on the amount of the shortfall from the tax due on the returned income:"; (iii) in the first proviso, below clause (b)—5(i) in clause (b), for the word and figure "section 2", the words and figure "section 2; or" shall be substituted;(ii) after clause (b), the following clause shall be inserted, namely:—10'(c) income under the head "profits and gains of business or profession" in cases where the income accrues or arises under the said head for the first time,'; (iii) in the long line, for the words, brackets and letter "or clause(b)", the words, brackets and letters "or clause (b) or clause (c)" shall be substituted1592 in section 244a of the income-tax act, with effect from the 1st day of june, 2016,—amendment of section 244a20(a) in sub-section (1), for clause (a), the following clauses shall be substituted, namely:—"(a) where the refund is out of any tax collected at source under section206c or paid by way of advance tax or treated as paid under section 199, during the financial year immediately preceding the assessment year, such interest shall be calculated at the rate of one-half per cent for every month or part of a month comprised in the period,—25(i) from the 1st day of april of the assessment year to the date on which the refund is granted, if the return of income has been furnished on or before the due date specified under sub-section (1) of section 139; or(ii) from the date of furnishing of return of income to the date on which the refund is granted, in a case not covered under sub-clause (i);30 35(aa) where the refund is out of any tax paid under section 140a, such interest shall be calculated at the rate of one-half per cent for every month or part of a month comprised in the period, from the date of furnishing of return of income or payment of tax, whichever is later, to the date on which the refund is granted:provided that no interest under clause (a) or clause (aa) shall be payable, if the amount of refund is less than ten per cent of the tax as determined under sub-section (1) of section 143 or on regular assessment;";40(b) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) in a case where a refund arises as a result of giving effect to an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264, wholly or partly, otherwise than by making a fresh assessment or reassessment, the assessee shall be entitled to receive, in addition to the interest payable under sub-section (1), an additional interest on such amount of refund calculated at the rate of three per cent per annum, for the period beginning from the date following the date of expiry of the time allowed under sub-section (5) of section 153 to the date on which the refund is granted";45(c) in sub-section (2), after the words "interest is payable", the words, brackets, figures and letter "under sub-sections (1) or (1a)" shall be insertedamendment of section 24993 in section 249 of the income-tax act, in sub-section (2), in clause (b), with effect from the 1st day of april, 2017,—50(i) in the proviso, for the words "excluded, or" occurring at the end, the word"excluded:" shall be substituted;(ii) after the proviso, the following proviso shall be inserted, namely:—"provided further that where an application has been made under subsection (1) of section 270aa, the period beginning from the date on which the application is made, to the date on which the order rejecting the application is served on the assessee, shall be excluded, or"594 in section 252 of the income-tax act, with effect from the 1st day of june, 2016,—amendment of section 252(a) in sub-section (3), in clause (b), the words "the senior vice-president or"shall be omitted;(b) sub-section (4a) shall be omitted;10(c) in sub-section (5), the words "senior vice-president or a" shall be omitted95 in section 253 of the income-tax act,—amendment of section 253(a) in sub-section (1), with effect from the 1st day of april, 2017,—(i) in clause (a), after the word and figures "section 250,", the word, figures and letter "section 270a," shall be inserted;15(ii) in clause (c), after the words and figures "or under section 263", the words, figures and letter "or under section 270a" shall be inserted; (b) with effect from the 1st day of june, 2016,—(a) sub-section (2a) and sub-section (3a) shall be omitted;20(b) for sub-section (4), the following sub-section shall be substituted namely:—25 30"(4) the assessing officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the commissioner (appeals), has been preferred under sub-section (1) or sub-section (2)by the other party, may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections, verified in the prescribed manner, against any part of the order of the commissioner (appeals), and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in sub-section (3)";(c) in sub-section (6), for the proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect from the 1st day of july, 2012, namely:—35"provided that no fee shall be payable in the case of an appeal referred to in sub-section (2), or, sub-section (2a) as it stood before its amendment by the finance act, 2016, or, a memorandum of cross objections referred to in subsection (4)"96 in section 254 of the income-tax act, with effect from the 1st day of june, 2016,—amendment of section 25440(a) in sub-section (2), for the words "four years from the date of the order", the words "six months from the end of the month in which the order was passed" shall be substituted;(b) in sub-section (2a), the words, brackets, figure and letter "or sub-section (2a)" shall be omittedamendment of section 2554597 in section 255 of the income-tax act, in sub-section (3), for the words "fifteen lakh rupees", the words "fifty lakh rupees" shall be substituted with effect from the 1st day of june, 2016insertion of new section 270a98 after section 270 of the income-tax act [as it stood immediately before its omission by section 105 of the direct tax laws (amendment) act, 1987], the following section shall be inserted with effect from the 1st day of april, 2017, namely:—5'270a (1) the assessing officer or the commissioner (appeals) or the principal commissioner or commissioner may, during the course of any proceedings under this act, direct that any person who has under-reported his income shall be liable to pay a penalty in addition to tax, if any, on the under-reported incomepenalty for under-reporting and misreporting of income(2) a person shall be considered to have under-reported his income, if—10(a) the income assessed is greater than the income determined in the return processed under clause (a) of sub-section (1) of section 143;(b) the income assessed is greater than the maximum amount not chargeable to tax, where no return of income has been furnished;(c) the income reassessed is greater than the income assessed or reassessed immediately before such reassessment;15(d) the amount of deemed total income assessed or reassessed as per the provisions of section 115jb or section 115jc, as the case may be, is greater than the deemed total income determined in the return processed under clause (a) of sub-section (1) of section 143;20(e) the amount of deemed total income assessed as per the provisions of section 115jb or section 115jc is greater than the maximum amount not chargeable to tax, where no return of income has been filed;(f) the amount of deemed total income reassessed as per the provisions of section 115jb or section 115jc, as the case may be, is greater than the deemed total income assessed or reassessed immediately before such reassessment;25(g) the income assessed or reassessed has the effect of reducing the loss or converting such loss into income (3)the amount of under-reported income shall be,— (i) in a case where income has been assessed for the first time,—30(a) if return has been furnished, the difference between the amount of income assessed and the amount of income determined under clause (a) of sub-section (1) of section 143;(b) in a case where no return has been furnished,—(a) the amount of income assessed, in the case of a company, firm or local authority; and35(b) the difference between the amount of income assessed and the maximum amount not chargeable to tax, in a case not covered in item (a);40(ii) in any other case, the difference between the amount of income reassessed or recomputed and the amount of income assessed, reassessed or recomputed in a preceding order: provided that where under-reported income arises out of determination of deemed total income in accordance with the provisions of section 115jb or section 115jc, the amount of total under-reported income shall be determined in accordance with the following formula—45(a - b) + (c - d) where, a = the total income assessed as per the provisions other than the provisions contained in section 115jb or section 115jc (herein called general provisions);b = the total income that would have been chargeable had the total income assessed as per the general provisions been reduced by the amount of underreported income;510c = the total income assessed as per the provisions contained in section 115jbor section 115jc;d = the total income that would have been chargeable had the total income assessed as per the provisions contained in section 115jb or section 115jc been reduced by the amount of under-reported income: provided further that where the amount of under-reported income on any issue is considered both under the provisions contained in section 115jb or section 115jc and under general provisions, such amount shall not be reduced from total income assessed while determining the amount under item dexplanation—for the purposes of this section,—15 20 25(a) "preceding order" means an order immediately preceding the order during the course of which the penalty under sub-section (1) has been initiated;(b) in a case where an assessment or reassessment has the effect of reducing the loss declared in the return or converting that loss into income, the amount of under-reported income shall be the difference between the loss claimed and the income or loss, as the case may be, assessed or reassessed (4) subject to the provisions of sub-section (6), where the source of any receipt, deposit or investment in any assessment year is claimed to be an amount added to income or deducted while computing loss, as the case may be, in the assessment of such person in any year prior to the assessment year in which such receipt, deposit or investment appears (hereinafter referred to as "preceding year") and no penalty was levied for such preceding year, then, the under-reported income shall include such amount as is sufficient to cover such receipt, deposit or investment(5) the amount referred to in sub-section (4) shall be deemed to be amount of income under-reported for the preceding year in the following order—30(a) the preceding year immediately before the year in which the receipt, deposit or investment appears, being the first preceding year; and(b) where the amount added or deducted in the first preceding year is not sufficient to cover the receipt, deposit or investment, the year immediately preceding the first preceding year and so on (6) the under-reported income, for the purposes of this section, shall not include the following, namely:—35(a) the amount of income in respect of which the assessee offers anexplanation and the assessing officer or the commissioner (appeals) or the commissioner or the prinipal commissioner, as the case may be, is satisfied that the explanation is bona fide and the assessee has disclosed all the material facts to substantiate the explanation offered;40 45(b) the amount of under-reported income determined on the basis of anestimate, if the accounts are correct and complete to the satisfaction of the assessing officer or the commissioner (appeals) or the commissioner or the principal commissioner, as the case may be, but the method employed is such that the income cannot properly be deduced therefrom;(c) the amount of under-reported income determined on the basis of anestimate, if the assessee has, on his own, estimated a lower amount of addition or disallowance on the same issue, has included such amount in the computation of his income and has disclosed all the facts material to the addition or disallowance;50(d) the amount of under-reported income represented by any addition madein conformity with the arm's length price determined by the transfer pricing officer, where the assessee had maintained information and documents as prescribed under section 92d, declared the international transaction under chapter x, and, disclosed all the material facts relating to the transaction; and(e) the amount of undisclosed income referred to in section 271aab(7) the penalty referred to in sub-section (1) shall be a sum equal to fifty per cent of the amount of tax payable on under-reported income5(8) notwithstanding anything contained in sub-section (6) or sub-section (7), where under-reported income is in consequence of any misreporting thereof by any person, the penalty referred to in sub-section (1) shall be equal to two hundred per cent of the amount of tax payable on under-reported income1015(9) the cases of misreporting of income referred to in sub-section (8) shall be the following, namely:—(a) misrepresentation or suppression of facts; (b) failure to record investments in the books of account; (c) claim of expenditure not substantiated by any evidence; (d) recording of any false entry in the books of account; (e) failure to record any receipt in books of account having a bearing on total income; and(f) failure to report any international transaction or any transaction deemed to be an international transaction or any specified domestic transaction, to which the provisions of chapter x apply20 25(10) the tax payable in respect of the under-reported income shall be—(a) where no return of income has been furnished and the income has been assessed for the first time, the amount of tax calculated on the under-reported income as increased by the maximum amount not chargeable to tax as if it were the total income;(b) where the total income determined under clause (a) of sub-section (1)of section 143 or assessed, reassessed or recomputed in a preceding order is a loss, the amount of tax calculated on the under-reported income as if it were the total income;(c) in any other case, determined in accordance with the formula—30(x—y) where, x = the amount of tax calculated on the under-reported income as increased by the total income determined under clause (a) of sub-section (1) of section143 or total income assessed, reassessed or recomputed in a preceding order as if it were the total income; and35y = the amount of tax calculated on the total income determined under clause (a) of sub-section (1) of section 143 or total income assessed, reassessed or recomputed in a preceding order40(11) no addition or disallowance of an amount shall form the basis for imposition of penalty, if such addition or disallowance has formed the basis of imposition of penalty in the case of the person for the same or any other assessment year(12) the penalty referred to in sub-section (1) shall be imposed, by an order in writing, by the assessing officer, the commissioner (appeals), the commissioner or the principal commissioner, as the case may be'4599 after section 270a of the income-tax act as so inserted, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new section 270aa immunity from imposition of penalty, etc"270aa(1) an assessee may make an application to the assessing officer to grant immunity from imposition of penalty under section 270a and initiation of proceedings under section 276c or section 276cc, if he fulfils the following conditions, namely:—50(a) the tax and interest payable as per the order of assessment or reassessment under sub-section (3) of section 143 or section 147, as the case may be, has been paid within the period specified in such notice of demand; and(b) no appeal against the order referred to in clause (a) has been filed51015(2) an application referred to in sub-section (1) shall be made within one month from the end of the month in which the order referred to in clause (a) of sub-section (1) has been received and shall be made in such form and verified in such manner as may be prescribed(3) the assessing officer shall, subject to fulfilment of the conditions specified in sub-section (1) and after the expiry of the period of filing the appeal as specified in clause (b) of sub-section (2) of section 249, grant immunity from imposition of penalty under section 270a and initiation of proceedings under section 276c or section 276cc, where the proceedings for penalty under section 270a has not been initiated under the circumstances referred to in sub-section (9) of the said section 270a(4) the assessing officer shall, within a period of one month from the end of the month in which the application under sub-section (1) is received, pass an order accepting or rejecting such application:provided that no order rejecting the application shall be passed unless the assessee has been given an opportunity of being heard20amendment of section 27125(5) the order made under sub-section (4) shall be final (6) no appeal under section 246a or an application for revision under section264 shall be admissible against the order of assessment or reassessment, referred to in clause (a) of sub-section (1), in a case where an order under sub-section (4) has been made accepting the application" 100 in section 271 of the income-tax act, after sub-section (6), the following subsection shall be inserted with effect from the 1st day of april, 2017, namely:—"(7) the provisions of this section shall not apply to and in relation to any assessment for the assessment year commencing on or after the 1st day of april, 2017"amendment of section 271a101 in section 271a of the income-tax act, after the words "without prejudice to the provisions of", the words, figures and letter "section 270a or" shall be inserted with effect from the 1st day of april, 2017amendment of section 271aa30102 in the income-tax act, with effect from the 1st day of april, 2017, section 271aashall be renumbered as sub-section (1) thereof and,—(a) in sub-section (1) as so renumbered, after the words "without prejudice to the provisions of", the word, figures and letter "section 270a or" shall be inserted;(b) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—35"(2) if any person fails to furnish the information and the document as required under sub-section (4) of section 92d, the prescribed income-tax authority referred to in the said sub-section may direct that such person shall pay, by way of penalty, a sum of five hundred thousand rupees"40amendment of section 271aab45103 in section 271aab of the income-tax act, with effect from the 1st day of april,2017,—(a) in sub-section (1), in clause (c), for the words "which shall not be less than thirty per cent but which shall not exceed ninety per cent", the words "computed at the rate of sixty per cent" shall be substituted;(b) in sub-section (2), after the words "no penalty under the provisions of", the words, figures and letter "section 270a or" shall be inserted 104 after section 271ga of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017,—insertion of new section 271gb50penalty for failure to furnish report or for furnishing inaccurate report under section 286"271gb (1) if any reporting entity referred to in section 286, which is required to furnish the report referred to in sub-section (2) of the said section, in respect of a reporting accounting year, fails to do so, the authority prescribed under that section (herein referred to as prescribed authority) may direct that such entity shall pay, by way of penalty, a sum of,—(a) five thousand rupees for every day for which the failure continues, if the period of failure does not exceed one month; or(b) fifteen thousand rupees for every day for which the failure continues beyond the period of one month5(2) where any reporting entity referred to in section 286 fails to produce the information and documents within the period allowed under sub-section (6) of the said section, the prescribed authority may direct that such entity shall pay, by way of penalty, a sum of five thousand rupees for every day during which the failure continues, beginning from the day immediately following the day on which the period for furnishing the information and document expires1015(3) if the failure referred to in sub-section (1) or sub-section (2) continues after an order has been served on the entity, directing it to pay the penalty under sub-section (1) or, as the case may be, under sub-section (2), then, notwithstanding anything contained in sub-section (1) or sub-section (2), the prescribed authority may direct that such entity shall pay, by way of penalty, a sum of fifty thousand rupees for every day for which such failure continues beginning from the date of service of such order(4) where a reporting entity referred to in section 286 provides inaccurate information in the report furnished in accordance with sub-section (2) of the said section and where—20(a) the entity has knowledge of the inaccuracy at the time of furnishing the report but fails to inform the prescribed authority; or(b) the entity discovers the inaccuracy after the report is furnished and fails to inform the prescribed authority and furnish correct report within a period of fifteen days of such discovery; or25(c) the entity furnishes inaccurate information or document in response to the notice issued under sub-section (6) of section 286, then, the prescribed authority may direct that such person shall pay, by way of penalty, a sum of five lakh rupees"amendment of section 272a105 in section 272a of the income-tax act, with effect from the 1st day of april, 2017,—(i) in sub-section (1),—30(a) in clause (c), for the words "place or time,", the words "place or time;or" shall be substituted;(b) after clause (c) and before the long line , the following clause shall be inserted, namely:—35"(d) fails to comply with a notice under sub-section (1) of section142 or sub-section (2) of section 143 or fails to comply with a direction issued under sub-section (2a) of section 142,";(ii) in sub-section (3), after clause (a), the following clause shall be inserted, namely:—40"(aa) in a case falling under clause (d) of sub-section (1), by the income-tax authority who had issued the notice or direction referred to therein;"106 in section 273a of the income-tax act,—amendment of section 273a(i) with effect from the 1st day of april, 2017,—(a) in sub-section (1),—45(i) in clause (ii), after the words "or imposable on a person under", the words, figures and letter "section 270a or" shall be inserted;(ii) in the explanation, after the words "as not to attract the provisions of ", the words, figures and letter "section 270a or" shall be inserted;(b) in sub-section (2), in clause (b), after the words "if in a case falling under", the words, figures and letter "section 270a or" shall be inserted; (ii) after sub-section (4), the following sub-section shall be inserted with effect from the 1st day of june, 2016, namely:—5"(4a) the order under sub-section (4), either accepting or rejecting the application in full or in part, shall be passed within a period of twelve months from the end of the month in which the application under the said sub-section is received by the principal commissioner or the commissioner:provided that no order rejecting the application, either in full or in part, shall be passed unless the assessee has been given an opportunity of being heard:10provided further that where any application is pending as on the 1st day of june, 2016, the order shall be passed on or before the 31st day of may, 2017"amendment of section 273aa107 in section 273aa of the income-tax act, after sub-section (3), the following subsection shall be inserted with effect from the 1st day of june, 2016, namely:—15"(3a) the order under sub-section (3), either accepting or rejecting the application in full or in part, shall be passed within a period of twelve months from the end of the month in which the application under the said sub-section is received by the principal commissioner or the commissioner:provided that no order rejecting the application, either in full or in part, shall be passed unless the assessee has been given an opportunity of being heard:20provided further that where any application is pending as on the 1st day of june,2016, the order shall be passed on or before the 31st day of may, 2017"amendment of section 273b108 in section 273b of the income-tax act, after the word, figures and letters "section271ga,", the word, figures and letters "section 271gb," shall be inserted with effect from the 1st day of april, 201725amendment of section 276c109 in section 276c of the income-tax act, with effect from the 1st day of april, 2017, in sub-section (1),—(a) in the opening portion, for the word ''impossible'', the words ''imposable, or under reports his income,'' shall be substituted;30(b) in clause (i), after the words ''amount sought to be evaded'', the words ''or taxon under-reported income'' shall be substitutedamendment of section 279110 in section 279 of the income-tax act, in sub-section (1a), after the words "or imposable on him under", the words, figures and letter "section 270a or" shall be inserted with effect from the 1st day of april, 2017111 in section 281b of the income-tax act, with effect from the 1st day of june, 2016,—35amendment of section 281b(a) in sub-section (1), the explanation shall be omitted;(b) after sub-section (2), the following sub-sections shall be inserted, namely:—40'(3) where the assessee furnishes a guarantee from a scheduled bank for anamount not less than the fair market value of the property provisionally attached under sub-section (1), the assessing officer shall, by an order in writing, revoke such attachment:provided that where the assessing officer is satisfied that a guarantee from a scheduled bank for an amount lower than the fair market value of the property is sufficient to protect the interests of the revenue, he may accept such guarantee and revoke the attachment4550(4) the assessing officer may, for the purposes of determining the valueof the property provisionally attached under sub-section (1), make a referenceto the valuation officer referred to in section 142a, who shall estimate the fair market value of the property in the manner provided under that section and submit a report of the estimate to the assessing officer within a period of thirty days from the date of receipt of such reference(5) an order revoking the provisional attachment under sub-section (3)shall be made—(i) within forty-five days from the date of receipt of the guarantee, where a reference to the valuation officer has been made under sub-section (4); or5(ii) within fifteen days from the date of receipt of guarantee in any other case (6) where a notice of demand specifying a sum payable is served upon the assessee and the assessee fails to pay that sum within the time specified in the notice of demand, the assessing officer may invoke the guarantee furnished under sub-section (3), wholly or in part, to recover the amount10(7) the assessing officer shall, in the interests of the revenue, invoke the bank guarantee, if the assessee fails to renew the guarantee referred to in subsection (3), or fails to furnish a new guarantee from a scheduled bank for an equal amount, fifteen days before the expiry of the guarantee referred to in subsection (3)15202 of 1934(8) the amount realised by invoking the guarantee referred to in subsection (3) shall be adjusted against the existing demand which is payable by the assessee and the balance amount, if any, shall be deposited in the personal deposit account of the principal commissioner or commissioner in the branch of the reserve bank of india or the state bank of india or of its subsidiaries or any bank as may be appointed by the reserve bank of india as its agent under the provisions of sub-section (1) of section 45 of the reserve bank of india act,1934 at the place where the office of the principal commissioner or commissioner is situate25(9) where the assessing officer is satisfied that the guarantee referred to in sub-section (3) is not required any more to protect the interests of the revenue, he shall release that guarantee forthwithexplanation—for the purposes of this section, the expression "scheduled bank" shall mean a bank included in the second schedule to the reserve bank of india act, 1934'2 of 193430amendment of section 282a112 in section 282a of the income-tax act, in sub-section (1), for the words "signed in manuscript by that authority", the words "signed and issued in paper form or communicated in electronic form by that authority in accordance with such procedure as may be prescribed" shall be substituted with effect from the 1st day of june, 201635113 after section 285ba of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—'286(1) every constituent entity resident in india, shall, if it is constituent of an international group, the parent entity of which is not resident in india, notify the prescribed income-tax authority (herein referred to as prescribed authority) in the form and manner, on or before such date, as may be prescribed,—40international group(a) whether it is the alternate reporting entity of the international group; or (b) the details of the parent entity or the alternate reporting entity, if any, of the international group, and the country or territory of which the said entities are resident45(2) every parent entity or the alternate reporting entity, resident in india, shall, for every reporting accounting year, in respect of the international group of which it is a constituent, furnish a report, to the prescribed authority on or before the due date specified under sub-section (1) of section 139, for furnishing the return of income for the relevant accounting year, in the form and manner as may be prescribed(3) for the purposes of sub-section (2), the report in respect of an international group shall include,—5(a) the aggregate information in respect of the amount of revenue, profitor loss before income-tax, amount of income-tax paid, amount of income-tax accrued, stated capital, accumulated earnings, number of employees and tangible assets not being cash or cash equivalents, with regard to each country or territory in which the group operates;10(b) the details of each constituent entity of the group including the countryor territory in which such constituent entity is incorporated or organised or established and the country or territory where it is resident;(c) the nature and details of the main business activity or activities of eachconstituent entity; and(d) any other information as may be prescribed15(4) a constituent entity of an international group, resident in india, other than the entity referred to in sub-section (2), shall furnish the report referred to in the said sub-section, in respect of the international group for a reporting accounting year, if the parent entity is resident of a country or territory,—(a) with which india does not have an agreement providing for exchangeof the report of the nature referred to in sub-section (2); or20(b) there has been a systemic failure of the country or territory and thesaid failure has been intimated by the prescribed authority to such constituent entity:provided that where there are more than one such constituent entities of the group, resident in india, the report shall be furnished by any one constituent entity, if,—25(a) the international group has designated such entity to furnish the reportin accordance with the provisions of sub-section (2) on behalf of all the constituent entities resident in india; and(b) the information has been conveyed in writing on behalf of the group tothe prescribed authority30(5) nothing contained in sub-section (4) shall apply, if, an alternate reporting entity of the international group has furnished a report of the nature referred to in subsection (2), with the tax authority of the country or territory in which such entity is resident, on or before the date specified in the said sub-section and the following conditions are satisfied, namely:—35(a) the report is required to be furnished under the law for the time beingin force in the said country or territory;(b) the said country or territory has entered into an agreement with indiaproviding for exchange of the said report;40(c) the prescribed authority has not conveyed any systemic failure in respectof the said country or territory to any constituent entity of the group that is resident in india;(d) the said country or territory has been informed in writing by theconstituent entity that it is the alternate reporting entity on behalf of the international group; and(e) the prescribed authority has been informed by the entities referred to in sub-section (4) in accordance with sub-section (1)5(6) the prescribed authority may, for the purposes of determining the accuracy of the report furnished by any reporting entity, by issue of a notice in writing, require the entity to produce such information and document as may be specified in the notice within thirty days of the date of receipt of the notice:provided that the prescribed authority may, on an application made by such entity, extend the period of thirty days by a further period not exceeding thirty days10(7) the provisions of this section shall not apply in respect of an international group for an accounting year, if the total consolidated group revenue, as reflected in the consolidated financial statement for the accounting year preceding such accounting year does not exceed the amount, as may be prescribed(8) the provisions of this section shall be applied in accordance with such guidelines and subject to such conditions, as may be prescribed(9) for the purposes of this section,—15(a) "accounting year" means,—(i) a previous year, in a case where the parent entity or alternate reporting entity is resident in india; or20(ii) an annual accounting period, with respect to which the parent entity of the international group prepares its financial statements under any law for the time being in force or the applicable accounting standards of the country or territory of which such entity is resident, in any other case;25(b) "agreement" means an agreement referred to in sub-section (1) of section 90 or sub-section (1) of section 90a or any agreement as may be notified by the central government in this behalf;30(c) "alternate reporting entity" means any constituent entity of the international group that has been designated by such group, in the place of the parent entity, to furnish the report of the nature referred to in sub-section (2) in the country or territory in which the said constituent entity is resident on behalf of such group;(d) "constituent entity" means,—35(i) any separate entity of an international group that is included in the consolidated financial statement of the said group for financial reporting purposes, or may be so included for the said purpose, if the equity share of any entity of the international group were to be listed on a stock exchange;(ii) any such entity that is excluded from the consolidated financial statement of the international group solely on the basis of size or materiality; or(iii) any permanent establishment of any separate business entity of the international group included in clause (i) or clause (ii), if such business unit prepares a separate financial statement for such permanent establishment for financial reporting, regulatory, tax reporting or internal management control purposes;(e) "group" includes a parent entity and all the entities in respect of which, for the reason of ownership or control, a consolidated financial statement for financial reporting purposes,—5(i) is required to be prepared under any law for the time being inforce or the accounting standards of the country or territory of which the parent entity is resident; or(ii) would have been required to be prepared had the equity sharesof any of the enterprises were listed on a stock exchange in the country or territory of which the parent entity is resident;10(f) "consolidated financial statement" means the financial statement of aninternational group in which the assets, liabilities, income, expenses and cash flows of the parent entity and the constituent entities are presented as those of a single economic entity;(g) "international group" means any group that includes,—15(i) two or more enterprises which are resident of different countriesor territories; or(ii) an enterprise, being a resident of one country or territory, whichcarries on any business through a permanent establishment in other countries or territories;20(h) "parent entity" means a constituent entity, of an international groupholding, directly or indirectly, an interest in one or more of the other constituent entities of the international group, such that,—(i) it is required to prepare a consolidated financial statement underany law for the time being in force or the accounting standards of the country or territory of which the entity is resident; or25(ii) it would have been required to prepare a consolidated financialstatement had the equity shares of any of the enterprises were listed on a stock exchange,30and, there is no other constituent entity of such group which, due to ownership of any interest, directly or indirectly, in the first mentioned constituent entity, is required to prepare a consolidated financial statement, under the circumstances referred to in clause (i) or clause (ii), that includes the separate financial statement of the first mentioned constituent entity;35(i) "permanent establishment" shall have the meaning assigned to it inclause (iiia) of section 92f;(j) "reporting accounting year" means the accounting year in respect ofwhich the financial and operational results are required to be reflected in the report referred to in sub-section (2);40(k) "reporting entity" means the constituent entity including the parententity or the alternate reporting entity, that is required to furnish a report of the nature referred to in sub-section (2);(l) "systemic failure" with respect to a country or territory means that the country or territory has an agreement with india providing for exchange of report of the nature referred to in sub-section (2), but—45(i) in violation of the said agreement, it has suspended automatic exchange;or(ii) has persistently failed to automatically provide to india the report in its possession in respect of any international group having a constituent entity resident in india'amendment of section 2885114 in section 288 of the income-tax act, in sub-section (4), in clause (b), after the word and figure "section 271", the words, brackets, letters and figures "clause (d) of subsection (1) of section 272a or" shall be inserted with effect from the 1st day of april, 2017115 in the fourth schedule to the income-tax act, in part a, with effect from the1st day of april, 2017 in rule 8,—amendment of fourth schedule10(i) in clause (iii), for the words "such other employer" occurring at the end, the words "such other employer; or" shall be substituted;(ii) after clause (iii) and before the explanation, the following clause shall be inserted, namely:—15"(iv) if the entire balance standing to the credit of the employee is transferred to his account under a pension scheme referred to in section 80ccd and notified by the central government" chapter iv indirect taxes customs52 of 196220amendment of section 2116 in the customs act, 1962 (hereinafter referred to as the customs act), in section 2,––(i) for clause (43), the following clause shall be substituted, namely:––'(43) "warehouse" means a public warehouse licensed under section 57 or a private warehouse licensed under section 58 or a special warehouse licensed under section 58a;';25(ii) clause (45) shall be omitted117 in the customs act, in chapter iii, for the chapter heading, the following chapter heading shall be substituted, namely:––amendment of chapter heading of chapter iii"appointment of customs ports, airports, etc"118 in the customs act, section 9 shall be omitted30omission of section 9119 in the customs act, in section 25,––amendment of section 25(i) for sub-section (4), the following sub-section shall be substituted, namely:—"(4) every notification issued under sub-section (1) or sub-section (2a) shall, unless otherwise provided, come into force on the date of its issue by the central government for publication in the official gazette";35(ii) sub-section (5) shall be omitted120 in the customs act, in section 28,––amendment of section 28(a) in the marginal heading, for the words "duties not levied or short-levied", the words "duties not levied or not paid or short-levied or short-paid" shall be substituted;(b) in sub-section (1),––(i) in the opening paragraph, for the words "duty has not been levied or has been short-levied", the words "duty has not been levied or not paid or has been short-levied or short- paid" shall be substituted;(ii) in clause (a),––5(a) for the words "one year", the words "two years" shall be substituted;(b) after the words "so levied", the words "or paid" shall be inserted;(c) in sub-section (3), for the words "one year", the words "two years" shall be substituted;10(d) in sub-section (4),––(i) in the opening paragraph, for the words "levied or has been shortlevied", the words "levied or not paid or has been short-levied or short-paid" shall be substituted;15(ii) in the long line, for the words "so levied", the words "so levied or not paid" shall be substituted; (e) in sub-section (5), for the words "duty has not been levied or has been shortlevied", the words "duty has not been levied or not paid or has been short-levied or short-paid" shall be substituted;20(f) in sub-section (6), in item (ii), for the words "one year", the words "two years" shall be substituted;(g) in sub-section (7), for the words "one year", the words "two years" shall be substituted;(h) in explanation 1, in clause (a), for the words "not levied", the words "not levied or not paid or short-levied or short-paid" shall be substituted25121 in the customs act, in section 47,––amendment of section 47(a) in sub-section (1), the following proviso shall be inserted, namely:––"provided that the central government may, by notification in the official gazette, permit certain class of importers to make deferred payment of said duty or any charges in such manner as may be provided by rules";30(b) in sub-section (2), for the portion beginning with the words "where the importer" and ending with the words "payment of the said duty", the following shall be substituted, namely:––35 "where the importer fails to pay the import duty, either in full or in part, within two days (excluding holidays)––(a) from the date on which the bill of entry is returned to him for payment of duty; or(b) in the case of deferred payment under the proviso to sub-section (1), from such due date as may be specified by rules made in this behalf,40he shall pay interest on the duty not paid or short-paid till the date of its payment, at such rate, not below ten per cent and not exceeding thirty-six per cent per annum, as may be fixed by the central government, by notification in the official gazette"amendment of section 51122 in the customs act, section 51 shall be renumbered as sub-section (1) thereof, and—(a) in sub-section (1) as so renumbered, the following proviso shall be inserted, namely:––"provided that the central government may, by notification in the official gazette, permit certain class of exporters to make deferred payment of said duty or any charges in such manner as may be provided by rules";5 (b) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—10"(2) where the exporter fails to pay the export duty, either in full or in part, under the proviso to sub-section (1) by such due date as may be specified by rules, he shall pay interest on said duty not paid or short-paid till the date of its payment at such rate, not below five per cent and not exceeding thirty-six per cent per annum, as may be fixed by the central government, by notification in the official gazette"123 in the customs act, for section 53, the following section shall be substituted, namely:––15substitution of new section for section 53 transit of certain goods without payment of duty"53 subject to the provisions of section 11, where any goods imported in a conveyance and mentioned in the import manifest or the import report, as the case may be, as for transit in the same conveyance to any place outside india or to any customs station, the proper officer may allow the goods and the conveyance to transit without payment of duty, subject to such conditions, as may be prescribed"20124 in the customs act, for section 57, the following section shall be substituted, namely:––substitution of new section for section 57licensing of public warehouses"57 the principal commissioner of customs or commissioner of customs may, subject to such conditions as may be prescribed, license a public warehouse wherein dutiable goods may be deposited"25125 in the customs act, for section 58, the following sections shall be substituted, namely:––substitution of new sections 58, 58a and 58b for section 58licensing of private warehouses "58 the principal commissioner of customs or commissioner of customs may, subject to such conditions as may be prescribed, license a private warehouse wherein dutiable goods imported by or on behalf of the licensee may be deposited30licensing of special warehouses58a (1) the principal commissioner of customs or commissioner of customsmay, subject to such conditions as may be prescribed, license a special warehouse wherein dutiable goods may be deposited and such warehouse shall be caused to be locked by the proper officer and no person shall enter the warehouse or remove any goods therefrom without the permission of the proper officer35(2) the board may, by notification in the official gazette, specify the class of goodswhich shall be deposited in the special warehouse licensed under sub-section (1)cancellation of licence4058b (1) where a licensee contravenes any of the provisions of this act or therules or regulations made thereunder or breaches any of the conditions of the licence, the principal commissioner of customs or commissioner of customs may cancel the licence granted under section 57 or section 58 or section 58a:provided that before any licence is cancelled, the licensee shall be given areasonable opportunity of being heard(2) the principal commissioner of customs or commissioner of customs may, without prejudice to any other action that may be taken against the licensee and the goods under this act or any other law for the time being in force, suspend operation of the warehouse during the pendency of an enquiry under sub-section (1)5(3) where the operation of a warehouse is suspended under sub-section (2), nogoods shall be deposited in such warehouse during the period of suspension:provided that the provisions of this chapter shall continue to apply to the goods already deposited in the warehouse10(4) where the licence issued under section 57 or section 58 or section 58a is cancelled, the goods warehoused shall, within seven days from the date on which order of such cancellation is served on the licensee or within such extended period as the proper officer may allow, be removed from such warehouse to another warehouse or be cleared for home consumption or export:15provided that the provisions of this chapter shall continue to apply to the goods already deposited in the warehouse till they are removed to another warehouse or cleared for home consumption or for export, during such period" 126 in the customs act, for section 59, the following section shall be substituted, namely:––substitution of new section for section 59warehousing bond20"59 (1) the importer of any goods in respect of which a bill of entry for warehousing has been presented under section 46 and assessed to duty under section 17 or section 18 shall execute a bond in a sum equal to thrice the amount of the duty assessed on such goods, binding himself––(a) to comply with all the provisions of the act and the rules and regulationsmade thereunder in respect of such goods;25(b) to pay, on or before the date specified in the notice of demand, allduties and interest payable under sub-section (2) of section 61; and(c) to pay all penalties and fines incurred for the contravention of theprovisions of this act or the rules or regulations, in respect of such goods30(2) for the purposes of sub-section (1), the assistant commissioner of customs or deputy commissioner of customs may permit an importer to execute a general bond in such amount as the assistant commissioner of customs or deputy commissioner of customs may approve in respect of the warehousing of goods to be imported by him within a specified period(3) the importer shall, in addition to the execution of a bond under sub-section (1)or sub-section (2), furnish such security as may be prescribed35(4) any bond executed under this section by an importer in respect of any goods shall continue to be in force notwithstanding the transfer of the goods to another warehouse40(5) where the whole of the goods or any part thereof are transferred to another person, the transferee shall execute a bond in the manner specified in sub-section (1)or sub-section (2) and furnish security as specified under sub-section (3)" 127 in the customs act, for section 60, the following section shall be substituted, namely:––substitution of new section for section 6045"60 (1) when the provisions of section 59 have been complied with in respect of any goods, the proper officer may make an order permitting removal of the goods from a customs station for the purpose of deposit in a warehousepermission for removal of goods for deposit in warehouse(2) where an order is made under sub-section (1), the goods shall be deposited in a warehouse in such manner as may be prescribed" 128 in the customs act, for section 61, the following section shall be substituted, namely:—substitution of new section for section 615'61(1) any warehoused goods may remain in the warehouse in which they are deposited or in any warehouse to which they may be removed,––period for which goods may remain warehoused10(a) in the case of capital goods intended for use in any hundred per centexport oriented undertaking or electronic hardware technology park unit or software technology park unit or any warehouse wherein manufacture or other operations have been permitted under section 65, till their clearance from the warehouse;15(b) in the case of goods other than capital goods intended for use in any hundred per cent export oriented undertaking or electronic hardware technology park unit or software technology park unit or any warehouse wherein manufacture or other operations have been permitted under section 65, till their consumption or clearance from the warehouse; and(c) in the case of any other goods, till the expiry of one year from the date on which the proper officer has made an order under sub-section (1) of section 60:20provided that in the case of any goods referred to in this clause, the principal commissioner of customs or commissioner of customs may, on sufficient cause being shown, extend the period for which the goods may remain in the warehouse, by not more than one year at a time:25provided further that where such goods are likely to deteriorate, the period referred to in the first proviso may be reduced by the principal commissioner of customs or commissioner of customs to such shorter period as he may deem fit30(2) where any warehoused goods specified in clause (c) of sub-section (1) remain in a warehouse beyond a period of ninety days from the date on which the proper officer has made an order under sub-section (1) of section 60, interest shall be payable at such rate as may be fixed by the central government under section 47, on the amount of duty payable at the time of clearance of the goods, for the period from the expiry of the said ninety days till the date of payment of duty on the warehoused goods:provided that if the board considers it necessary so to do, in the public interest, it may,––35(a) by order, and under the circumstances of an exceptional nature, to be specified in such order, waive the whole or any part of the interest payable under this section in respect of any warehoused goods;(b) by notification in the official gazette, specify the class of goods inrespect of which no interest shall be charged under this section;40(c) by notification in the official gazette, specify the class of goods in respect of which the interest shall be chargeable from the date on which the proper officer has made an order under sub-section (1) of section 60explanation–– for the purposes of this section,––45(i) "electronic hardware technology park unit" means a unit established under the electronic hardware technology park scheme notified by the government of india;(ii) ''hundred per cent export oriented undertaking" has the same meaning as in clause (ii) of explanation 2 to sub-section (1) of section 3 of the central excise act, 1944; and1 of 1944(iii) "software technology park unit" means a unit established under the software technology park scheme notified by the government of india'5129 in the customs act, sections 62 and 63 shall be omittedomission of sections 62 and 63130 in the customs act, for section 64, the following section shall be substituted, namely:––substitution of new section for section 64"64 the owner of any warehoused goods may, after warehousing the same,–– owner's right to deal with warehoused goods (a) inspect the goods;10(b) deal with their containers in such manner as may be necessary to preventloss or deterioration or damage to the goods;(c) sort the goods; or (d) show the goods for sale"15amendment of section 65131 in the customs act, in section 65, in sub-section (1), for the words "with the sanction of the assistant commissioner of customs or deputy commissioner of customs and subject to such conditions and on payment of such fees", the words "with the permission of the principal commissioner of customs or commissioner of customs and subject to such conditions" shall be substituted| 132 ||--------------|| 20 || amendment of || section 68 |(i) in the opening paragraph, for the words "the importer of any warehoused goods may clear them", the words "any warehoused goods may be cleared from the warehouse" shall be substituted;(ii) for clause (b), the following clause shall be substituted, namely:––25"(b) the import duty, interest, fine and penalties payable in respect of suchgoods have been paid; and"; (iii) in the first proviso, the words "rent, interest, other charges and" shall beomitted133 in the customs act, in section 69,––amendment of section 6930(i) in the marginal heading, for the word "exportation", the word "export" shall be substituted;(ii) in sub-section (1),––(a) for clause (b), the following clause shall be substituted, namely:––"(b) the export duty, fine and penalties payable in respect of such goods have been paid; and";35(b) in clause (c), for the word "exportation", the word "export" shall be substitutedamendment of section 71134 in the customs act, in section 71, for the word "re-exportation", the word "export"shall be substituted135 in the customs act, in section 72,––40amendment of section 72(a) in sub-section (1),—(i) clause (c) shall be omitted;(ii) in clause (d), for the word "exportation", the words "export or" shall be substituted;(iii) in the long line, for the words "all penalties, rent, interest and other charges", the words "interest, fine and penalties" shall be substituted;5(b) in sub-section (2), for the word "select", the words "deem fit" shall be substitutedamendment of section 73136 in the customs act, in section 73, after the words "exported or", the words"transferred or" shall be inserted137 in the customs act, after section 73, the following section shall be inserted, namely:––10insertion of new section 73acustody and removal of warehoused goods"73a (1) all warehoused goods shall remain in the custody of the person who has been granted a licence under section 57 or section 58 or section 58a until they are cleared for home consumption or are transferred to another warehouse or are exported or removed as otherwise provided under this act15(2) the responsibilities of the person referred to in sub-section (1) who has custody of the warehoused goods shall be such as may be prescribed(3) where any warehoused goods are removed in contravention of section 71, the licensee shall be liable to pay duty, interest, fine and penalties without prejudice to any other action that may be taken against him under this act or any other law for the time being in force"20amendment of section 156138 in the customs act, in section 156, in sub-section (2), after clause (b), the following clause shall be inserted, namely:––"(c) the due date and the manner of making deferred payment of duties, taxes, cesses or any other charges under sections 47 and 51"25amendment of notifications issued under section 25 of act 52 of 1962303540139 (1) the notifications of the government of india in the ministry of finance(department of revenue) number gsr 367 (e), dated the 27th april, 2000, gsr 292(e), dated the 19th april, 2002, gsr 281(e), dated the 1st april, 2003, gsr 604 (e), dated the 10th september, 2004, gsr 606(e), dated the 10th september, 2004 and gsr 260(e), dated the 1st may, 2006 issued under sub-section (1) of section 25 of the customs act, 1962by the central government shall stand amended and shall be deemed to have been amended in the manner as specified against each of them in column (3) of the second schedule, on and from the corresponding date mentioned in column (4) of that schedule, retrospectively, and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any action taken or anything done or purported to have been taken or done under the said notifications, shall be deemed to be, and always to have been, for all purposes, as validly and effectively taken or done as if the notifications as amended by this sub-section had been in force at all material times(2) for the purposes of sub-section (1), the central government shall have and shall be deemed to have the power to amend the notifications referred to in the said sub-section with retrospective effect as if the central government had the power to amend the said notifications under sub-section (1) of section 25 of the customs act, 1962 retrospectively, at all material times(3) the refund shall be made of all such safeguard duty which has been collected, but would not have been so collected, had the amendments made in sub-section (1) been in force at all material times and such refund shall be subject to the provisions of section 27 of the customs act, 1962(4) notwithstanding anything contained in section 27 of the customs act, 1962, an application for the claim of refund of safeguard duty under sub-section (3) shall be made within a period of one year from the date on which the finance bill, 2016 receives the assent of the president customs tariff51 of 1975omission of section 8c140 in the customs tariff act, 1975 (hereinafter referred to as the customs tariffact), section 8c shall be omitted141 in the customs tariff act, the first schedule shall,––amendment of first schedule(i) be amended in the manner specified in the third schedule;5(ii) be also amended in the manner specified in the fourth schedule with effectfrom the 1st day of january, 2017 excise1 of 1944amendment of section 5a142 in the central excise act, 1944 (hereinafter referred to as the central excise act), insection 5a,––10(i) for sub-section (5), the following sub-section shall be substituted, namely:—"(5) every notification issued under sub-section (1) or sub-section (2a) shall, unless otherwise provided, come into force on the date of its issue by the central government for publication in the official gazette"; (ii) sub-section (6) shall be omitted15amendment of section 11a143 in the central excise act, in section 11a, for the words "one year", whereverthey occur, the words "two years" shall be substitutedamendment of section 37b144 in the central excise act, in section 37b, for the words "such goods", the words"such goods or for the implementation of any other provision of this act" shall be substituted145 in the central excise act, the third schedule shall be amended––amendment of third schedule(i) in the manner specified in the fifth schedule;20(ii) in the manner specified in the sixth schedule, with effect from the 1st day ofjanuary, 2017 excise tariff5 of 1986amendment of first schedule146 in the central excise tariff act, 1985 (hereinafter referred to as the centralexcise tariff act), the first schedule shall be amended––25(i) in the manner specified in the seventh schedule; (ii) in the manner specified in the eighth schedule, with effect from the 1st dayof january, 2017 147 in the central excise tariff act, the second schedule shall be amended in themanner specified in the ninth schedule, with effect from the 1st day of january, 201730amendment of second schedule chapter v service tax32 of 1994amendment of section 65b148 in the finance act, 1994 (hereinafter referred to as the 1994 act), in section65b,—(a) clause (11) shall be omitted;35(b) in clause (44), in explanation 2, in sub-clause (ii), for item (a), the following item shall be substituted, namely:––4017 of 1998"(a) by a lottery distributor or selling agent on behalf of the state government, in relation to promotion, marketing, organising, selling of lottery or facilitating in organising lottery of any kind, in any other manner, in accordance with the provisions of the lotteries (regulation) act, 1998;"149 in the 1994 act, in section 66d,—amendment of section 66d(a) clause (l) shall be omitted; (b) with effect from the 1st day of june, 2016—(i) in clause (o), sub-clause (i) shall be omitted;(ii) in clause (p), sub-clause (ii) shall be omitted5150 in the 1994 act, in section 66e, after clause (i), the following clause shall be inserted, namely:—amendment of section 66e"(j) assignment by the government of the right to use the radio-frequency spectrum and subsequent transfers thereof"10amendment of section 67a151in the 1994 act, in section 67a, the existing section shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:––"(2) the time or the point in time with respect to the rate of service tax shall be such as may be prescribed"15152 in the 1994 act, in section 73,––amendment of section 73(i) in sub-sections (1), (1a), (2a) and (3), for the words "eighteen months", wherever they occur, the words "thirty months" shall be substituted;20amendment of section 75(ii) in sub-section (4b), in clause (a), for the words "whose limitation is specified as eighteen months in", the words "falling under" shall be substituted 153 in the 1994 act, in section 75, for the words ''provided that'', the following shall be substituted, namely:—''provided that in the case of a person who collects any amount as service tax but fails to pay the amount so collected to the credit of the central government, on or before the date on which such payment is due, the central government may, by notification in the official gazette, specify such other rate of interest, as it may deem necessary:25amendment of section 78a3035amendment of section 89provided further that''154 in the 1994 act, in section 78a, the following explanation shall be inserted, namely:––"explanation–– for the removal of doubts, it is hereby clarified that where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, and the proceedings with respect to a notice issued under sub-section (1) of section 73 or the proviso to sub-section (1) of section 73 is concluded in accordance with the provisions of clause (i) of the first proviso to section 76 or clause (i) of the second proviso to section 78, as the case may be, the proceedings pending against any person under this section shall also be deemed to have been concluded" 155 in the 1994 act, in section 89, in sub-section (1), for the words "fifty lakh rupees", at both the places where they occur, the words "two hundred lakh rupees" shall be substituted156 in the 1994 act, in section 90, sub-section (2) shall be omittedamendment of section 90 amendment of section 9140amendment of section 93a157 in the 1994 act, in section 91,––(a) in sub-section (1), the words, brackets and letter "clause (i) or" shall be omitted;(b) sub-section (3) shall be omitted158 in the 1994 act, in section 93a, for the word "prescribed", the words "prescribed or specified by notification in the official gazette" shall be substituted45159 in the 1994 act, after section 100, the following sections shall be inserted, namely:—insertion of new sections 101, 102 and 103"101 (1) notwithstanding anything contained in section 66b, no service tax shall be levied or collected during the period commencing from the 1st day of july, 2012 and ending with the 29th day of january, 2014 (both days inclusive) in respect of taxable services provided to an authority or a board or any other body––special provision for exemption in certain cases relating to construction of canal, dam, etc(i) set up by an act of parliament or a state legislature; or510 15(ii) established by the government, with ninety per cent or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243w of the constitution, by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation or alteration of canal, dam or other irrigation works(2) refund shall be made of all such service tax which has been collected but which would not have been so collected had sub-section (1) been in force at all material times(3) notwithstanding anything contained in this chapter, an application for the claim of refund of service tax shall be made within a period of six months from the date on which the finance bill, 2016 receives the assent of the president20102 (1) notwithstanding anything contained in section 66b, no service tax shall be levied or collected during the period commencing from the 1st day of april, 2015 and ending with the 29th day of february, 2016 (both days inclusive), in respect of taxable services provided to the government, a local authority or a governmental authority, by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation or alteration of––special provision for exemption in certain cases relating to construction of government buildings(a) a civil structure or any other original works meant predominantly for use other than for commerce, industry or any other business or profession;25(b) a structure meant predominantly for use as––(i) an educational establishment; (ii) a clinical establishment; or (iii) an art or cultural establishment;30(c) a residential complex predominantly meant for self-use or for the use of their employees or other persons specified in explanation 1 to clause (44) of section 65b of the said act, under a contract entered into before the 1st day of march, 2015 and on which appropriate stamp duty, where applicable, had been paid before that date35(2) refund shall be made of all such service tax which has been collectedbut which would not have been so collected had sub-section (1) been in force at all the material times(3) notwithstanding anything contained in this chapter, an applicationfor the claim of refund of service tax shall be made within a period of six months from the date on which the finance bill, 2016 receives the assent of the president40special provision for exemption in certain cases relating to construction of airport or port45103 (1) notwithstanding anything contained in section 66b, no service tax shallbe levied or collected during the period commencing from the 1st day of april, 2015 and ending with the 29th day of february, 2016 (both days inclusive), in respect of services provided by way of construction, erection, commissioning or installation of original works pertaining to an airport or port, under a contract which had been entered into before the 1st day of march, 2015 and on which appropriate stamp duty, where applicable, had been paid before that date, subject to the condition that ministry of civil aviation or, as the case may be, the ministry of shipping in the government of india certifies that the contract had been entered into before the 1st day of march, 2015(2) refund shall be made of all such service tax which has been collected but which would not have been so collected had sub-section (1) been in force at all material times5(3) notwithstanding anything contained in this chapter, an application for the claim of refund of service tax shall be made within a period of six months from the date on which the finance bill, 2016 receives the assent of the president"32 of 199410amendment of notification issued under section 93a of finance act, 199415160 (1) the notification of the government of india in the ministry of finance(department of revenue) number gsr 519(e), dated the 29th june, 2012 issued under section 93a of the finance act, 1994 granting rebate of service tax paid on the taxable services which are received by an exporter of goods and used for export of goods, shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (2) of the tenth schedule, on and from and up to the corresponding dates specified in column (3) of the schedule, and accordingly, any action taken or anything done or purported to have taken or done under the said notification as so amended, shall be deemed to be, and always to have been, for all purposes, as validly and effectively taken or done as if the said notification as amended by this sub-section had been in force at all material times(2) rebate of all such service tax shall be granted which has been denied, but which would not have been so denied had the amendment made by sub-section (1) been in force at all material times32 of 199420(3) notwithstanding anything contained in the finance act, 1994, an application for the claim of rebate of service tax under sub-section (2) shall be made within the period of one month from the date of commencement of the finance act, 2016 chapter vi krishi kalyan cess25161 (1) this chapter shall come into force on the 1st day of june, 2016krishi kalyan cess(2) there shall be levied and collected in accordance with the provisions of this chapter, a cess to be called the krishi kalyan cess, as service tax on all or any of the taxable services at the rate of 05 per cent on the value of such services for the purposes of financing and promoting initiatives to improve agriculture or for any other purpose relating thereto3032 of 1994(3) the krishi kalyan cess leviable under sub-section (2) shall be in addition to anycess or service tax leviable on such taxable services under chapter v of the finance act,1994, or under any other law for the time being in force35(4) the proceeds of the krishi kalyan cess levied under sub-section (2) shall first becredited to the consolidated fund of india and the central government may, after due appropriation made by parliament by law in this behalf, utilise such sums of money of the krishi kalyan cess for such purposes specified in sub-section (2), as it may consider necessary32 of 199440(5) the provisions of chapter v of the finance act, 1994 and the rules made thereunder,including those relating to refunds and exemptions from tax, interest and imposition of penalty shall, as far as may be, apply in relation to the levy and collection of the krishi kalyan cesson taxable services, as they apply in relation to the levy and collection of tax on such taxable services under the said chapter or the rules made thereunder, as the case may be chapter vii infrastructure cessinfrastructure cess45162 (1) in the case of goods specified in the eleventh schedule, being goodsmanufactured or produced, there shall be levied and collected for the purposes of the union, a duty of excise, to be called the infrastructure cess, at the rates specified in the said schedule for the purposes of financing infrastructure projects1 of 1944(2) the cess leviable under sub-section (1), chargeable on the goods specified in the eleventh schedule shall be in addition to any other duties of excise chargeable on such goods under the central excise act, 1944 or any other law for the time being in force1 of 19445(3) the provisions of the central excise act, 1944 and the rules made thereunder,including those relating to assessment, non-levy, short-levy, refunds, interest, appeals, offences and penalties, shall, as far as may be, apply in relation to the levy and collection of the cess leviable under sub-section (1) in respect of the goods specified in the eleventh schedule asthey apply in relation to the levy and collection of the duties of excise on such goods under the said act or the rules, as the case may be10(4) the cess leviable under sub-section (1) shall be for the purposes of the union andthe proceeds thereof shall not be distributed among the states chapter viii equalisation levy15163 (1) this chapter extends to the whole of india except the state of jammu and kashmirextent, commencement and application(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint(3) it shall apply to consideration received or receivable for specified services provided on or after the commencement of this chapterdefinitions164 in this chapter, unless the context otherwise requires,—20(a) "appellate tribunal" means the appellate tribunal constituted undersection 252 of the income-tax act;25(b) "assessing officer" means the income-tax officer or assistant commissionerof income-tax or deputy commissioner of income-tax or joint commissioner of income-tax or additional commissioner of income-tax who is authorised by the board to exercise or perform all or any of the powers and functions conferred on, or assigned to, an assessing officer under this chapter;54 of 1963(c) "board" means the central board of direct taxes constituted under the centralboards of revenue act, 1963;30(d) "equalisation levy" means the tax leviable on consideration received orreceivable for any specified service under the provisions of this chapter;43 of 1961(e) "income-tax act" means the income-tax act, 1961; (f) "online" means a facility or service or right or benefit or access that is obtainedthrough the internet or any other form of digital or telecommunication network;35(g) "permanent establishment" includes a fixed place of business through whichthe business of the enterprise is wholly or partly carried on;(h) "prescribed" means prescribed by rules made under this chapter; (i) "specified service" means online advertisement, any provision for digitaladvertising space or any other facility or service for the purpose of online advertisement and includes any other service as may be notified by the central government in this behalf;40(j) words and expressions used but not defined in this chapter and definedin the income-tax act, or the rules made thereunder, shall have the meanings respectively assigned to them in that act45charge of equalisation levy165 (1) on and from the date of commencement of this chapter, there shall be charged an equalisation levy at the rate of six per cent of the amount of consideration for any specified service received or receivable by a person, being a non-resident from––(i) a person resident in india and carrying on business or profession; or (ii) a non-resident having a permanent establishment in india(2) the equalisation levy under sub-section (1) shall not be charged, where––5(a) the non-resident providing the specified service has a permanent establishment in india and the specified service is effectively connected with such permanent establishment;(b) the aggregate amount of consideration for specified service received or receivable in a previous year by the non-resident from a person resident in india and carrying on business or profession, or from a non-resident having a permanent establishment in india, does not exceed one lakh rupees; or10(c) where the payment for the specified service by the person resident in india, or the permanent establishment in india is not for the purposes of carrying out business or profession15collection and recovery of equalisation levy166 (1) every person, being a resident and carrying on business or profession or anon-resident having a permanent establishment in india (herein in this chapter referred to as assessee) shall deduct the equalisation levy from the amount paid or payable to a non-resident in respect of the specified service at the rate specified in section 165, if the aggregate amount of consideration for specified service in a previous year exceeds one lakh rupees20(2) the equalisation levy so deducted during any calendar month in accordance with the provisions of sub-section (1) shall be paid by every assessee to the credit of the central government by the seventh day of the month immediately following the said calendar month(3) any assessee who fails to deduct the levy in accordance with the provisions of sub-section (1) shall, notwithstanding such failure, be liable to pay the levy to the credit of the central government in accordance with the provisions of sub-section (2)25furnishing of statement167 (1) every assessee shall, within the prescribed time after the end of each financialyear, prepare and deliver or cause to be delivered to the assessing officer or to any other authority or agency authorised by the board in this behalf, a statement in such form, verified in such manner and setting forth such particulars as may be prescribed, in respect of all specified services during such financial year30(2) an assessee who has not furnished the statement within the time prescribed undersub-section (1) or having furnished a statement under sub-section (1), notices any omission or wrong particular therein, may furnish a statement or a revised statement, as the case may be, at any time before the expiry of two years from the end of the financial year in which the specified service was provided35(3) where any assessee fails to furnish the statement under sub-section (1) within theprescribed time, the assessing officer may serve a notice upon such assessee requiring him to furnish the statement in the prescribed form, verified in the prescribed manner and setting forth such particulars, within such time, as may be prescribedprocessing of statement168 (1) where a statement has been made under section 167 by the assessee, suchstatement shall be processed in the following manner, namely:––40(a) the equalisation levy shall be computed after making the adjustment for anyarithmetical error in the statement;(b) the interest, if any, shall be computed on the basis of sum deductible ascomputed in the statement;45(c) the sum payable by, or the amount of refund due to, the assessee shall bedetermined after adjustment of the amount computed under clause (b) against anyamount paid under sub-section (2) of section 166 or section 170 and any amount paid otherwise by way of tax or interest;(d) an intimation shall be prepared or generated and sent to the assessee specifying the sum determined to be payable by, or the amount of refund due to, him under clause (c); and5(e) the amount of refund due to the assessee in pursuance of the determinationunder clause (c) shall be granted to him: provided that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the statement is furnished(2) for the purposes of processing of statements under sub-section (1), the board may make a scheme for centralised processing of such statements to expeditiously determine the tax payable by, or the refund due to, the assessee as required under that sub-section10rectification of mistake169 (1) with a view to rectifying any mistake apparent from the record, the assessing officer may amend any intimation issued under section 168, within one year from the end of the financial year in which the intimation sought to be amended was issued (2) the assessing officer may make an amendment to any intimation under sub-section (1), either suo motu or on any mistake brought to his notice by the assessee15(3) an amendment to any intimation, which has the effect of increasing the liability of the assessee or reducing a refund, shall not be made under this section unless the assessing officer has given notice to the assessee of his intention so to do and has given the assessee a reasonable opportunity of being heard20(4) where any such amendment to any intimation has the effect of enhancing the sum payable or reducing the refund already made, the assessing officer shall make an order specifying the sum payable by the assessee and the provisions of this chapter shall apply accordingly25interest on delayed payment of equalisation levy170 every assessee, who fails to credit the equalisation levy or any part thereof as required under section 166 to the account of the central government within the period specified in that section, shall pay simple interest at the rate of one per cent of such levy for every month or part of a month by which such crediting of the tax or any part thereof is delayed171 any assessee who––30(a) fails to deduct the whole or any part of the equalisation levy as requiredunder section 166; orpenalty for failure to deduct or pay equalisation levy(b) having deducted the equalisation levy, fails to pay such levy to the credit of the central government in accordance with the provisions of sub-section (2) of that section, shall be liable to pay,—35(i) in the case referred to in clause (a), in addition to paying the levy inaccordance with the provisions of sub-section (3) of that section, or interest, if any, in accordance with the provisions of section 170, a penalty equal to the amount of equalisation levy that he failed to deduct; and40(ii) in the case referred to in clause (b), in addition to paying the levy inaccordance with the provisions of sub-section (2) of that section and interest in accordance with the provisions of section 170, a penalty of one thousand rupees for every day during which the failure continues, so, however, that the penalty under this clause shall not exceed the amount of equalisation levy that he failed to pay45172 where an assessee fails to furnish the statement within the time prescribed under sub-section (1) or sub-section (3) of section 167, he shall be liable to pay a penalty of one hundred rupees for each day during which the failure continuespenalty for failure to furnish statementpenalty not to be imposed in certain cases173 (1) notwithstanding anything contained in section 171 or section 172, no penalty shall be imposable for any failure referred to in the said sections, if the assessee proves to the satisfaction of the assessing officer that there was reasonable cause for the said failure(2) no order imposing a penalty under this chapter shall be made unless the assessee has been given a reasonable opportunity of being heard5174 (1) an assessee aggrieved by an order imposing penalty under this chapter, may appeal to the commissioner of income-tax (appeals) within a period of thirty days from the date of receipt of the order of the assessing officerappeal to commissioner of income-tax (appeals)(2) an appeal under sub-section (1) shall be in such form and verified in such manner as may be prescribed and shall be accompanied by a fee of one thousand rupees10(3) where an appeal has been filed under sub-section (1), the provisions of sections249 to 251 of the income-tax act shall, as far as may be, apply to such appeal175 (1) an assessee aggrieved by an order made by the commissioner of income-tax(appeals) under section 174 may appeal to the appellate tribunal against such orderappeal to appellate tribunal15(2) the commissioner of income-tax may, if he objects to any order passed by the commissioner of income-tax (appeals) under section 174, direct the assessing officer to appeal to the appellate tribunal against such order(3) an appeal under sub-section (1) or sub-section (2) shall be filed within sixty days from the date on which the order sought to be appealed against is received by the assessee or by the commissioner of income-tax, as the case may be20(4) an appeal under sub-section (1) or sub-section (2) shall be in such form and verified in such manner as may be prescribed and, in the case of an appeal filed under sub-section (1), it shall be accompanied by a fee of one thousand rupees25(5) where an appeal has been filed before the appellate tribunal under sub-section (1)or sub-section (2), the provisions of sections 253 to 255 of the income-tax act shall, as far as may be, apply to such appealpunishment for false statement176 (1) if a person makes a false statement in any verification under this chapter orany rule made thereunder, or delivers an account or statement, which is false, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years and with fine302 of 1974(2) notwithstanding anything contained in the code of criminal procedure, 1973, anoffence punishable under sub-section (1) shall be deemed to be non-cognizable within the meaning of that codeinstitution of prosecution177 no prosecution shall be instituted against any person for any offence undersection 176 except with the previous sanction of the chief commissioner of income-tax35application of certain provisions of income-tax act178 the provisions of sections 120, 131, 133a, 138, 156, chapter xv and sections220 to 227, 229, 232, 260a, 261, 262, 265 to 269, 278b, 280a, 280b, 280c, 280d, 282 and 288 to 293 of the income-tax act shall so far as may be, apply in relation to equalisation levy, as they apply in relation to income-tax40power to make rules179 (1) the central government may, by notification in the official gazette, makerules for carrying out the provisions of this chapter(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 time within which and the form and the manner in which the statement ||------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| shall be delivered or caused to be delivered or furnished under section 167; | | || 45 | | || ( | b | ) the form in which an appeal may be filed and the manner in which it may be || verified under sections 174 and 175; | | |(c) any other matter which is to be, or may be, prescribed5(3) every rule made 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 successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule10power to remove difficulties180 (1) if any difficulty arises in giving effect to the provisions of this chapter, thecentral government may, by order published in the official gazette, not inconsistent with the provisions of this chapter, remove the difficulty:provided that no such order shall be made after the expiry of a period of two years from the date on which the provisions of this chapter come into force15(2) every order made under this section shall be laid, as soon as may be after it ismade, before each house of parliament chapter ix the income declaration scheme, 2016181 (1) this scheme may be called the income declaration scheme, 2016short title and commencement(2) it shall come into force on the 1st day of june, 201620definitions182 in this scheme, unless the context otherwise requires,––(a) "declarant" means a person making the declaration under sub-section (1) of section 180;(b) "income-tax act" means the income-tax act, 1961;43 of 196125(c) all other words and expressions used herein but not defined and defined inthe income-tax act shall have the meanings respectively assigned to them in that actdeclaration of undisclosed income30183 (1) subject to the provisions of this scheme, any person may make, on or afterthe date of commencement of this scheme but before a date to be notified by the central government in the official gazette, a declaration in respect of any income chargeable to tax under the income-tax act for any assessment year prior to the assessment year beginning on the 1st day of april, 2017—(a) for which he has failed to furnish a return under section 139 of the income-tax act;(b) which he has failed to disclose in a return of income furnished by him under the income-tax act before the date of commencement of this scheme;35(c) which has escaped assessment by reason of the omission or failure on the part of such person to furnish a return under the income-tax act or to disclose fully and truly all material facts necessary for the assessment or otherwise40(2) where the income chargeable to tax is declared in the form of investment in any asset, the fair market value of such asset as on the date of commencement of this scheme shall be deemed to be the undisclosed income for the purposes of sub-section (1)(3) the fair market value of any asset shall be determined in such manner, as may be prescribed45(4) no deduction in respect of any expenditure or allowance shall be allowed against the income in respect of which declaration under this section is madecharge of tax and surchage184 (1) notwithstanding anything contained in the income-tax act or in any financeact, the undisclosed income declared under section 183 within the time specified therein shall be chargeable to tax at the rate of thirty per cent of such undisclosed income5(2) the amount of tax chargeable under sub-section (1) shall be increased by a surcharge,for the purposes of the union, to be called the krishi kalyan cess on tax calculated at therate of twenty-five per cent of such tax so as to fulfil the commitment of the government for the welfare of the farmerspenalty185 notwithstanding anything contained in the income-tax act or in any finance act,the person making a declaration of undisclosed income shall, in addition to tax and surcharge under section 184, be liable to penalty at the rate of twenty-five per cent of such tax10manner of declaration186 (1) a declaration under section 183 shall be made to the principal commissioneror the commissioner and shall be in such form and be verified in such manner, as may be prescribed(2) the declaration shall be signed,—15(a) where the declarant is an individual, by the individual himself; where suchindividual is absent from india, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf;20(b) where the declarant is a hindu undivided family, by the karta, and where thekarta is absent from india or is mentally incapacitated from attending to his affairs, by any other adult member of such family;(c) where the declarant is a company, by the managing director thereof, or wherefor any unavoidable reason such managing director is not able to sign the declaration or where there is no managing director, by any director thereof;25(d) where the declarant is a firm, by the managing partner thereof, or where forany unavoidable reason such managing partner is not able to sign the declaration, or where there is no managing partner as such, by any partner thereof, not being a minor;(e) where the declarant is any other association, by any member of the associationor the principal officer thereof; and30(f) where the declarant is any other person, by that person or by some otherperson competent to act on his behalf35(3) any person, who has made a declaration under sub-section (1) of section 183 inrespect of his income or as a representative assessee in respect of the income of any other person, shall not be entitled to make any other declaration, under that sub-section in respect of his income or the income of such other person, and any such other declaration, if made, shall be voidtime for payment of tax187 (1) the tax and surcharge payable under section 184 and penalty payable undersection 185 in respect of the undisclosed income, shall be paid on or before a date to be notified by the central government in the official gazette40(2) the declarant shall file the proof of payment of tax, surcharge and penalty on or before the date notified under sub-section (1), with the principal commissioner or the commissioner, as the case may be, before whom the declaration under section 183 was made45(3) if the declarant fails to pay the tax, surcharge and penalty in respect of the declarationmade under section 183 on or before the date specified under sub-section (1), the declaration filed by him shall be deemed never to have been made under this schemeundisclosed income declared not to be included in total income188 the amount of undisclosed income declared in accordance with section 180 shall not be included in the total income of the declarant for any assessment year under the incometax act, if the declarant makes the payment of tax and surcharge referred to in section 184 and the penalty referred to in section 185, by the date specified under sub-section (1) of section 187527 of 1957189 a declarant under this scheme shall not be entitled, in respect of undisclosedincome declared or any amount of tax and surcharge paid thereon, to re-open any assessment or reassessment made under the income-tax act or the wealth-tax act, 1957, or claim any set off or relief in any appeal, reference or other proceeding in relation to any such assessment or reassessmentundisclosed income declared not to affect finality of completed assessments1045 of 1988190 the provisions of the benami transactions (prohibition) act, 1988 shall notapply in respect of the declaration of undisclosed income made in the form of investment in any asset, if the asset existing in the name of a benamidar is transferred to the declarant,being the person who provides the consideration for such asset, or his legal representative, within the period notified by the central government15undisclosed income declared not to be treated as benami transaction in certain cases191 any amount of tax and surcharge paid under section 184 or penalty paidunder section 185 in pursuance of a declaration made under section 183 shall not be refundable20tax in respect of voluntarily disclosed income not refundabledeclaration not admissible in evidence against declarant27 of 1957| 192 ||---------------------------------------------------------------------------------------------|| nothing contained in any declaration made under section 183 shall be admissible in evidence || against the declarant for the purpose of any proceeding relating to imposition of penalty, || other than the penalty leviable under section 185, or for the purposes of prosecution under || the income-tax act or the wealth-tax act, 1957 |25| 193 | notwithstanding anything contained in this scheme, where a declaration has ||--------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|| been made by misrepresentation or suppression of facts, such declaration shall be void and | || shall be deemed never to have been made under this scheme | || declaration by | || misrepresentation | || of facts to be | || void | || 194 | ( || bullion, investment in shares or any other assets specified in the declaration made under | || section 183— | || 30 | || exemption | || from wealth- | || tax in respect | || of assets | || spefified in | || declaration | || 27 of 1957 | || ( | a || 14 of the wealth-tax act, 1957, for the assessment year commencing on or before the | || 1st day of april, 2015; or | || ( | b || the said assessment year or years; or | || 35 | || ( | c || him for the said assessment year or years, | || 27 of 1957 | |then, notwithstanding anything contained in the wealth-tax act, 1957, or any rules made thereunder,—40(i) wealth-tax shall not be payable by the declarant in respect of the assetsreferred to in clause (a) or clause (b) and such assets shall not be included in his net wealth for the said assessment year or years;45(ii) the amount by which the value of the assets referred to in clause (c)has been understated in the return of net wealth for the said assessment year or years, to the extent such amount does not exceed the voluntarily disclosed income utilised for acquiring such assets, shall not be taken into account in computing the net wealth of the declarant for the said assessment year or yearsexplanation—where a declaration under section 183 is made by a firm, the assets referred to in sub-clause (i) or, as the case may be, the amount referred to in sub-clause (ii) shall not be taken into account in computing the net wealth of any partner of the firm or, as the case may be, in determining the value of the interest of any partner in the firm(2) the provisions of sub-section (1) shall not apply unless the conditions specified in sub-sections (1) and (2) of section 187 are fulfilled by the declarant527 of 1957195 the provisions of chapter xv of the income-tax act relating to liability in special cases and of section 199, section 138 and section189 of that act or the provisions of chapter v of the wealth-tax act, 1957 relating to liability in respect of assessment in special cases shall, so far as may be, apply in relation to proceedings under this scheme as they apply in relation to proceedings under the income-tax act or, as the case may be, the wealth-tax act, 1957196 the provisions of this scheme shall not apply—10applicability of certain provisions of income-tax act and of chapter v of wealthtax actscheme not to apply to certain persons52 of 1974(a) to any person in respect of whom an order of detention has been made under the conservation of foreign exchange and prevention of smuggling activities act, 1974:provided that—15(i) such order of detention, being an order to which the provisions of section 9 or section 12a of the said act do not apply, has not been revoked on the report of the advisory board under section 8 of the said act or before the receipt of the report of the advisory board; or20(ii) such order of detention, being an order to which the provisions of section 9 of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the advisory board under section 8, read with sub-section (2) of section 9 of the said act; or25(iii) such order of detention, being an order to which the provisions of section 12a of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the advisory board under section 8, read with sub-section (6) of section 12a, of the said act; or(iv) such order of detention has not been set aside by a court of competent jurisdiction;30(b) in relation to prosecution for any offence punishable under chapter ix orchapter xvii of the indian penal code, the narcotic drugs and psychotropic substances act, 1985, the unlawful activities (prevention) act, 1967 and the prevention of corruption act, 1988;45 of 1860 61 of 1985 37 of 1967 49 of 198835(c) to any person notified under section 3 of the special court (trial of offencesrelating to transactions in securities) act, 1992;27 of 199222 of 2015(d) in relation to any undisclosed foreign income and asset which is chargeableto tax under the black money (undisclosed foreign income and assets) and imposition of tax act, 2015;40(e) in relation to any undisclosed income chargeable to tax under the incometax act for any previous year relevant to an assessment year prior to the assessment year beginning on the 1st day of april, 2017—45(i) where a notice under section 142 or sub-section (2) of section 143 orsection 148 or section 153a or section 153c of the income-tax act has been issued in respect of such assessment year and the proceeding is pending before the assessing officer; or(ii) where a search has been conducted under section 132 or requisition has been made under section 132a or a survey has been carried out under section133a of the income-tax act in a previous year and a notice under sub-section (2) of section 143 for the assessment year relevant to such previous year or a notice under section 153a or under section 153c of the said act for an assessment year relevant to any previous year prior to such previous year has not been issued and the time for issuance of such notice has not expired; or5(iii) where any information has been received by the competent authority under an agreement entered into by the central government under section 90 or section 90a of the income-tax act in respect of such undisclosed asset197 for the removal of doubts, it is hereby declared that—removal of doubts10(a) save as otherwise expressly provided in sub-section (1) of section 183, nothingcontained in this scheme shall be construed as conferring any benefit, concession or immunity on any person other than the person making the declaration under this scheme;15(b) where any declaration has been made under section 183 but no tax, surcharge and penalty referred to in section 184 and section 185 has been paid within the time specified under section 187, the undisclosed income shall be chargeable to tax under the income-tax act in the previous year in which such declaration is made;(c) where any income has accrued, arisen or received or any asset has been acquired out of such income prior to commencement of this scheme, and no declaration in respect of such income is made under this scheme,—20(i) such income shall be deemed to have accrued, arisen or received, asthe case may be; or(ii) the value of the asset acquired out of such income shall be deemed tohave been acquired or made,25in the year in which a notice under section 142, sub-section (2) of section 143 or section 148 or section 153a or section 153c of the income-tax act is issued by the assessing officer, and the provisions of the income-tax act shall apply accordinglypower to remove difficulties198 (1) if any difficulty arises in giving effect to the provisions of this scheme, the central government may, by order, not inconsistent with the provisions of this scheme, remove the difficulty:30provided that no such order shall be made after the expiry of a period of two yearsfrom the date on which the provisions of this scheme shall come into force(2) every order made under this section shall be laid before each house of parliamentpower to make rules199 (1) the board may, subject to the control of the central government, by notification in the official gazette, make rules for carrying out the provisions of this scheme35(2) without prejudice to the generality of the foregoing power, such rules may providefor the form in which a declaration may be made under section 183 and the manner in which the same may be verified40 45(3) every rule made under this scheme shall be laid, as soon as may be, after it ismade, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the 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 chapter x the direct tax dispute resolution scheme, 2016200 (1) this scheme may be called the direct tax dispute resolution scheme, 2016short title and commencement(2) it shall come into force on the 1st day of june, 2016definitions201 (1) in this scheme, unless the context otherwise requires,—5(a) "declarant" means a person making a declaration under section 202; (b) "designated authority" means an officer not below the rank of a commissionerof income-tax and notified by the principal chief commissioner for the purposes of this scheme;10(c) "disputed income", in relation to an assessment year, means the whole or somuch of the total income as is relatable to the disputed tax;(d) "disputed tax" means the tax determined under the income-tax act, or thewealth-tax act, which is disputed by the assessee or the declarant, as the case may be;(e) "disputed wealth", in relation to an assessment year, means the whole or somuch of the net wealth as is relatable to the disputed tax;1543 of 1961(f) "income-tax act" means the income-tax act, 1961; (g) ''specified tax'' means a tax—20(i) the determination of which is in consequence of or validated by any amendment made to the income-tax act or the wealth-tax act with retrospective effect and relates to a period prior to the date on which the act amending the income-tax act or the wealth-tax act, as the case may be, received the assent of the president; and(ii) a dispute in respect of such tax is pending as on the 29th day of february,2016;25(h) "tax arrear" means, the amount of tax, interest or penalty determined under theincome-tax act or the wealth-tax act, in respect of which appeal is pending before the commissioner of income-tax (appeals) or the commissioner of wealth-tax (appeals) as on the 29th day of february, 2016;27 of 1957(i) "wealth-tax act" means the wealth-tax act, 195730(2) all other words and expressions used herein but not defined and defined in the income-tax act or the wealth-tax act, as the case may be, shall have the meanings respectively assigned to them in those actsdeclaration of tax payable35202 subject to the provisions of this scheme, where a declarant files, on or after the 1st day ofjune, 2016 but on or before a date to be notified by the central government in the official gazette, a declaration to the designated authority in accordance with the provisions of section 203 in respect of tax arrear, or specified tax, then, notwithstanding anything contained in the income-tax act or thewealth-tax act or any other provision of any law for the time being in force, the amount payable under this scheme by the declarant shall be as under, namely:––(i) in case of pending appeal related to tax arrear being––| ( | a | ) tax and interest,— ||---------------------------------------------------------------------------------|-----|--------------------------------------------------------------------------|| 40 | | || ( | i | ) in a case where the disputed tax does not exceed ten lakh rupees, || the whole of the disputed tax and the interest on disputed tax till the date of | | || assessment or reassessment, as the case may be; or | | || 45 | | || ( | ii | ) in any other case, the whole of disputed tax, twenty-five per cent of || the minimum penalty leviable and the interest on disputed tax till the date of | | || assessment or reassessment, as the case may be; | | |(b) penalty, twenty-five per cent of the minimum penalty leviable and the tax and interest payable on the total income finally determined (ii) in case of specified tax, the amount of such tax so determinedparticulars to be funished203 (1) a declaration under section 202 shall be made to the designated authority in such form and verified in such manner as may be prescribed5(2) where the declaration is in respect of tax arrear, consequent to such declaration, appeal in respect of the disputed income, disputed wealth and tax arrear pending before the commissioner of income-tax (appeals) or the commissioner of wealth-tax (appeals), as the case may be, shall be deemed to have been withdrawn(3) where the declaration is in respect of specified tax and the declarant has,—10 15(a) filed any appeal before the commissioner of income-tax (appeals) or the commissioner of wealth-tax (appeals) or the appellate tribunal or the high court or the supreme court or any writ petition before the high court or the supreme court against any order in respect of the specified tax, he shall withdraw such appeal or writ petition with the leave of the court wherever required and furnish proof of such withdrawal along with the declaration referred to in sub-section (1);20(b) initiated any proceeding for arbitration, conciliation or mediation or has given any notice thereof under any law for the time being in force or under any agreement entered into by india with any other country or territory outside india whether for protection of investment or otherwise, he shall withdraw such notice or the claim, if any, in such proceedings prior to making the declaration and furnish proof thereof along with the declaration referred to in sub-section (1)25(4) where the declaration is in respect of specified tax, the declarant shall, without prejudice to the provisions of sub-section (3), furnish an undertaking, in such form and verified in such manner as may be prescribed, waiving his right, whether direct or indirect, to seek or pursue any remedy or any claim in relation to the specified tax which may otherwise be available to him under any law for the time being in force, in equity, by statute or under an agreement referred to in clause (b) of sub-section (3) or otherwise(5) where,—30(a) any material particular furnished in the declaration is found to be false at anystage; or(b) the declarant violates any of the conditions referred to in this scheme; or (c) the declarant acts in a manner which is not in accordance with the undertakinggiven by him under sub-section (4),35it shall be presumed as if the declaration was never made under the scheme and all the consequences under the income-tax act or the wealth-tax act, as the case may be, under which the proceedings against the declarant are or were pending, shall be deemed to have been revived40(6) no appellate authorithy or arbitrator, conciliator or mediator shall proceed to decideany issue relating to the specified tax mentioned in the declaration and in respect of which anorder had been made under sub-section (1) of section 204 by the designated authority or thepayment of the sum determined under that sectiontime and manner of payment45204 (1) the designated authority shall, within a period of sixty days from the date ofreceipt of the declaration, determine the amount payable by the declarant in accordance with the provisions of this scheme and grant a certificate in such form as may be prescribed, to the declarant setting forth therein the particulars of the tax arrear or the specified tax, as the casemay be, and the sum payable after such determination(2) the declarant shall pay the sum determined by the designated authority as per the certificate granted under clause (a) of sub-section (1) within thirty days of the date of receipt of the certificate and intimate the fact of such payment to the designated authority along with proof thereof and the designated authority shall thereupon pass an order stating that the declarant has paid the sum510(3) every order passed under sub-section (2), determining the sum payable under this scheme, shall be conclusive as to the matters stated therein and no matter covered by such order shall be re-opened in any other proceeding under the income-tax act or the wealth-tax act or under any other law for the time being in force, or as the case may be, under any agreement, whether for protection of investment or otherwise, entered into by india with any other country or territory outside india205 the designated authority shall, subject to the conditions provided in section 204, grant— (a) immunity from instituting any proceedings in respect of an offence under the income-tax act or the wealth-tax act, as the case may be; or,15immunity from initiation of proceedings in respect of offence and imposition of penalty in certain cases(b) immunity from imposition or waiver, as the case may be, of penalty under the income-tax act or the wealth-tax act, as the case may be, in respect of,—(i) specified tax covered in the declaration under section 202; or (ii) tax arrear covered in the declaration to the extent the penalty exceeds the amount of penalty referred to in sub-clause (b) of clause (i) of section 202;20(c) waiver of interest under the income-tax act or the wealth-tax act, as the case may be, in respect of,—(i) specified tax covered in the declaration under the section 202; (ii) tax arrear covered in the declaration to the extent the interest exceeds the amount of interest referred to in sub-clause (a) of clause (i) of section 20225206 any amount paid in pursuance of a declaration made under section 202 shall not be refundable under any circumstances30207 save as otherwise expressly provided in sub-section (3) of section 204 and section205, nothing contained in this scheme shall be construed as conferring any benefit, concession or immunity on the declarant in any proceedings other than those in relation to which the declaration has been madeno refund of amount paid under scheme no other benefit, concession or immunity to declarent208 the provisions of this scheme shall not apply—(a) in respect of tax arrear or specified tax,––scheme not to apply in certain cases35(i) relating to an assessment year in respect of which an assessment has beenmade under section 153a or 153c of the income-tax act or assessment or reassessment for any of the assessment years, in consequence of a search initiated under section 37a or requisition made under section 37b of the wealth-tax act if it relates to any tax arrear;40(ii) relating to an assessment or reassessment in respect of which a surveyconducted under section 133a of the income-tax act or section 38a of the wealthtax act, has a bearing if it relates to any tax arrear;(iii) relating to an assessment year in respect of which prosecution has beeninstituted on or before the date of filing of declaration under section 202;(iv) relating to any undisclosed income from a source located outside indiaor undisclosed asset located outside india;45(v) relating to an assessment or reassessment made on the basis of informationreceived under an agreement referred to in section 90 or section 90a of the incometax act, if it relates to any tax arrear;52 of 1974(b) to any person in respect of whom an order of detention has been made under the provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974:provided that—5(i) such order of detention, being an order to which the provisions ofsection 9 or section 12a of the said act do not apply, has not been revoked on the report of the advisory board under section 8 of the said act or before the receipt of the report of the advisory board; or10(ii) such order of detention, being an order to which the provisions ofsection 9 of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or onthe report of the advisory board under section 8, read with sub-section (2) ofsection 9, of the said act; or15(iii) such order of detention, being an order to which the provisions ofsection 12a of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the advisory board under section 8, read with sub-section (6) of section 12a, of the said act; or(iv) such order of detention has not been set aside by a court of competentjurisdiction;2045 of 1860 37 of 1967 61 of 1985 49 of 198825(c) to any person in respect of whom prosecution for any offence punishable under the provisions of the indian penal code, the unlawful activities (prevention) act, 1967, the narcotic drugs and psychotropic substances act, 1985, the prevention of corruption act, 1988 or for the purpose of enforcement of any civil liability has been instituted on or before the filing of the declaration or such person has been convicted of any such offence punishable under any of those acts;27 of 1992(d) to any person notified under section 3 of the special court (trial of offences relating to transactions in securities) act, 1992 209 (1) the central government may, from time to time, issue such directions or orders to the authorities, as it may deem fit, for the proper administration of this scheme:30power of central government to issue directions, etcprovided that no direction or order shall be issued so as to require any designated authority to dispose of a particular case in a particular manner35(2) without prejudice to the generality of the foregoing power, the central government may, if it considers necessary or expedient so to do, for the purpose of proper and efficient administration of the scheme and collection of revenue, issue, from time to time, general or special orders in respect of any class of cases, setting forth directions or instructions as to the guidelines, principles or procedures to be followed by the authorities in the work relating to administration of the scheme and collection of revenue and any such order may, if the central government is of the opinion that it is necessary in the public interest so to do, be published in the official gazette in such manner as may be prescribed40power to remove difficulties210 (1) if any difficulty arises in giving effect to the provisions of this scheme, the central government may, by order, not inconsistent with the provisions of this scheme, remove the difficulty:provided that no such order shall be made after the expiry of a period of two years from the date on which the provisions of this scheme come into force45(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliamentpower to make rules211 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this scheme(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––(a) the form in which a declaration may be made and the manner in which such declaration may be verified under sub-section (1) of section 203 ;(b) the form of certificate which may be granted under sub-section (1) of section 204;5(c) the manner in which orders may be published under sub-section (2) of section 209; (d) any other matter which by this scheme is to be, or may be, prescribed, or in respect of which provision is to be made, by rules1015(3) every rule made by the central government under this scheme shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule chapter xi the indirect tax dispute resolution scheme, 201620212 (1) this scheme may be called the indirect tax dispute resolution scheme,2016short title, application and commencement(2) it shall be applicable to the declarations made up to the 31st day of december,2016(3) it shall come into force on the 1st day of june, 2016definitions213 (1) in this scheme, unless the context otherwise requires,—25(a) "act" means the customs act, 1962 or the central excise act, 1944 orchapter v of the finance act, 1994, as the case may be;52 of 1962 1 of 1944 32 of 199430(b) "assistant commissioner" means the assistant commissioner of customsor the assistant commissioner of central excise or the assistant commissioner of service tax, as the case may be;(c) "commissioner" means the commissioner of customs or the commissionerof central excise or the commissioner of service tax, as the case may be;(d) "declarant" means any person who makes a declaration under sub-section (1)of section 214;35(e) "designated authority" means an officer not below the rank of assistant commissioner who is authorised to act as assistant commissioner by the commissioner for the purposes of this scheme;(f) "impugned order" means any order which is under challenge before the commissioner (appeals);40(g) "indirect tax dispute" means a dispute in respect of any of the provisions of the act which is pending before the commissioner (appeals) as an appeal against the impugned order as on the 1st day of march, 2016;(h) "prescribed" means prescribed by rules made under this scheme; (i) "tax" includes duty or tax levied under the act(2) words and expressions used herein and not defined but defined in the act or the rules made thereunder shall have the meanings respectively assigned to them in the act or the rules made thereunder5procedure for making declaration214 (1) subject to the provisions of this scheme, a person may make a declarationto the designated authority on or before the 31st day of december, 2016 in such form and manner as may be prescribed(2) the designated authority shall acknowledge the declaration in such form and manner as may be prescribed10(3) the declarant shall pay tax due alongwith the interest thereon at the rate as providedin the act and penalty equivalent to twenty-five per cent of the penalty imposed in the impugned order, within fifteen days of the receipt of acknowledgement under sub-section (2)and intimate the designated authority within seven days of making such payment giving the details of payment made along with the proof thereof15(4) on receipt of the proof of payment of tax, interest and penalty under sub-section(3), the designated authority shall, within fifteen days of the receipt of such proof, pass an order of discharge of dues referred to in sub-section (3) in such form as may be prescribed215 the provisions of this scheme shall not apply, if—| ( | a | ) the impugned order is in respect of search and seizure proceeding; or ||--------------------------------------|-----|----------------------------------------------------------------------------|| scheme not to | | || apply in | | || certain cases | | || ( | b | ) prosecution for any offence punishable under the act has been instituted || before the 1st day of june, 2016; or | | |20| ( | c | ) the impugned order is in respect of narcotic drugs or other prohibited ||-----------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| goods; or | | || 25 | | || 45 of 1860 | | || 61 of 1985 | | || 49 of 1988 | | || ( | d | ) impugned order is in respect of any offence punishable under the indian || penal code, the narcotic drugs and psychotropic substances act, 1985 or the | | || prevention of corruption act, 1988; or | | || 52 of 1974 | | || ( | e | ) any detention order has been passed under the conservation of foreign || exchange and prevention of smuggling act, 1974 | | |30immunity from other proceedings under act216 (1) notwithstanding anything contained in any provision of the act, upon thepassing of an order under sub-section (4) of section 214, the appeal pending before the commissioner (appeals) shall stand disposed of and the declarant shall get immunity from all proceedings under the act, in respect of the indirect tax dispute for which the declaration has been made under this scheme35(2) a declaration made under sub-section (1) of section 214 shall become conclusive upon the issuance of an order under sub-section (4) of section 214 and no matter relating to the impugned order shall be reopened thereafter in any proceedings under the act before any authority or court217 (1) any amount paid in pursuance of a declaration made under sub-section (1) of section 214 shall not be refundedconsequences of order made under scheme(2) any order passed under sub-section (4) of section 214 shall not be deemed to be an order on merits and has no binding effect40explanation––for the removal of doubts, it is hereby declared that nothing contained in this scheme shall be construed as conferring any benefit, concession or immunity on the declarant other than the benefit, concession or immunity granted under section 216power to make rules218 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this scheme45(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––(a) the form and the manner in which a declaration may be made under sub-section (1) of section 214;(b) the form and the manner of acknowledging the declaration under sub-section (2)of section 214;5(c) the form and the manner of issuing an order of discharge under sub-section (4)of section 214;(d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules1015(3) every rule made under this scheme shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule chapter xii miscellaneous part i amendments to the reserve bank of india act, 193420219 the provisions of this part shall come into force on such date as the central government may, by notification in the official gazette, appointcommencement and amendment of act 2 of 1934 amendment of preamble220 in the reserve bank of india act,1934 (herein referred to as the principal act), in the preamble, for paragraphs 2 and 3, the following paragraphs shall be substituted, namely:–25"and whereas it is essential to have a modern monetary policy framework to meet the challenge of an increasingly complex economy;and whereas the primary objective of the monetary policy is to maintain price stability while keeping in mind the objective of growth;and whereas the monetary policy framework in india shall be operated by the reserve bank of india;"30221 in section 2 of the principal act,––amendment of section 2(i) after clause (b), the following clause shall be inserted, namely:––'(bva) "consumer price index" means the consumer price index combined published by the government of india from time to time;'; (ii) after clause (c), the following clauses shall be inserted, namely:––35'(ci) "inflation" means the year wise change in monthly consumer price index expressed in terms of percentage;(cii) "inflation target" means the inflation target determined in accordance with sub-section (1) of section 45za;'; (iii) after clause (cc), the following clauses shall be inserted, namely:––40'(cci) "monetary policy committee" means the committee constituted under sub-section (1) of section 45zb;';(iv) after clause (cccc), the following clause shall be inserted, namely:––(cccci) "policy rate" means the rate for repo-transactions under sub-section (12ab) of section 17;'222 after chapter iii e of the principal act, the following chapter shall be inserted, namely:––5insertion of new chapter iii f "chapter iii f monetary policy45z the provisions of this chapter shall have effect, notwithstanding anything inconsistent therewith contained in any other provisions of this actprovisions of this chapter to override other provisions of act inflation target1045za (1) the central government shall, in consultation with the bank, determine the inflation target in terms of the consumer price index, once in every five years(2) the central government shall, upon such determination, notify the inflation target in the official gazette45zb (1) the central government may, by notification in the official gazette, constitute a committee to be called the monetary policy committee of the bank15constitution of monetary policy committee(2) the monetary policy committee shall consist of the following members, namely:—(a) the governor of the bank—chairperson, ex officio;(b) deputy governor of the bank, in charge of monetary policy—member, ex officio;20(c) one officer of the bank to be nominated by the central board—member, ex officio; and (d) three persons to be appointed by the central government—members(3) the monetary policy committee shall determine the policy rate required to achieve the inflation target(4) the decision of the monetary policy committee shall be binding on the bank2545zc (1) the members of the monetary policy committee referred to in clause(d) of sub-section (2) of section 45zb shall be appointed by the central government from amongst persons of ability, integrity and standing, having knowledge and experience in the field of economics or banking or finance or monetary policy:eligibility and selection of members appointed by central governmentprovided that no person shall be appointed as a member, in case such person––30(i) has completed the age of seventy years on the date of appointment as member;(ii) is a member of any board or committee of the bank; (iii) is an employee of the bank;45 of 186035(iv) is a public servant as defined under section 21 of the indian penalcode;(v) is a member of parliament or any state legislature; (vi) has been at any time, adjudged as an insolvent;40(vii) has been convicted of an offence which is punishable with animprisonment for a term of one hundred and eighty days or more;(viii) is physically or mentally incapable of discharging the duties of a member of the monetary policy committee; or(ix) has a material conflict of interest with the bank and is unable to resolve such conflict5(2) the members of the monetary policy committee referred to in clause (d) of sub-section (2) of section 45zb shall be appointed by the central government on the recommendations made by search-cum-selection committee consisting of the following members, namely:––| ( | a | ) cabinet secretary—chairperson; ||-----------------------------------------------------------|-----|-----------------------------------------------------------------------------|| 10 | | || ( | b | ) governor of the reserve bank of india or his representative (not below || the rank of deputy governor)—member; | | || ( | c | ) secretary, department of economic affairs—member; || ( | d | ) three experts in the field of economics or banking or finance or monetary || policy to be nominated by the central government—members | | || 15 | | |(3) while selecting the members of the monetary policy committee, the searchcum-selection committee shall follow such procedure as may be prescribed by the central government45zd (1) the members of the monetary policy committee appointed under clause (d) of sub-section (2) of section 45zb shall hold office for a period of four years and shall not be eligible for re-appointment20terms and conditions of appointment of members of monetary policy committee(2) the terms and conditions of appointment of members of the monetary policy committee shall be such as may be prescribed by the central government and the remuneration and other allowances payable to such members shall be such as may be specified by the regulations made by the central board25(3) a member may resign from the monetary policy committee, at any time before the expiry of his tenure under sub-section (1), by giving to the central government, a written notice of not less than six weeks, and on the acceptance of the resignation by the central government, he shall cease to be a member of the monetary policy committee3045ze (1) the central government may remove from office any member of the monetary policy committee appointed under clause (d) of sub-section (2) of section45zb, who—removal ofmembers ofmonetary policy committee(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; or35(c) has been convicted of an offence which, in the opinion of the centralgovernment, involves moral turpitude; or(d) has failed to adequately disclose any material conflict of interest at thetime of his appointment; or(e) does not attend three consecutive meetings of the monetary policycommittee without obtaining prior leave; or40(f) has acquired such financial or other interest as is likely to affectprejudicially his functions as a member; or(g) has acquired any post referred to in clauses (ii), (iii), (iv) and clause(v) of the proviso to sub-section (1) of section 45zc; or45(h) has, in the opinion of the central government, so abused his positionas to render his continuance in office detrimental to the public interest(2) no member appointed under clause (d) of sub-section (2) of section 45zbshall be removed under clause (d) or clause (e) or clause (f) or clause (g) or clause (h)of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter545zf no act or proceeding of the monetary policy committee shall be invalidmerely by reason of—(a) any vacancy in, or any defect in the constitution of the monetary policycommittee; orvacancies, etc, not to invalidate proceedings of monetary policy committee10(b) any defect in the appointment of a person acting as a member of themonetary policy committee; or (c) any irregularity in the procedure of the monetary policy committeenot affecting the merits of the case 45zg (1) the bank shall appoint a secretary to the monetary policy committeeto provide secretariat support to the said committeesecretary to monetary policy committee15(2) the secretary shall perform such functions and in such manner as may bespecified by the regulations made by the central board45zh (1) the bank shall provide all information to the members of the monetarypolicy committee that may be relevant to achieve the inflation targetinformation for monetary policy committee members20(2) in addition to information provided by the bank under sub-section (1), anymember of the monetary policy committee may, at any time, request the bank for additional information, including any data, models or analysis(3) the bank shall provide the information, as referred to in sub-section (2), to the member of the monetary policy committee, within reasonable time, unless—| ( | a | ) the information pertains to an entity or person and is not publicly ||----------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| available; or | | || 25 | | || ( | b | ) the information allows an entity or person to be identified and the || information is not publicly available | | || ( | 4 | ) any information provided by the bank to a member of the monetary policy || committee shall be provided to all the members of the monetary policy committee | | || 30 | | || 45zi ( | 1 | ) the bank shall organise at least four meetings of the monetary policy || committee in a year | | || meetings of | | || monetary | | || policy | | || committee | | || ( | 2 | ) the meeting schedule of the monetary policy committee for a year shall be || published by the bank at least one week before the first meeting in that year | | |(3) the meeting schedule may be changed only––35(a) by way of a decision taken at a prior meeting of the monetary policycommittee; or(b) if, in the opinion of the governor, an additional meeting is required ora meeting is required to be rescheduled due to administrative exigencies(4) any change in meeting schedule shall be published by the bank as soon as practicable40(5) the quorum for a meeting of the monetary policy committee shall be four members, at least one of whom shall be the governor and in his absence, the deputy governor who is the member of the monetary policy committee45(6) the meetings of the monetary policy committee shall be presided over by the governor, and in his absence by the deputy governor who is a member of the monetary policy committee(7) each member of the monetary policy committee shall have one vote (8) all questions which come up before any meeting of the monetary policy committee shall be decided by a majority of votes by the members present and voting, and in the event of an equality of votes, the governor shall have a second or casting vote5(9) the central government may, if it considers necessary, convey its views in writing to the monetary policy committee from time to time(10) the vote of each member of the monetary policy committee for a proposed resolution shall be recorded against such member10(11) each member of the monetary policy committee shall write a statement specifying the reasons for voting in favour of, or against the proposed resolution(12) the procedure, conduct, code of confidentiality and any other incidental matter for the functioning of the monetary policy committee shall be such as may be specified by the regulations made by the central board(13) the proceeding of the monetary policy committee shall be confidential1545zj (1) the bank shall publish a document explaining the steps to be taken by it to implement the decisions of the monetary policy committee, including any changes thereto20steps to be taken to implement decision of monetary policy committee(2) the particulars to be included in such document and the frequency of publications of such document shall be such as may be specified by the regulations made by the central boardpublication of decisions45zk the bank shall publish, after the conclusion of every meeting of themonetary policy committee, the resolution adopted by the said committee;2545zl the bank shall publish, on the fourteenth day after every meeting of the monetary policy committee, the minutes of the proceedings of the meeting which shall include the following, namely:—| ( | a | ) the resolution adopted at the meeting of the monetary policy committee; ||-----------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| publication of | | || proceedings of | | || meeting of | | || monetary | | || policy | | || committee | | || ( | b | ) the vote of each member of the monetary policy committee, ascribed || to such member, on resolutions adopted in the said meeting; and | | || 30 | | || ( | c | ) the statement of each member of the monetary policy committee under || sub-section ( | 11 | ) of section 45zl on the resolutions adopted in the said meeting || monetary | | || policy report | | |45zm (1) the bank shall, once in every six months, publish a document to be called the monetary policy report, explaining—| ( | a | ) the sources of inflation; and ||-----------------------------------------------|-----|----------------------------------------------------------------------------|| 35 | | || ( | b | ) the forecasts of inflation for the period between six to eighteen months || from the date of publication of the document | | |(2) the form and contents of the monetary policy report shall be such as may be specified by the regulations made by the central board4045zn where the bank fails to meet the inflation target, it shall set out in a report to the central government––failure to maintain inflation target(a) the reasons for failure to achieve the inflation target; (b) remedial actions proposed to be taken by the bank; and (c) an estimate of the time-period within which the inflation target shall be achieved pursuant to timely implementation of proposed remedial actionsexplanation—for the purposes of this section, the factors that constitute failure shall be such as may be notified by the central government in the official gazette, within three months from the date of the commencement of part i of chapter xii of the finance act, 20165power to make rules45zo (1) the central government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this chapter(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for––(a) the procedure of functioning of the search-cum-selection committee under sub-section (3) of section 45zc;10(b) the terms and conditions of appointment, (other than the remuneration and other allowances), of members of the monetary policy committee under sub-section (2) of section 45zd; and15(c) any other matter which is to be, or may be, prescribed by the central government by rules"amendment of section 58223 in section 58 of the principal act, in sub-section (2), after clause (q), the following clauses shall be inserted, namely:––"(qa) the remuneration and other allowances payable to members of the monetary policy committee under sub-section (2) of section 45zd;(qb) the functions of the secretary under sub-section (2) of section 45zg;20(qc) the procedure, manner of conducting of meetings and related matters of the monetary policy committee under sub-section (12) of section 45zi;(qd) the particulars and the frequency of publication of document under sub-section (2) of section 45zj;25(qe) the form and contents of the monetary policy report to be published under sub-section (2) of section 45zm;" part ii amendment to the central sales tax act, 195630224 in the central sales tax act, 1956, in section 3, after explanation 2, the following explanation shall be inserted, namely:—amendment of act 74 of 195635"explanation 3—where the gas sold or purchased and transported through a common carrier pipeline or any other common transport or distribution system becomes co-mingled and fungible with other gas in the pipeline or system and such gas is introduced into the pipeline or system in one state and is taken out from the pipeline in another state, such sale or purchase of gas shall be deemed to be a movement of goods from one state to another" part iii amendment to the oil industry (development) act, 197440225 in the oil industry (development) act, 1974, in the schedule, against slno1relating to crude oil, for the entry in column 3, the entry "twenty per cent ad valorem" shall be substitutedamendment of schedule of act 47 of 1974 part iv amendment to the smugglers and foreign exchange manipulators (forfeiture of property) act, 197645226 in the smugglers and foreign exchange manipulators (forfeiture of property)act, 1976 with effect from the 1st day of june, 2016,––amendment of act 13 of 1976(a) section 2a shall be omitted; (b) in section 3, in sub-section (1), in clause (a), the words "for forfeited property"shall be omitted;(c) in section 12,––(i) in sub-section (1),––5(a) the words "to be called the appellate tribunal for forfeited property" shall be omitted;(b) for the words "hearing appeals against the orders made under section 7, sub-section (1) of section 9 or section 10", the following shall be substituted, namely:––10"hearing appeals against the orders made––(a) under section 7, sub-section (1) of section 9 or section 10;1561 of 1985(b) under section 68f, section 68-i, sub-section (1) of section 68k or section 68l of the narcotic drugs and psychotropic substances act, 1985;15 of 2003(c) by the adjudicating authority or any other authority under the prevention of money-laundering act, 2002";(ii) in sub-section (2), the words "or is qualified to be" shall be omitted;20(iii) in sub-section (6a), for the words "bench of two members", the words"bench with one or two members" shall be substituted;(iv) after sub-section (6a), the following sub-sections shall be inserted, namely:––25"(6b) in the event of the occurrence of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, the seniormost member, shall act as the chairman until the date on which a new chairman, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office30(6c) when the chairman is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the chairman until the date on which the chairman resumes his duties" part v amendment to the narcotic drugs and psychotropic substances act, 198535227 in the narcotic drugs and psychotropic substances act, 1985 with effect from the 1st day of june, 2016,––amendment of act 61 of 1985(a) in section 68b, in clause (a), for the words "for forfeited property constituted under", the words "referred to in" shall be substituted;(b) for section 68n, the following section shall be substituted, namely:––4013 of 1976"68n the appellate tribunal constituted under sub-section (1) of section12 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 shall be the appellate tribunal for hearing appeals against the orders made under section 68f, section 68-i, sub-section (1) of section 68k or section68l";45(c) in section 76, in sub-section (2), clause (db) shall be omitted part vi amendments to the foreign exchange management act, 1999commencement of this part5228 the provisions of this part shall come into force on such date as the central government may, by notification in the official gazette, appoint229 in the foreign exchange management act, 1999, after section 14, the following section shall be inserted, namely:––amendment of act 42 of 1999 power to recover arrears of penalty10"14a (1) save as otherwise provided in this act, the adjudicating authority may, by order in writing, authorise an officer of enforcement not below the rank of assistant director to recover any arrears of penalty from any person who fails to make full payment of penalty imposed on him under section 13 within the period of ninety days from the date on which the notice for payment of such penalty is served on him43 of 196115(2) the officer referred to in sub-section (1) shall exercise all the like powers which are conferred on the income-tax authority in relation to recovery of tax under the income-tax act, 1961 and the procedure laid down under the second schedule to the said act shall mutatis mutandis apply in relation to recovery of arrears of penalty under this act" part vii amendment to the central road fund act, 200020230 in section 10 of the central road fund act, 2000, with effect from the 1st day of june, 2016,—amendment of act 54 of 2000(a) in sub-section (1), for clause (viii), the following clause shall be substituted, namely:––"(viii) allocation of––25(a) thirty-three and one-half per cent of the cess on high speeddiesel and petrol for the development of rural roads;(b) forty-one and one-half per cent of the cess on high speed dieseland petrol for the development and maintenance of national highways;30(c) fourteen per cent of the cess on high speed diesel and petrol forrailways safety works, including the construction of road either under or over the railways by means of a bridge and erection of safety works at unmanned rail-road crossings, new lines, conversion of existing standard lines into gauge lines and electrification of rail lines:provided that no repair, maintenance or renovation work shall becarried out from the allocation of cess under this sub-clause;35(d) ten per cent of the cess on high speed diesel and petrol on development and maintenance of state roads of inter-state and economic importance to be so approved by the central government; and40(f) one per cent of the cess on high speed diesel and petrol on development and maintenance of road in border areas";(b) sub-section (2) shall be omitted231 in the finance act, 2001, the seventh schedule shall be amended,––(i) in the manner specified in the twelfth schedule;45amendment of act 14 of 2001(ii) in the manner specified in the thirteenth schedule, with effect from the 1st day of january, 2017 part ix amendment to the prevention of money-laundering act, 20025232 in the prevention of money-laundering act, 2002 with effect from the 1st day of june, 2016,––amendment of act 15 of 2003(a) in section 2, in sub-section (1), in clause (b), for the words "established under", the words "referred to in" shall be substituted;(b) for section 25, the following section shall be substituted, namely:––10appellate tribunal13 of 1976"25 the appellate tribunal constituted under sub-section (1) of section 12 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 shall be the appellate tribunal for hearing appeals against the orders of the adjudicating authority and the other authorities under this act"; (c) sections 27, 28, 30, 31, 32, 33 and 34 shall be omitted;15(d) in sections 36, 37, 38 and 40, for the word "chairperson" wherever it occurs, the word "chairman" shall be substituted;(e) in section 73, in sub-section (2), clauses (s) and (t) shall be omitted part x amendment to the finance (no 2) act, 2004233 in the finance (no2) act, 2004 with effect from the 1st day of june, 2016,––20amendment of act 23 of 2004(a) in section 98, in the table, against serial number 4, in item (a), under column(3), for the entry "0017 per cent", the entry "005 per cent" shall be substituted;(b) for section 113a, the following section shall be substituted, namely:—'113a notwithstanding anything contained in this chapter, the provisions of this chapter shall not apply to taxable securities transactions entered into by,––25chapter vii not to apply in certain cases43 of 1961(a) any person for, or on behalf of, the new pension system trust referred to in clause (44) of section 10 of the income-tax act, 1961; or(b) any person on a recognised stock exchange located in an international financial services centre where the consideration for such transaction is paid or payable in foreign currency3028 of 2005explanation––for the purposes of this section, "international financial services centre" shall have the same meaning as assigned to it in clause (q) of section 2 of the special economic zones act, 2005' part xi35 amendment to the finance act, 2005 234 in the finance act, 2005, the seventh schedule shall be amended in the manner specified in the fourteenth scheduleamendment of act 18 of 200540235 in the finance act, 2010,—amendment of act 14 of 2010(i) in chapter vii or in any other law for the time being in force, for the words"clean energy cess", wherever they occur, the words "clean environment cess" shall be substituted;(ii) in the tenth schedule, for the entry in column (4) occurring against all the headings, the entry "rs400 per tonne" shall be substituted part xiii amendment to the foreign contribution (regulation) act, 20105236 in the foreign contribution (regulation) act, 2010, in section 2, in sub-section (1), in clause (j), in sub-clause (vi), the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 26th september, 2010, namely:—amendment of section 2 of act 42 of 201042 of 199910"provided that where the nominal value of share capital is within the limits specified for foreign investment under the foreign exchange management act, 1999, or the rules or regulations made thereunder, then, notwithstanding the nominal value of share capital of a company being more than one-half of such value at the time of making the contribution, such company shall not be a foreign source;"amendment of act 17 of 2013237 in the finance act, 2013, after section 132, the following section shall be inserted, with effect from the 1st day of june, 2016, namely:—15chapter vii not to apply in certain cases20'132a notwithstanding anything contained in this chapter, the provisions of this chapter shall not apply to taxable commodities transactions entered into by any person on a recognised association located in an international financial services centre, where the consideration for such transaction is paid or payable in foreign currency28 of 2005explanation––for the purposes of this section, "international financial services centre" shall have the same meaning as assigned to it in clause (q) of section 2 of the special economic zones, act, 2005'25238 in the finance act, 2015,––amendment of act 20 of 2015(a) in section 4, clause (ii) shall be omitted with effect from the 1st day of april, 2016;(b) with effect from the 1st day of june, 2016,––30(i) in section 122, in sub-section (2), for the words "any credit balance",the words "notwithstanding anything contrary contained in any other law for the time being in force, any credit balance" shall be substituted;(ii) in section 124, sub-section (5) shall be omitted;(iii) in section 128, in sub-section (2), clause (c) shall be omitted part xvi repeal and amendment of certain enactments239 the enactments specified in the fifteenth schedule are hereby repealed or amended to the extent mentioned in the fourth column thereofrepeal and amendment of certain enactmentssavings240 (1) the repeal by this act of the enactments specified in the fifteenth schedule or amendments therein shall not––40(a) affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;5(b) 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;10(c) 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 or recognised or derived by, in or from any enactment hereby repealed;(d) revive 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 force1510 of 1897(2) the mention of particular matters in sub-section (1) 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 repeals241 notwithstanding the repeal or amendment of the enactments specified in the fifteenth schedule, the proceeds of duties levied under the said enactments immediately preceding the date on which the finance bill, 2016 receives the assent of the president,—20collection and payment of arrears of duties(i) if collected by the collecting agencies but not paid into the reserve bank of india; or(ii) if not collected by the collecting agencies, shall be paid or as the case may be, collected and paid into the reserve bank of india for being credited to the consolidated fund of india25 part i income-tax paragraph a(i) in the case of every individual other than the individual referred to in items (ii) and (iii) of this paragraph or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, not being a case to which any other paragraph of this part applies,—rates of income-tax(1)where the total income does not exceed rs 2,50,000nil;(2)where the total income exceeds rs 2,50,000 but does not exceed rs 5,00,00010 per cent of the amount by which the total income exceeds rs 2,50,000;(3)where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000rs 25,000 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000;(4)where the total income exceeds rs 10,00,000rs 1,25,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000(ii) in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year,—rates of income-taxnil;(1) where the total income does not exceed rs 3,00,00010 per cent of the amount by which the total income exceeds rs 3,00,000;(2)where the total income exceeds rs 3,00,000 but does not exceed rs 5,00,000rs 20,000 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000;(3)where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000(4)where the total income exceeds rs 10,00,000rs 1,20,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000(iii) in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the previous year,— rates of income-tax(1) where the total income does not exceed rs 5,00,000nil;(2) where the total income exceeds rs 5,00,000 but does notexceed rs 10,00,00020 per cent of the amount by which the total income exceeds rs 5,00,000;(3)where the total income exceeds rs 10,00,000rs 1,00,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax:provided that in the case of persons mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of every co-operative society,— rates of income-tax(1)where the total income does not exceed rs10,00010 per cent of the total income;(2)where the total income exceeds rs10,000 but does not exceedrs 20,000rs1,000 plus 20 per cent of the amount by which the total income exceeds rs10,000;(3)where the total income exceeds rs 20,000rs 3,000 plus 30 per cent of the amount by which the totalincome exceeds rs 20,000the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section112 of the income-tax act, shall, in the case of every co-operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax:provided that in the case of co-operative society mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of every firm,—rate of income-taxon the whole of the total income30 per centthe amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, in the case of every firm, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax:provided that in the case of firm mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of every local authority,—rate of income-taxon the whole of the total income30 per centthe amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, in the case of every local authority, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax:provided that in the case of local authority mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of a company,—rates of income-taxi in the case of a domestic company30 per cent of the total incomeii in the case of a company other than a domestic company,—(i) on so much of the total income as consists of,—(a) royalties received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976; or(b) fees for rendering technical services received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 29th day of february, 1964 but before the 1st day of april, 1976,50 per cent;and where such agreement has, in either case, been approved by the central government(ii) on the balance, if any, of the total income40 per centthe amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, be increased by a surcharge for the purposes of the union calculated,—(i) in the case of every domestic company,––(a) having a total income exceeding one crore rupees, but not exceeding ten crore rupees, at the rate of seven per cent of such incometax; and(b) having a total income exceeding ten crore rupees, at the rate of twelve per cent of such income-tax;(ii) in the case of every company other than a domestic company,––(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of two per cent of such income-tax; and (b) having a total income exceeding ten crore rupees, at the rate of five per cent of such income-tax:provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees:provided further that in the case of every company having a total income exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees part ii rates for deduction of tax at source in certain casesin every case in which under the provisions of sections 193, 194, 194a, 194b, 194bb, 194d , 194lba, 194lbb, 194lbc and 195 of the income-tax act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to the deduction at the following rates:—rate of income-tax1 in the case of a person other than a company—| ( | a | ) where the person is resident in india— ||-------------------------|-----|----------------------------------------------------------------------------------|| 10 per cent; | | || ( | i | ) on income by way of interest other than "interest on securities" || 30 per cent; | | || ( | ii | ) on income by way of winnings from lotteries, crossword puzzles, card games and || other games of any sort | | || ( | iii | ) on income by way of winnings from horse races || 30 per cent; | | || ( | iv | ) on income by way of insurance commission || 5 per cent; | | || ( | v | ) on income by way of interest payable on— || 10 per cent; | | |(a) any debentures or securities for money issued by or on behalf of any local authority or a corporation established by a central, state or provincial act;(b) any debentures issued by a company where such debentures are listed on a recognised stock exchange in india in accordance with the securities contracts (regulation) act, 1956 (42 of 1956) and any rules made thereunder;(c) any security of the central or state government;(vi) on any other income(b) where the person is not resident in india—(i) in the case of a non-resident indian—(a) on any investment income(b) on income by way of long-term capital gains referred to in section 115e or sub-clause(iii) of clause (c) of sub-section (1) of section 112(c) on income by way of short-term capital gains referred to in section 111a(d) on other income by way of long-term capital gains [not being long-term capital gains referred to in clauses (33), (36) and (38) of section 10]| ( ||------------------------------------------------------------------------------------------|| moneys borrowed or debt incurred by government or the indian concern in foreign currency || (not being income by way of interest referred to in section 194lb or section 194lc) |(f) on income by way of royalty payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (1a) of section 115a of the income-tax act, to the indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1a) of section 115a of the income-tax act, to a person resident in india(g) on income by way of royalty [not being royalty of the nature referred to in sub-item(b)(i)(f)] payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy| ( | h | ) on income by way of fees for technical services payable by government or an ||---------------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------------|| indian concern in pursuance of an agreement made by it with the government or the indian | | || concern and where such agreement is with an indian concern, the agreement is approved by | | || the central government or where it relates to a matter included in the industrial policy, for the | | || time being in force, of the government of india, the agreement is in accordance with that | | || policy | | || ( | i | ) on income by way of winnings from lotteries, crossword puzzles, card games and other || games of any sort | | || ( | j | ) on income by way of winnings from horse races || ( | k | ) on the whole of the other income |(ii) in the case of any other person—| ( | a | ) on income by way of interest payable by government or an indian concern on ||-------------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------------|| moneys borrowed or debt incurred by government or the indian concern in foreign currency | | || (not being income by way of interest referred to in section 194lb or section 194lc) | | || ( | b | ) on income by way of royalty payable by government or an indian concern in pursuance || of an agreement made by it with the government or the indian concern where such royalty is | | || in consideration for the transfer of all or any rights (including the granting of a licence) in | | || respect of copyright in any book on a subject referred to in the first proviso to sub-section | | || ( | 1a | ) of section 115a of the income-tax act, to the indian concern, or in respect of any || computer software referred to in the second proviso to sub-section ( | 1a | ) of section 115a of || the income-tax act, to a person resident in india | | || ( | c | ) on income by way of royalty [not being royalty of the nature referred to in sub-item || ( | b | )( || by it with the government or the indian concern and where such agreement is with an indian | | || concern, the agreement is approved by the central government or where it relates to a matter | | || included in the industrial policy, for the time being in force, of the government of india, the | | || rate of income-tax | | || 10 per cent; | | || 20 per cent; | | || 10 per cent; | | || 15 per cent; | | || 20 per cent; | | || 20 per cent; | | || 10 per cent; | | || 10 per cent; | | || 10 per cent; | | || 30 per cent; | | || 30 per cent; | | || 30 per cent; | | || 20 per cent; | | || 10 per cent; | | || 10 per cent; | | |rate of income-taxagreement is in accordance with that policy10 per cent;(d) on income by way of fees for technical services payable by government or anindian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement isapproved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy30 per cent;(e) on income by way of winnings from lotteries, crossword puzzles, card gamesand other games of any sort30 per cent;(f) on income by way of winnings from horse races (g) on income by way of short-term capital gains referred to in section 111a15 per cent; 10 per cent;(h) on income by way of long-term capital gains referred to in sub-clause (iii) ofclause (c) of sub-section (1) of section 11220 per cent; (i) on income by way of other long-term capital gains [not being long-termcapital gains referred to in clauses (33), (36) and (38) of section 10] (j) on the whole of the other income30 per cent2 in the case of a company—(a) where the company is a domestic company—10 per cent; (i) on income by way of interest other than "interest on securities"30 per cent; (ii) on income by way of winnings from lotteries, crossword puzzles, card gamesand other games of any sort30 per cent; (iii) on income by way of winnings from horse races (iv) on any other income10 per cent;(b) where the company is not a domestic company—30 per cent;(i) on income by way of winnings from lotteries, crossword puzzles, card games andother games of any sort(ii) on income by way of winnings from horse races30 per cent; 20 per cent;(iii) on income by way of interest payable by government or an indian concern onmoneys borrowed or debt incurred by government or the indian concern in foreign currency (not being income by way of interest referred to in section 194lb or section 194lc)10 per cent;(iv) on income by way of royalty payable by government or an indian concern inpursuance of an agreement made by it with the government or the indian concern after the 31st day of march, 1976 where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (1a) of section 115a of the incometax act, to the indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1a) of section 115a of the income-tax act, to a person resident in india(v) on income by way of royalty [not being royalty of the nature referred to in subitem (b)(iv)] payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy—50 per cent;(a) where the agreement is made after the 31st day of march, 1961 but before the 1stday of april, 1976(b) where the agreement is made after the 31st day of march, 197610 per cent;(vi) on income by way of fees for technical services payable by government or anindian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy,rate of income-taxfor the time being in force, of the government of india, the agreement is in accordance with that policy—50 per cent;(a) where the agreement is made after the 29th day of february, 1964 but before the 1stday of april, 197610 per cent;(b) where the agreement is made after the 31st day of march, 1976(vii) on income by way of short-term capital gains referred to in section 111a15 per cent; 10 per cent;(viii) on income by way of long-term capital gains referred to in sub-clause (iii) of clause (c)of sub-section (1) of section 11220 per cent;(ix) on income by way of other long-term capital gains [not being long-term capital gainsreferred to in clauses (33), (36) and (38) of section 10]40 per cent (x) on any other incomeexplanation— for the purpose of item 1(b)(i) of this part, "investment income" and "non-resident indian" shall have the meanings assigned to them in chapter xii-a of the income-tax actthe amount of income-tax deducted in accordance with the provisions of––(i) item 1 of this part, shall be increased by a surcharge, for purposes of the union,––(a) in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, being a non-resident, calculated at the rate of fifteen per cent of such tax; and(b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees; (ii) item 2 of this part shall be increased by a surcharge, for purposes of the union, in the case of every company other than a domestic company, calculated,––(a) at the rate of two per cent of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed ten crore rupees; and(b) at the rate of five per cent of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees part iii rates for charging income-tax in certain cases, deducting income-tax from income chargeable under the head "salaries" and computing "advance tax"in cases in which income-tax has to be charged under sub-section (4) of section 172 of the income-tax act or sub-section (2) of section 174 or section 174a or section 175 or sub-section (2) of section 176 of the said act or deducted from, or paid on, from income chargeable under the head"salaries" under section 192 of the said act or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" [not being "advance tax" in respect of any income chargeable to tax under chapter xii or chapter xii-a or income chargeable to tax under section 115jb or section 115jc or chapter xii-fa or chapter xii- fb or sub-section (1a) of section 161 or section 164 or section 164a or section 167b of the income-tax act at the rates as specified in that chapter or section or surcharge, wherever applicable, on such "advance tax" in respect of any income chargeable to tax under section 115a or section 115ab or section 115ac or section 115aca or section 115ad or section 115b or section 115ba or section 115bb or section 115bba or section 115bbc or section 115bbd or section 115bbda or section 115bbe or section 115bbf or section 115e or section 115jb or section 115jc] shall be charged, deducted or computed at the following rate or rates:—(i) in the case of every individual other than the individual referred to in items (ii) and (iii) of this paragraph or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, not being a case to which any other paragraph of this part applies,— rates of income-tax(1)where the total income does not exceed rs 2,50,000nil;(2)where the total income exceeds rs 2,50,000 but does not exceed rs 5,00,00010 per cent of the amount by which the total income exceeds rs 2,50,000;(3)where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000rs 25,000 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000;(4)where the total income exceeds rs 10,00,000rs 1,25,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000(ii) in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year,— rates of income-tax(1)where the total income does not exceed rs 3,00,000nil;(2)where the total income exceeds rs 3,00,000 but does not exceed rs 5,00,00010 per cent of the amount by which the total income exceeds rs 3,00,000;(3)where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000rs 20,000 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000;(4)where the total income exceeds rs 10,00,000rs 1,20,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000(iii) in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the previous year,— rates of income-taxnil;(1)where the total income does not exceed rs 5,00,00020 per cent of the amount by which the total income exceeds rs 5,00,000;(2)where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000(3)where the total income exceeds rs 10,00,000rs 1,00,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of fifteen per centof such income-tax:provided that in the case of persons mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of every co-operative society,— rates of income-tax(1)where the total income does not exceed rs 10,00010 per cent of the total income;(2)where the total income exceeds rs 10,000 but does not exceed rs 20,000rs 1,000 plus 20 per cent of the amount by which the totalincome exceeds rs 10,000;(3)where the total income exceeds rs 20,000rs 3,000 plus 30 per cent of the amount by which the total income exceeds rs 20,000the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, in the case of every co-operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax:provided that in the case of every co-operative society mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of every firm,—rate of income-taxon the whole of the total income30 per centthe amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, in the case of every firm, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax:provided that in the case of every firm mentioned above having total income exceeding one crore rupees, the total amount payable as incometax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of every local authority,—rate of income-taxon the whole of the total income30 per centthe amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, in the case of every local authority, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per centof such income-tax:provided that in the case of every local authority mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupeesin the case of a company,— rates of income-tax i in the case of a domestic company,—29 per cent of the total income;(i) where its total turnover or the gross receipt in the previous year 2014-15does not exceed five crore rupees;(ii) other than that referred to in item (i)30 per cent of the total income;ii in the case of a company other than a domestic company—(i) on so much of the total income as consists of,—(a) royalties received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976; or(b) fees for rendering technical services received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 29th day of february, 1964 but before the 1st day of april, 1976,50 per cent;and where such agreement has, in either case, been approved by the central government40 per cent(ii) on the balance, if any, of the total incomethe amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 of the income-tax act, shall, be increased by a surcharge for the purposes of the union calculated,––(i) in the case of every domestic company,––(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of seven per cent of such income-tax;and(b) having a total income exceeding ten crore rupees, at the rate of twelve per cent of such income-tax;(ii) in the case of every company other than a domestic company,––(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of two per cent of such income-tax;and(b) having a total income exceeding ten crore rupees, at the rate of five per cent of such income-tax:provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees:provided further that in the case of every company having a total income exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees part iv [see section 2(13)(c)] rules for computation of net agricultural incomerule 1—agricultural income of the nature referred to in sub-clause (a) of clause (1a) of section 2 of the income-tax act shall be computed as if it were income chargeable to income-tax under that act under the head "income from other sources" and the provisions of sections 57 to 59 of that act shall, so far as may be, apply accordingly:provided that sub-section (2) of section 58 shall apply subject to the modification that the reference to section 40a therein shall be construed as not including a reference to sub-sections (3) and (4) of section 40arule 2—agricultural income of the nature referred to in sub-clause (b) or sub-clause (c) of clause (1a) of section 2 of the income-tax act [other than income derived from any building required as a dwelling-house by the receiver of the rent or revenue of the cultivator or the receiver of rentin-kind referred to in the said sub-clause (c)] shall be computed as if it were income chargeable to income-tax under that act under the head "profits and gains of business or profession" and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40a [other than sub-sections (3) and (4) thereof],41, 43, 43a, 43b and 43c of the income-tax act shall, so far as may be, apply accordinglyrule 3—agricultural income of the nature referred to in sub-clause (c) of clause (1a) of section 2 of the income-tax act, being income derived from any building required as a dwelling-house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) shall be computed as if it were income chargeable to income-tax under that act under the head "income from house property" and the provisions of sections 23 to 27 of that act shall, so far as may be, apply accordinglyrule 4—notwithstanding anything contained in any other provisions of these rules, in a case—(a) where the assessee derives income from sale of tea grown and manufactured by him in india, such income shall be computed in accordance with rule 8 of the income-tax rules, 1962, and sixty per cent of such income shall be regarded as the agricultural income of the assessee;(b) where the assessee derives income from sale of centrifuged latex or cenex or latex based crepes (such as pale latex crepe) or brown crepes(such as estate brown crepe, re-milled crepe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed by him from rubber plants grown by him in india, such income shall be computed in accordance with rule 7a of the income-tax rules, 1962, and sixty-five per cent of such income shall be regarded as the agricultural income of the assessee; (c) where the assessee derives income from sale of coffee grown and manufactured by him in india, such income shall be computed in accordance with rule 7b of the income-tax rules, 1962, and sixty per cent or seventy-five per cent, as the case may be, of such income shall be regarded as the agricultural income of the assessee rule 5—where the assessee is a member of an association of persons or a body of individuals (other than a hindu undivided family, a company or a firm) which in the previous year has either no income chargeable to tax under the income-tax act or has total income not exceeding the maximum amount not chargeable to tax in the case of an association of persons or a body of individuals (other than a hindu undivided family, a company or a firm) but has any agricultural income then, the agricultural income or loss of the association or body shall be computed in accordance with these rules and the share of the assessee in the agricultural income or loss so computed shall be regarded as the agricultural income or loss of the assesseerule 6—where the result of the computation for the previous year in respect of any source of agricultural income is a loss, such loss shall be set off against the income of the assessee, if any, for that previous year from any other source of agricultural income:provided that where the assessee is a member of an association of persons or a body of individuals and the share of the assessee in the agricultural income of the association or body, as the case may be, is a loss, such loss shall not be set off against any income of the assessee from any other source of agricultural incomerule 7—any sum payable by the assessee on account of any tax levied by the state government on the agricultural income shall be deducted in computing the agricultural incomerule 8—(1) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 2016, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of april, 2008 or the 1st day of april, 2009 or the 1st day of april, 2010 or the 1st day of april, 2011 or the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015, is a loss, then, for the purposes of sub-section (2) of section 2 of this act,—(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2008, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2009 or the 1st day of april, 2010 or the 1st day of april, 2011 or the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015,(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2009, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2010 or the 1st day of april, 2011 or the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015,(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2010, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2011 or the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015,(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015,(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015,(vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2013, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2014 or the 1st day of april, 2015,(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2014, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2015,(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2015, shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of april, 2016(2) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 2017, or, if by virtue of any provision of the income-tax act, income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of april, 2009 or the 1st day of april, 2010 or the 1st day of april, 2011 or the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016, is a loss, then, for the purposes of sub-section (10) of section 2 of this act,—(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2009, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2010 or the 1st day of april, 2011 or the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016,(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2010, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2011 or the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016,(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2012 or the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016,(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016,(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2013, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016,(vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2014, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2015 or the 1st day of april, 2016,(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2015, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 2016,(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2016, shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of april, 2017(3) where any person deriving any agricultural income from any source has been succeeded in such capacity by another person, otherwise than by inheritance, nothing in sub-rule (1) or sub-rule (2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule (1) or, as the case may be, sub-rule (2)(4) notwithstanding anything contained in this rule, no loss which has not been determined by the assessing officer under the provisions of these rules or the rules contained in the first schedule to the finance act, 2008 (18 of 2008) or of the first schedule to the finance (no 2) act, 2009 (33 of 2009) or of the first schedule to the finance act, 2010 (14 of 2010) or of the first schedule to the finance act, 2011 (8 of 2011) or of the first schedule to the finance act, 2012 (23 of 2012) or of the first schedule to the finance act, 2013 (17 of 2013) or of the first schedule to the finance (no 2) act, 2014 (25 of 2014) or of the first schedule to the finance act, 2015 (20 of 2015) shall be set off under sub-rule (1)or, as the case may be, sub-rule (2)rule 9—where the net result of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultural income shall be deemed to be nilrule 10—the provisions of the income-tax act relating to procedure for assessment (including the provisions of section 288a relating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the assessee as they apply in relation to the assessment of the total incomerule 11—for the purposes of computing the net agricultural income of the assessee, the assessing officer shall have the same powers as he has under the income-tax act for the purposes of assessment of the total income 139) the second schedule (see section 136)sl no notification number and date amendment date of effect of amendment (1) (2) (3) (4) 27th april, 2000 in the said notification, in the opening paragraph, for the words, figures and letter "under sections 3, 8 and 9a", the words, figures and letters "under sections 3, 8b and 9a" shall be substituted 1 gsr 367 (e) , dated the 27th april, 2000 [51/2000-customs, dated the 27th april, 2000] 19th april, 2002 in the said notification, in the opening paragraph, for the words, figures and letter "under sections 3, 8 and 9a", the words, figures and letters "under sections 3, 8b and 9a" shall be substituted 2 gsr 292(e), dated the 19th april, 2002 [43/2002-customs, dated the 19th april, 2002] 1st april, 2003 in the said notification, in the table, in column (3), against s no4, for the words, figures and letter "under sections 3, 8 and 9a", the words, figures and letters "under sections 3, 8b and 9a" shall be substituted 3 gsr 281 (e), dated the 1st april, 2003 [57/2003-customs, dated the 1st april, 2003] 10th september, 2004 in the said notification, in paragraph 2, for the words, figures and letter "under sections 3, 8 and 9a", the words, figures and letters "under sections 3, 8b and 9a" shall be substituted 4 gsr 604 (e), dated the 10th september, 2004 [91/2004-customs, dated the 10th september, 2004] 10th september, 2004 in the said notification, in the opening paragraph, for the words, figures and letter "under sections 3, 8 and 9a", the words, figures and letters "under sections 3, 8b and 9a" shall be substituted 5 gsr 606(e), dated the 10th september, 2004 [93/2004-customs, dated the 10th september, 2004] 1st may, 2006 6 in the said notification, in the opening paragraph, for the words, figures and letter "under sections 3, 8 and 9a", the words, figures and letters "under sections 3, 8b and 9a" shall be substituted gsr 260 (e), dated the 1st may, 2006 [40/2006-customs, dated the 1st may, 2006] �in the first schedule to the customs tariff act,––(1) in chapter 27, in the supplementary note,––(a) in clause (e), for the figures "1460:2000", the figures "1460:2005" shall be substituted; (b) in clause (f), for the figures "1460", the figures "15770:2008" shall be substituted;(2) in chapter 40,––(a) for the entry in column (4) occurring against tariff item 4016 95 90, the entry "20%" shall be substituted; (b) for the entry in column (4) occurring against tariff item 4016 99 90, the entry "20%" shall be substituted;(3) in chapter 58, in heading 5801,–(a) in sub-heading 5801 37, the entry in column (2) "--- warp pile fabrics, 'epingle' (uncut):" shall be omitted; (b) for tariff items 5801 37 11 and 5801 37 19 and the entries relating thereto, the following shall be substituted, namely:–| (1) | (2) | (3) | (4) | (5) ||-------|-------|-------|-------|-------|"5801 37 10--- warp pile fabrics, uncut m²10% or rs140 per sq metre -";whichever is higher(4) in chapter 71,—(a) in heading 7104, for the tariff item 7104 90 00 and the entries relating thereto, the following shall be substituted, namely:—| (1) | (2) | (3) | (4) | (5) ||-------|-------|-------|-------|-------|"7104 90 - other:| 7104 90 10 | --- laboratory-created or laboratory grown or | c/k | 10% | - ||-------------------------------------------|--------------------------------------------------|-------|-------|-----|| manmade or cultured or synthetic diamonds | | | | || 7104 90 90 | --- other | kg | 10% | -"; |(b) for the entry in column (4) occurring against all the tariff items of heading 7117, the entry "15%" shall be substituted;(5) in chapter 76, for the entry in column (4) occurring against all tariff items of headings 7601, 7603, 7604, 7605, 7606 and 7607, the entry"75%" shall be substituted;(6) in chapter 79, for the entry in column (4) occurring against all tariff items of sub-heading 7901 20, the entry "75%" shall be substituted;(7) in chapter 84,––(i) for the entry in column (4) occurring against all tariff items of heading 8402, the entry "10%" shall be substituted; (ii) for the entry in column (4) occurring against all tariff items of heading 8404, the entry "10%" shall be substituted; (iii) for the entry in column (4) occurring against all tariff items (except tariff item 8406 10 00) of heading 8406, the entry "10%" shall be substituted; (iv) for the entry in column (4) occurring against all tariff items of heading 8410, the entry "10%" shall be substituted; (v) for the entry in column (4) occurring against all tariff items (except tariff items 8411 11 00, 8411 12 00, 8411 21 00, 8411 22 00and 8411 91 00) of heading 8411, the entry "10%" shall be substituted; (vi) for the entry in column (4) occurring against tariff items 8412 80 19, 8412 80 20, 8412 80 30 and 8412 80 90 of heading 8412, the entry "10%" shall be substituted; (vii) for the entry in column (4) occurring against tariff item 8419 19 20, the entry "10%" shall be substituted;(8) in chapter 85,––(i) for the entry in column (4) occurring against all tariff items of heading 8501, the entry "10%" shall be substituted; (ii) for the entry in column (4) occurring against all tariff items (except tariff items 8502 11 00, 8502 20 10 and 8502 40 00) of heading8502, the entry "10%" shall be substituted;(iii) for the entry in column (4) occurring against all tariff items (except tariff item 8503 00 90) of heading 8503, the entry "10%" shall be substituted;(iv) for the entry in column (4) occurring against all tariff items (except tariff items 8504 31 00, 8504 32 00, 8504 40 10, 8504 40 30, 850450 10 and 8504 50 90) of heading 8504, the entry "10%" shall be substituted;(v) in heading 8525, the tariff item 8525 50 50 and the entries relating thereto shall be omitted;(vi) for the entry in column (4) occurring against all tariff items (except tariff items under sub-headings 8535 40 and8535 90) of heading 8535, the entry "10%" shall be substituted;(vii) for the entry in column (4) occurring against all tariff items (except tariff items 8536 10 10, 8536 41 00, 8536 61 10, 8536 61 90,8536 69 10, 8536 69 90 and 8536 70 00) of heading 8536, the entry "10%" shall be substituted;(viii) for the entry in column (4) occurring against all tariff items of heading 8537, the entry "10%" shall be substituted; (ix) for the entry in column (4) occurring against all tariff items (except tariff items 8544 42 91, 8544 42 92, 8544 42 93, 8544 42 99, 854470 10 and 8544 70 90) of heading 8544, the entry "10%" shall be substituted;(x) for the entry in column (4) occurring against all tariff items of heading 8546, the entry "10%" shall be substituted; and(xi) for the entry in column (4) occurring against all tariff items of heading 8547, the entry "10%" shall be substituted;(9) in chapter 90, for the entry in column (4) occurring against tariff items 9028 90 10, 9030 31 00, 9030 90 10, 9032 89 10 and 9032 8990, the entry "10%" shall be substituted;(10) in chapter 95,—(a) for the entry in column (4) occurring against tariff item 9503 00 90, the entry "20%" shall be substituted; (b) for the entry in column (4) occurring against tariff item 9505 10 00, the entry "20%" shall be substituted; (c) for the entry in column (4) occurring against tariff item 9505 90 90, the entry "20%" shall be substituted; the fourth schedule [see section 141 (ii)]| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |in the first schedule to the customs tariff act, 1975,—(1) in chapter 3,—(i) in note 1, in clause (c), for the words "livers and roes", the words "livers, roes and milt" shall be substituted; (ii) in heading 0301, for tariff items 0301 93 00 and the entries relating thereto, the following shall be substituted, namely:—"0301 93 00 - -carp (cyprinus spp, carassius spp, ctenopharyngodonkg30% - ";idellus,hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp)(iii) for heading 0302, tariff items 0302 11 00 to 0302 85 00, sub-heading 0302 89, tariff items 0302 89 10 to 0302 90 00 and the entries relating thereto, the following shall be substituted, namely:—| " | 0302 | fish, fresh or chilled, excluding fish fillets and ||------------------------------------------------------------------------|-------------------------------------------------------------------|--------------------------------------------------------|| other fish meat of heading 0304 | | || - | salmonidae, excluding edible fish offal of sub-headings 0302 91 | || to 0302 99: | | || 0302 11 00 | - - | trout ( || oncorhyncus aguabonita, oncorhyncus gilae, oncorhyncus apache | | || and oncorhyncus chrysogaster | ) | || 0302 13 00 | - - | pacific salmon ( || oncorhynchus keta, oncorhynchus tschawytscha, oncorhynchus | | || kisutch, oncorhynchus masou and oncorhynchus rhodurus | ) | || 0302 14 00 | - - | atlantic salmon ( || 0302 19 00 | - - | other || - | flat fish (pleuronectidae, bothidae, cynoglossidae, soleidae, | || scophthalmidae and citharidae), excluding edible fish offal of sub- | | || headings 0302 91 to 0301 99: | | || 0302 21 00 | - - | halibut ( || hippoglossus stenolepis | ) | || 0302 22 00 | - - | plaice || 0302 23 00 | - - | sole || 0302 24 00 | - - | turbots ( || 0302 29 00 | - - | other || - | tunas (of the genus thunnus), skipjack or stripe-bellied bonito | || (euthynnus (katsuwonus) pelamis), excluding edible fish offal of sub- | | || headings 0302 91 to 0301 99: | | || 0302 31 00 | - - | albacore or long finned tunas || 0302 32 00 | | || - - | yellowfin tunas | (thunnus albacares) || 0302 33 00 | - - | skipjack or stripe-bellied bonito || 0302 34 00 | - - | bigeye tunas || 0302 35 00 | - - | atlantic and pacific bluefin tunas || 0302 36 00 | - - | southern bluefin tunas || tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------------------|------------------------------------------------------------------|---------------------------|-----------------------------------------------------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 0302 39 00 | - - | other | kg || - | herrings (clupea harengus, clupea pallasii), anchovies | | || (engraulis spp), sardines (sardina pilchardus, sardinops spp), | | | || sardinella (sardinella spp), brisling or sprats (sprattus sprattus), | | | || mackerel (scomber scombrus, scomber australasicus, scomber | | | || japonicus), indian mackerels (rastrelliger spp), seerfishes | | | || (scomberomorus spp), jack and horse mackerel (trachurus spp), | | | || jacks, crevalles (caranx spp), cobia (rachycentron canadum), silver | | | || pomfrets (pampus spp), pacific saury (cololabis saira), scads | | | || (decapterus spp), capelin (mallotus villosus), sword fish (xiphias | | | || gladius), kawakawa (euthynnus affinis), bonitos (sarda spp), | | | || marlins, sailfishes, spearfish (istiophoridae), excluding edible fish | | | || offal of sub-headings 0302 91 to 0302 99: | | | || 0302 41 00 | - - | herrings ( | clupea harengus, clupea pallasii || 0302 42 00 | - - | anchovies | (engraulis spp) || 0302 43 00 | - - | sardines ( | sardina pilchardus, sardinops spp || ( | sardinella spp | ), brisling or sprats ( | sprattus sprattus || 0302 44 00 | - - | mackerel ( | scomber scombrus, scomber australasicus, || scomber japonicus | ) | | || 0302 45 00 | - - | jack and horse mackerel ( | trachurus spp || 0302 46 00 | - - | cobia ( | rachycentron canadum || 0302 47 00 | - - | sword fish ( | xiphias gladius || 0302 49 00 | - - | other | kg || - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | | || macrouridae, melanonidae, merlucciidae, moridae and | | | || muraenolepididae, excluding edible fish offal of sub-headings 0302 91 | | | || to 0302 99: | | | || 0302 51 00 | - - | cod | (gadus morhua, gadus ogac, gadus macrocephalus) || 0302 52 00 | - - | haddock | (melangrammus aegllefinus) || 0302 53 00 | - - | coal fish ( | pollachinus virens || 0302 54 00 | - - | hake | (merluccius spp, urophycis spp) || 0302 55 00 | - - | alaska pollack | || (theragra chalcogramma) | kg | 30% | - || 0302 56 00 | - - | blue whittings ( | micromesistius poutassou, micromesistius australis || 0302 59 00 | - - | other | kg || - | tilapias (oreochromis spp), catfish (pangasius spp, silurus | | || spp, clarias spp, ictalurus spp), carp (cyprinus spp, carassius | | | || spp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus | | | || spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus | | | || hasselti, leptobarbus hoeveni, megalobrama spp), eels (anguilla | | | || spp), nile perch (lates niloticus) and snakeheads (channa spp), | | | || excluding edible fish offal of sub-headings 0302 91 to 0302 99: | | | || 0302 71 00 | - - | tilapias | (oreochromis spp), || 0302 72 00 | - - | catfish | (pangasius spp, silurus spp, clarias spp, ictalurus spp) || 0302 73 00 | - - | carp | (cyprinus spp, carassius spp, ctenopharyngodon idellus, || hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, | | | || catla catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, | | | || megalobrama spp): | | | || tariff item | description of goods | unit | rate of duty ||---------------|--------------------------------------------------------------------------|---------------------------------------------------------|----------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 0302 74 00 | - - | eels | (anguilla spp) || 0302 79 00 | - - | other | kg || - | other fish exculding edible fish offal of sub-headings 0302 91 | | || to 0302 99: | | | || 0302 81 00 | - - | dogfish and other sharks | kg || 0302 82 00 | - - | rays and skates | (rajidae) || 0302 83 00 | - - | tooth fish ( | dissostichus spp || 0302 84 00 | - - | seabass | (dicentrarchus spp) || 0302 85 00 | - - | seabream | (sparidae) || 0302 89 | - - | other: | || 0302 89 10 | - - - | hilsa ( | tenualosa ilisha || 0302 89 20 | - - - | dara | kg || 0302 89 30 | - - - | pomfret | kg || 0302 89 90 | - - - | other | kg || - | livers, roes, milt, fish fins, heads, tails, maws and other edible | | || fish offal: | | | || 0302 91 | - - | livers, roes and milt: | || 0302 91 10 | - - - | livers, roes and milt | kg || 0302 92 | - - | shark fins: | || 0302 92 10 | - - - | shark fins | kg || 0302 99 | - - | other: | || 0302 99 10 | - - - | fish fins other than shark fins; heads, tails and maws | kg || 0302 99 90 | - - - | other edible fish offal | kg |(iv) for heading 0303, tariff items 0303 11 00 to 0303 69 00, sub-heading 0303 81, tariff items 0303 81 10 to 0303 84 00, sub-heading0303 89, tariff items 0303 89 10 to 0303 89 99, sub-heading 0303 90, tariff items 0303 90 10 to 0303 90 90 and the entries relating thereto, the following shall be substituted, namely:—| " | 0303 | fish, frozen, excluding fish fillets and other ||-----------------------------------------------------------|-----------------------------------------------------------------|----------------------------------------------------|| fish meat of heading 0304 | | || - | salmonidae, excluding edible fish offal of sub-headings | || 0303 91 to 0303 99: | | || 0303 11 00 | - - | sockeye salmon || 0303 12 00 | - - | other pacific salmon ( || keta, oncorhynchus tschawytscha, oncorhynchus kisutch, | | || oncorhynchus masou and oncorhynchus rhodurus | ) | || 0303 13 00 | - - | atlantic salmon || 0303 14 00 | - - | trout ( || clarkii, oncorhynchus aguabonita, oncorhynchus gilae, | | || oncorhynchus apache and oncorhynchus chrysogaster | ) | || 0303 19 00 | - - | other || - | tilapias (oreochromis spp), catfish (pangasius spp, silurus | || tariff item | description of goods | unit | rate of duty ||---------------------------------------------------------------------------|------------------------------------------------------------------|--------------------------------------|---------------------------------------------------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || spp, clarias spp, ictalurus spp), carp (cyprinus carpio, carassius | | | || carassius, ctenopharyngodon idellus, hypophthalmichthys spp, | | | || cirrhinus spp, mylopharyngodon piceus, catla catla, labeo spp, | | | || osteochilus hasselti, leptobarbus hoeveni, megalobroma spp, eels | | | || (anguilla spp), nile perch (lates niloticus) and snakeheads, (channa | | | || spp), excluding edible fish offal of sub-headings 0303 91 to 0303 99: | | | || 0303 23 00 | - - | tilapias ( | oreochromis spp || 0303 24 00 | - - | catfish ( | pangasius spp, silurus spp, clarias spp, ictalurus spp || 0303 25 00 | - - | carp ( | cyprinus carpio, carassius carassius, ctenopharyngodon || idellus, hypophthalmichthys spp, cirrhinus spp, mylopharyngodon | | | || piceus, catla catla, labeo spp, osteochilus hasselti, leptobarbus | | | || hoeveni, megalobroma spp | ) | | || 0303 26 00 | - - | eels | (anguilla spp) || 0303 29 00 | - - | other | kg || - | flat fish (pleuronectidae, bothidae, cynoglossidae, soleidae, | | || scophthalmidae and citharidae), excluding edible fish offal of sub- | | | || headings 0303 91 to 0303 99: | | | || 0303 31 00 | - - | halibut ( | rheinhardtius hippoglossidae, hippoglossus hippoglossus, || hippoglossus stenolepis | ) | | || 0303 32 00 | - - | plaice | (pleuronectes platessa) || 0303 33 00 | - - | sole | (solea spp) || 0303 34 00 | - - | turbots ( | psetta maxima || 0303 39 00 | - - | other | kg || - | tunas (of the genus thunnus), skipjack or stripe-bellied bonito | | || (euthynnus (katsuwonus) pelamis), excluding edible fish offal of sub- | | | || headings 0303 91 to 0303 99: | | | || 0303 41 00 | - - | albacore or long finned tunas | (thunnus alalunga) || 0303 42 00 | - - | yellowfin tunas | (thunnus albacares) || 0303 43 00 | - - | skipjack or stripe-bellied bonito | kg || 0303 44 00 | - - | bigeye tunas | (thunnus obesus) || 0303 45 00 | - - | atlantic and pacific bluefin tunas ( | thunnus thynnus, thunnus || orientalis | | | || ) | | | || 0303 46 00 | - - | southern bluefin tunas | (thunnus maccoyii) || 0303 49 00 | - - | other | kg || - | herrings (clupea harengus, clupea pallasii), anchovies | | || (engraulis spp), sardines (sardina pilchardus, sardinops spp), | | | || sardinella (sardinella spp), brisling or sprats (sprattus sprattus), | | | || mackerel (scomber scombrus, scomber australasicus, scomber | | | || japonicus), indian mackerels (rastrelliger spp), seerfishes | | | || (scomberomorus spp), jack and horse mackerel (trachurus spp), | | | || jacks, crevalles (caranx spp), cobia (rachycentron canadum), silver | | | || pomfrets (pampus spp), pacific saury (cololabis saira), scads | | | || (decapterusspp), capelin (mallotus villosus), sword fish (xiphias | | | || gladius), kawakawa (euthynnus affinis), bonitos (sarda spp), | | | || marlins, sailfishes, spearfish (istiophoridae), excluding edible fish | | | || offal of sub-headings 0303 91 to 0303 99: | | | || tariff item | description of goods | unit | rate of duty ||-------------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------|----------------------------------------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 0303 51 00 | - - | herrings ( | clupea harengus, clupea pallasii || 0303 53 00 | - - | sardines ( | sardina pilchardus, sardinops spp || (sardinella spp), brisling or sprats (sprattus sprattus) | | | || 0303 54 00 | - - | mackerel ( | scomber scombrus, scomber australasicus, || scomber japonicus | ) | | || 0303 55 00 | - - | jack and horse mackerel | (trachurus spp) || 0303 56 00 | - - | cobia | (rachycentron canadum) || 0303 57 00 | - - | sword fish ( | xiphias gladius || 0303 59 00 | - - | other | kg || - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | | || macrouridae, melanonidae, merlucciidae, moridae and | | | || muraenolepididae, excluding edible fish offal of sub-headings 0303 91 | | | || to 0303 99: | | | || 0303 63 00 | - - | cod ( | gadus morhua, gadus ogac, gadus macrocephalus || 0303 64 00 | - - | haddock | (melanogrammus aeglefinus) || 0303 65 00 | - - | coal fish ( | pollachius virens) || 0303 66 00 | - - | hake ( | merluccius spp, urophycis spp || 0303 67 00 | - - | alaska pollack | (theragra chalcogramma) || 0303 68 00 | - - | blue whitings ( | micromesistius poutassou, micromesistiusaustralis || 0303 69 00 | - - | other | kg || - | other fish, excluding edible fish offal of sub-headings 0303 91 | | || to 0303 99: | | | || 0303 81 | - - | dogfish and other sharks: | || 0303 81 10 | - - - | dogfish | kg || 0303 81 90 | - - - | other sharks | kg || - | | | || 0303 82 00 | - - | rays and skates | (rajidae) || 0303 83 00 | - - | tooth fish ( | dissostichus spp || 0303 84 00 | - - | seabass | (dicentrarchus spp) || 0303 89 | - - | other: | || 0303 89 10 | - - - | hilsa ( | tenualosa ilisha || 0303 89 20 | - - - | dara | kg || 0303 89 30 | - - - | ribbon fish | kg || 0303 89 40 | - - - | seer | kg || 0303 89 50 | - - - | pomfret (white or silver or black) | kg || 0303 89 60 | - - - | ghol | kg || 0303 89 70 | - - - | threadfin | kg || 0303 89 80 | - - - | croakers, groupers and flounders | kg || 0303 89 90 | - - - | other | kg || - | livers, roes, milt, fish fins, heads, tails, maws and other | | || edible fish offal: | | | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-----------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 0303 91 | - - | livers, roes and milt: | || 0303 91 10 | - - - | egg or egg yolk of fish | kg || 0303 91 90 | - - - | other | kg || 0303 92 | - - | shark fins: | || 0303 92 10 | - - - | shark fins | kg || 0303 99 | - - | other: | || 0303 99 10 | - - - | fish fins other than shark fins, heads, tails and maws | kg || 0303 99 90 | - - - | other edible fish offal | kg |(v) in heading 0304,—(a) for the entry in column (2) occurring after the entry against heading 0304, the following shall be substituted, namely:—| " ||--------------------------------------------------------------------------|| (pangasius spp, silurus spp, clarias spp, ictalurus spp), carp || (cyprinus spp, carassius spp, ctenopharyngodon idellus, || hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, || catla catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, || megalobrama spp), eels (anguilla spp), nile perch (lates niloticus) || and snakeheads (channa spp):"; |(b) for tariff items 0304 46 00 to 0304 99 00 and the entries relating thereto, the following shall be substituted, namely:—| "0304 46 00 | - - | tooth fish ( | dissostichus spp | ) | kg | 30% | - ||------------------------------------------------------------------------|---------------------------|------------------------------------------------------------------|---------------------|----------------|--------------------------|-------|------|| 0304 47 00 | - - | dogfish and other sharks | kg | 30% | - | | || 0304 48 00 | - - | rays and skates ( | rajidae | ) | kg | 30% | - || 0304 49 | - - | other: | | | | | || 0304 49 10 | - - - | hilsa | (tenualosa ilisha) | kg | 30% | - | || 0304 49 30 | - - - | seer | kg | 30% | - | | || 0304 49 40 | - - - | tuna | kg | 30% | - | | || 0304 49 90 | - - - | other | kg | 30% | - | | || - | other, fresh or chilled: | | | | | | || 0304 51 00 | - - | tilapias ( | oreochromis spp | ), catfish ( | pangasius spp, silurus | kg | 30% || spp, clarias spp, ictalurus spp | ), carp ( | cyprinus spp, carassius | | | | | || spp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus | | | | | | | || spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus | | | | | | | || hasselti, leptobarbus hoeveni, megalobrama spp) | , eels ( | anguilla | | | | | || spp | ), nile perch ( | lates niloticus | ) and snakeheads ( | channa spp | ) | | || 0304 52 00 | | | | | | | || - - | salmonidae | kg | 30% | - | | | || 0304 53 00 | - - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | kg | 30% | - | | || macrouridae, melanonidae, merlucciidae, moridae and | | | | | | | || muraenolepididae | | | | | | | || 0304 54 00 | - - | sword fish ( | xiphias gladius | ) | kg | 30% | - || 0304 55 00 | - - | tooth fish ( | dissostichus spp | ) | kg | 30% | - || tariff item | description of goods | unit | rate of duty ||-------------------------------------------------------------------------|--------------------------------------------------------------------|--------------------------|---------------------------------------------------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 0304 56 00 | - - | dogfish and other sharks | kg || 0304 57 00 | - - | rays and skates ( | rajidae || 0304 59 | - - | other: | || 0304 59 10 | - - - | hilsa | (tenualosa ilisha) || 0304 59 30 | - - - | seer | kg || 0304 59 40 | - - - | tuna | kg || 0304 59 90 | - - - | other | kg || - | frozen fillets of tilapias (oreochromis spp), catfish (pangasius | | || spp, silurus spp, clarias spp, ictalurus spp), carp (cyprinus | | | || spp, | | carassius | spp, || hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, | | | || catla catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, | | | || megalobrama spp), eels (anguilla spp), nile perch (lates niloticus) | | | || and snakeheads (channa spp): | | | || 0304 61 00 | - - | tilapias ( | oreochromis spp || 0304 62 00 | - - | catfish ( | pangasius spp, silurus spp, clarias spp, ictalurus spp || 0304 63 00 | - - | nile perch | (lates niloticus) || 0304 69 00 | - - | other | kg || - | frozen fillets of fish of bregmacerotidae, euclichthyidae, | | || gadidae, macrouridae, melanonidae, merlucciidae, moridae and | | | || muraenolepididae: | | | || 0304 71 00 | - - | cod ( | gadus morhua, gadus ogac, gadus macrocephalus || 0304 72 00 | - - | haddock | (melanogrammus aeglefinus) || 0304 73 00 | - - | coal fish ( | pollachius virens) || 0304 74 00 | - - | hake ( | merluccius spp, urophycis spp || 0304 75 00 | - - | alaska pollack | (theragra chalcogramma) || 0304 79 00 | - - | other | kg || - | frozen fillets of other fish: | | || 0304 81 00 | - - | pacific salmon ( | oncorhynchus nerka, oncorhynchus gorbuscha, || kg | 30% | - | || oncorhynchus keta, oncorhynchus tschawytscha, oncorhynchus | | | || kisutch, oncorhynchus masou and oncorhynchus rhodurus | ), atlantic | | || salmon ( | salmo salar | ) and danube salmon ( | hucho hucho || 0304 82 00 | - - | trout ( | salmo trutta, oncorhynchus mykiss, oncorhynchus || clarkii, oncorhynchus aguabonita, oncorhynchus gilae, | | | || oncorhynchus apache and oncorhynchus chrysogaster | ) | | || 0304 83 00 | - - | flat fish | (pleuronectidae, bothidae, cynoglossidae, soleidae, || scophthalmidae and citharidae) | | | || 0304 84 00 | - - | sword fish ( | xiphias gladius || 0304 85 00 | - - | tooth fish ( | dissostichus spp || 0304 86 00 | - - | herrings ( | clupea harengus, clupea pallasii || 0304 87 00 | - - | tunas (of the genus | thunnus || tariff item | description of goods | unit | rate of duty ||------------------------------------------------------------------------|--------------------------------|------------------------------------------------------------------|-----------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || ( | euthynnus (katsuwonus) pelamis | ) | || 0304 88 | - - | dogfish, other sharks rays and skates (rajidae): | || 0304 88 10 | - - - | dogfish | kg || 0304 88 20 | - - - | other sharks | kg || 0304 88 30 | - - - | rays and skates | (rajidae) || 0304 89 | - - | other: | || 0304 89 10 | - - - | hilsa | (tenualosa ilisha) || 0304 89 30 | - - - | seer | kg || 0304 89 40 | - - - | tuna | kg || 0304 89 90 | - - - | other | kg || - | other, frozen: | | || 0304 91 00 | - - | sword fish ( | xiphias gladius || 0304 92 00 | - - | tooth fish ( | dissostichus spp || 0304 93 00 | - - | tilapias ( | oreochromis spp || spp, clarias spp, ictalurus spp | ), carp ( | cyprinus spp, carassius | || spp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus | | | || spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus | | | || hasselti, leptobarbus hoeveni, megalobrama spp | ), eels ( | anguilla | || spp | ), nile perch ( | lates niloticus | ) and snakeheads ( || 0304 94 00 | - - | alaska pollack ( | theragra chalcogramma || 0304 95 00 | - - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | kg || macrouridae, melanonidae, merlucciidae, moridae and | | | || muraenolepididae, alaska pollack ( | theragra chalcogramma | ) | || 0304 96 00 | - - | dogfish and other sharks | kg || 0304 97 00 | - - | rays and skates | (rajidae) || 0304 99 00 | - - | other | kg || - "; | | | |(vi) in heading 0305,—(a) for tariff item 0305 20 00 and the entries relating thereto, the following shall be substituted, namely:—| "0305 20 00 | - | livers, roes and milt of fish, dried, smoked, salted or in brine | kg | 30% | - "; ||---------------|------|------------------------------------------------------------------------|-------|-------|----------|(b) for tariff item 0305 31 00 and the entries relating thereto, the following shall be substituted, namely:—"0305 31 00 - -tilapias (oreochromis spp), catfish (pangasius spp, siluruskg30% - ";spp, clarias spp, ictalurus spp), carp (cyprinus spp, carassiusspp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp), eels (anguilla spp), nile perch (lates niloticus) and snakeheads (channa spp)(c) for tariff item 0305 44 00 and the entries relating thereto, the following shall be substituted, namely:—"0305 44 00 - -tilapias (oreochromis spp), catfish (pangasius spp, siluruskg30% - ";spp, clarias spp, ictalurus spp), carp (cyprinus spp, carassius| tariff item | description of goods | unit | rate of duty ||------------------------------------------------------------------------|------------------------|-----------------|--------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || spp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus | | | || spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus | | | || hasselti, leptobarbus hoeveni, megalobrama spp | ), eels ( | anguilla | || spp | ), nile perch ( | lates niloticus | ) and snakeheads ( |(d) after tariff item 0305 51 00 and the entries relating thereto, the following shall be inserted, namely:—"0305 52 00 - -tilapias (oreochromis spp), catfish (pangasius spp, siluruskg30% -spp, clarias spp, ictalurus spp), carp (cyprinus spp, carassius spp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp), eels (anguillaspp), nile perch (lates niloticus) and snakeheads (channa spp)0305 53 00 - -fish of the families bregmacerotidae, euclichthyidae, gadidae,kg30% -macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae, other than cod ( gadus morhua, gadus ogac, gadus macrocephalus)0305 54 00 - -herrings (clupea harengus, clupea pallasii), anchovieskg30% - ";(engraulis spp), sardines (sardina pilchardus, sardinops spp), sardinella (sardinella spp), brisling or sprats (sprattus sprattus),mackerel (scomber scombrus, scomber australasicus, scomber japonicus), indian mackerels (rastrelliger spp), seerfishes(scomberomorus spp), jack and horse mackerel (trachurus spp),jacks, crevalles (caranx spp), cobia (rachycentron canadum), silver pomfrets (pampus spp), pacific saury (cololabis saira), scads(decapterus spp), capelin (mallotus villosus), sword fish (xiphiasgladius), kawakawa (euthynnus affinis), bonitos (sarda spp), marlins, sailfishes, spearfish (istiophoridae)(e) for tariff item 0305 64 00 and the entries relating thereto, the following shall be substituted, namely:—| "0305 64 00 | - - | tilapias ( | oreochromis spp | ), catfish ( ||------------------------------------------------------------------------|-------------------|---------------------------|--------------------|-----------------|| - "; | | | | || spp, clarias spp, ictalurus spp | ), carp ( | cyprinus spp, carassius | | || spp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus | | | | || spp, mylopharyngodon piceus, catla catla, labeo spp, osteochilus | | | | || hasselti, leptobarbus hoeveni, megalobrama spp | ), eels ( | anguilla | | || spp | ), nile perch ( | lates niloticus | ) and snakeheads ( | channa spp) |(vii) in heading 0306, for tariff items 0306 19 00 to 0306 29 00 and the entries relating thereto, the following shall be substituted, namely:—| "0306 19 00 | - - | other, including flours, meals and pellets of crustaceans, fit | kg | 30% | - ||---------------------------|--------------------------|---------------------------------------------------------------------|---------------------------------|-------|-------|| for human consumption | | | | | || - | live, fresh or chilled: | | | | || 0306 31 00 | - - | rock lobster and other sea crawfish ( | palinurus spp, jasus spp | ) | kg || 0306 32 00 | - - | lobsters | ( homarus spp) | kg | 30% || 0306 33 00 | - - | crabs | kg | 30% | - || 0306 34 00 | - - | norway lobsters | (nephrops norvegicus) | kg | 30% || 0306 35 00 | - - | cold water shrimps and prawns ( | pandalus spp, crangon crangon | ) | kg || 0306 36 00 | - - | other shrimps and prawns | kg | 30% | - || 0306 39 00 | - - | other, including flours, meals and pellets of crustaceans, | kg | 30% | - || fit for human consumption | | | | | || tariff item | description of goods | unit | rate of duty ||---------------------------|------------------------|---------------------------------------------------------------|----------------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || - | other: | | || 0306 91 00 | - - | rock lobster and other sea crawfish ( | palinurus spp, jasus spp || 0306 92 00 | - - | lobsters | ( homarus spp) || 0306 93 00 | - - | crabs | kg || 0306 94 00 | - - | norway lobsters | (nephrops norvegicus) || 0306 95 00 | - - | shrimps and prawns | kg || 0306 99 00 | - - | other, including flours, meals and pellets of crustaceans, | kg || fit for human consumption | | | |(viii) in heading 0307,—(a) after tariff item 0307 11 00 and the entries relating thereto, the following shall be inserted, namely:—| "0307 12 00 | - - | frozen | kg | 30% | - "; ||---------------|----------|----------|-------|-------|---------|(b) after tariff item 0307 21 00 and the entries relating thereto, the following shall be inserted, namely:—| "0307 22 00 | - - | frozen | kg | 30% | - "; ||---------------|----------|----------|-------|-------|---------|(c) after tariff item 0307 31 00 and the entries relating thereto, the following shall be inserted, namely:—| "0307 32 00 | - - | frozen | kg | 30% | - "; ||---------------|----------|----------|-------|-------|---------|(d) for tariff items 0307 39 90 to 0307 49 90 and the entries relating thereto, the following shall be substituted, namely:—| "0307 39 90 | - - - | other | kg | 30% | - ||----------------|------------------------|--------------------------|-------|-------|-------|| - | cuttle fish and squid: | | | | || 0307 42 | - - | live, fresh or chilled: | | | || 0307 42 10 | - - - | cuttle fish | kg | 30% | - || 0307 42 20 | - - - | squid | kg | 30% | - || 0307 43 | - - | frozen: | | | || 0307 43 10 | - - - | cuttle fish | kg | 30% | - || 0307 43 20 | - - - | whole squids | kg | 30% | - || 0307 43 30 | - - - | squid tubes | kg | 30% | - || 0307 49 | - - | other: | | | || 0307 49 10 | - - - | cuttle fish | kg | 30% | - || 0307 49 20 | - - - | whole squids | kg | 30% | - || 0307 49 30 | - - - | squid tubes | kg | 30% | - || 0307 49 40 | - - - | dried squids | kg | 30% | - || 0307 49 90 | - - - | other | kg | 30% | - "; |(e ) after tariff item 0307 51 00 and the entries relating thereto, the following shall be inserted, namely:—| "0307 52 00 | - - | frozen | kg | 30% | - "; ||---------------|----------|----------|-------|-------|---------|(f ) after tariff item 0307 71 00 and the entries relating thereto, the following shall be inserted, namely:—| "0307 72 00 | - - | frozen | kg | 30% | - "; ||---------------|----------|----------|-------|-------|---------|| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |(g) for tariff items 0307 79 00 to 0307 89 00 and the entries relating thereto, the following shall be substituted, namely:—| "0307 79 00 | - - | other | kg | 30% | - ||---------------|----------------------------------------------------------------|--------------------------------------------|-----------------|-------|-------|| - | abalone (haliotis spp) and stromboid conchs (strombus spp): | | | | || 0307 81 00 | - - | live, fresh or chilled abalone ( | haliotis spp | ) | kg || 0307 82 00 | - - | live, fresh or chilled stromboid conchs ( | strombus spp | ) | kg || 0307 83 00 | - - | frozen abalone | (haliotis spp) | kg | 30% || 0307 84 00 | - - | frozen stromboid conchs | (strombus spp) | kg | 30% || 0307 87 00 | - - | other abalone | (haliotis spp) | kg | 30% || 0307 88 00 | - - | other stromboid conchs | (strombus spp) | kg | 30% |(h ) after tariff item 0307 91 00 and the entries relating thereto, the following shall be inserted, namely:—| "0307 92 00 | - - | frozen | kg | 30% | - "; ||---------------|----------|----------|-------|-------|---------|(ix) in heading 0308,—(a) for the entry in column (2) occurring after the entry against heading 0308, the following shall be substituted, namely:—"- sea cucumbers (stichopus japonicus, holothuroidea):";(b) after tariff item 0308 11 00 and the entries relating thereto, the following shall be inserted, namely:—| "0308 12 00 | - - | frozen | kg | 30% | - "; ||--------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------|-------------------------|-------|-------|---------|| (c) for tariff items 0308 19 00 to 0308 21 00 and the entries relating thereto, the following shall be substituted, namely:— | | | | | || "0308 19 00 | - - | other | kg | 30% | - || - | sea urchins (strongylocentrotus spp, paracentrotus lividus, | | | | || loxechinus albus, echinus esculentus): | | | | | || 0308 21 00 | - - | live, fresh or chilled | kg | 30% | - || 0308 22 00 | - - | frozen | kg | 30% | - "; |(2) in chapter 4, in note 4,—(a) in clause (a), the word "or"shall be omitted; (b) after clause (a), the following clause shall be inserted, namely:—"(b) products obtained from milk by replacing one or more of its natural constituents (for example, butyric fats) by another substance(for example, oleic fats) (heading 1901 or 2106); or"; (c) the existing clause (b) shall be re-lettered as (c );(3) in chapter 5, for note 4, the following note shall be substituted, namely:—"4 throughout the schedule, the expression "horsehair" means hair of the manes or tails of equine or bovine animals heading 0511 covers, inter alia, horsehair and horsehair waste, whether or not put up as a layer with or without supporting material"; (4) in chapter 8, in heading 0805, for tariff item 0805 20 00 and the entries relating thereto, the following shall be substituted, namely:—"- mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids:| 0805 21 00 | - - | mandarins (including tangerines and satsumas) | kg | 30% | - ||--------------|--------|--------------------------------------------------|-------|-------|-------|| 0805 22 00 | - - | clementines | kg | 30% | - || 0805 29 00 | - - | other | kg | 30% | - "; || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |(5) in chapter 12,—(i) for heading 1211 and the entries relating thereto, the following shall be substituted, namely:—| " ||-------------------------------------------------------|| fruits), of a kind used primarily in perfumery, in || pharmacy or for insecticidal, fungicidal or || similar purpose, fresh, chilled, frozen or dried, || whether or not cut, crushed or powdered"; |(ii) after tariff item 1211 40 00 and the entries relating thereto, the following shall be inserted, namely:—| "1211 50 00 | - | ephedra | kg | 30% | - "; ||---------------|-------|-----------|-------|-------|---------|(6) in chapter 13, in heading 1302, after tariff item 1302 13 00 and the entries relating thereto, the following shall be inserted, namely:—| "1302 14 00 | - - | of ephedra | kg | 30% | - "; ||---------------|--------|--------------|-------|-------|---------|(7) in chapter 16,—(i) in sub-heading note 1, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted;(ii) in heading 1604, after tariff item 1604 17 00 and the entries relating thereto, the following shall be inserted, namely:—| "1604 18 00 | - - | shark fins | kg | 30% | - "; ||---------------|---------|--------------|-------|-------|---------|(8) in chapter 19, for sub-heading 1901 10 and the entries relating thereto, the following shall be substituted, namely:—"1901 10 -preparations suitable for infants or young children, put up for retail sale:";(9) in chapter 20,—(i) in sub-heading note 1, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted;(ii) in sub-heading note 2, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted;(10) in chapter 21, in sub-heading note 3, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted ;(11) in chapter 22,—(i) for sub-heading 2202 90, tariff items 2202 90 10 to 2202 90 90 and the entries relating thereto, the following shall be substituted, namely:—| | | | | " - | other: ||------------|-------|---------------------------------------------------------|----|-------|----------|| 2202 91 00 | - - | non alcoholic beer | l | 30% | - || 2202 99 | - - | other: | | | || 2202 99 10 | - - - | soya milk drinks, whether or not sweetened or flavoured | l | 30% | - || 2202 99 20 | - - - | fruit pulp or fruit juice based drink | l | 30% | - || 2202 99 30 | - - - | beverages containing milk | l | 30% | - || 2202 99 90 | - - - | other | l | 30% | - "; |(ii) after tariff item 2204 21 90 and the entries relating thereto, the following shall be inserted, namely:—| | | | "2204 22 | - - | in containers holding more than 2 l but not more than 10 l: ||-------------|-------|------------------------------|------------|--------|---------------------------------------------------------------|| 2204 22 10 | - - - | port and other red wines | l | 150% | - || 2204 22 20 | - - - | sherry and other white wines | l | 150% | - || 2204 22 90 | - - - | other | l | 150% | - "; || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |(iii) for tariff item 2206 00 00 and the entries relating thereto, the following shall be substituted, namely:—| " ||---------------------------------------------|| perry, mead, sake); mixtures of fermented || beverages and non-alcoholic beverages, not || elsewhere specified or included |(12) in chapter 27,—(i) for sub-heading note 4, the following shall be substituted, namely:—'4 for the purposes of sub-heading 2710 12, "light oils and preparations"are those of which 90 % or more by volume (including losses)distil at 210 °c according to the iso 3405 method (equivalent to the astm d 86 method)';(ii) for tariff item 2707 50 00 and the entries relating thereto, the following shall be substituted, namely:—| "2707 50 00 ||-----------------------------------------------------------------------|| by volume (including losses) distils at 250 °c by the iso 3405 method || (equivalent to the astm d 86 method) |(13) in chapter 28,—(i) for note 7, the following shall be substituted, namely:—"7 heading 2853 includes copper phosphide (phosphor copper) containing more than 15 % by weight of phosphorus";(ii) after tariff item 2811 11 00 and the entries relating thereto, the following shall be inserted, namely:—| "2811 12 00 | - - | hydrogen cyanide (hydrocyanic acid ) | kg | 10% | - "; ||---------------|---------|----------------------------------------|-------|-------|---------|(iii) tariff item 2811 19 10 and the entries relating thereto shall be omitted; (iv) for sub-heading 2812 10, tariff items 2812 10 10 to 2812 90 00 and the entries relating thereto, the following shall be substituted, namely:—| | | | | "- | chlorides and chloride oxides: ||------------|-------|--------------------------------|-----|------|----------------------------------|| 2812 11 00 | - - | carbonyl dichloride (phosgene) | kg | 10% | - || 2812 12 00 | - - | phosphorous oxychloride | kg | 10% | - || 2812 13 00 | - - | phosphorous trichloride | kg | 10% | - || 2812 14 00 | - - | phosphorous pentachloride | kg | 10% | - || 2812 15 00 | - - | sulphur monochloride | kg | 10% | - || 2812 16 00 | - - | sulphur dichloride | kg | 10% | - || 2812 17 00 | - - | thionyl chloride | kg | 10% | - || 2812 19 | - - | other: | | | || 2812 19 10 | - - - | sulpur oxychloride | kg | 10% | - || 2812 19 20 | - - - | silicon tetrachloride | kg | 10% | - || 2812 19 30 | - - - | arsenous trichloride | kg | 10% | - || 2812 19 90 | - - - | other | kg | 10% | - || 2812 90 00 | - | other | kg | 10% | -"; |(v) the heading 2848, sub-heading 2848 00, tariff items 2848 00 10 to 2848 00 90 and the entries relating thereto shall be omitted; (vi) for heading 2853, sub-heading 2853 00, tariff items 2853 00 10 to 2853 00 99 and the entries relating thereto, the following shall be substituted, namely:— "2853 phosphides, whether or not chemically defined, excluding ferrophosphorus; other inorganic compounds (including distilled or conductivity| tariff item | description of goods | unit | rate of duty ||------------------------------------------------|------------------------|-------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || water and water of similar purity); liquid air | | | || (whether or not rare gases have been removed); | | | || compressed air; amalgams, other than amalgams | | | || of precious metals | | | || 2853 10 00 | - | cyanogen chloride (chlorcyan) | kg || 2853 90 | - | other: | || 2853 90 10 | - - - | distilled or conductivity water and water of similar purity | kg || 2853 90 20 | - - - | liquid air, whether or not rare gases have been removed | kg || 2853 90 30 | - - - | compressed air | kg || 2853 90 40 | - - - | amalgams, other than of precious metals | kg || 2853 90 90 | - - - | other | kg |(14) in chapter 29,—(i) after tariff item 2903 82 00 and the entries relating thereto, the following shall be inserted, namely:—| "2903 83 00 | - - | mirex (iso) | kg | 10% | - "; ||---------------|---------|---------------|-------|-------|---------|(ii) after tariff item 2903 92 29 and the entries relating thereto, the following shall be inserted, namely:—| "2903 93 00 | - - | pentachlorobenzene (iso) | kg | 10% | - ||---------------|---------|----------------------------|-------|-------|-------|| 2903 94 00 | - - | hexabromobiphenyls | kg | 10% | - "; |(iii) in heading 2904,—(a) after tariff item 2904 20 90 and the entries relating thereto, the following shall be inserted, namely:—| | | | " | - | perfluorooctane sulphonic acid, its salts and perfluorooctane sulphonyl fluoride: ||------------|-----|-----------------------------------------------|-----|-------|--------------------------------------------------------------------------------------|| 2904 31 00 | - - | perfluorooctane sulphonic acid | kg | 10% | - || 2904 32 00 | - - | ammonium perfluorooctane sulphonate | kg | 10% | - || 2904 33 00 | - - | lithium perfluorooctane sulphonate | kg | 10% | - || 2904 34 00 | - - | potassium perfluorooctane sulphonate | kg | 10% | - || 2904 35 00 | - - | other salts of perfluorooctane sulphonic acid | kg | 10% | - || 2904 36 00 | - - | perfluorooctane sulphonyl fluoride | kg | 10% | - "; |(b) for sub-heading 2904 90, tariff items 2904 90 10 to 2904 90 90 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | other: ||------------|--------------------------|-------------------------------------------|-----|-------|----------|| 2904 91 00 | - - | trichloronitromethane (chloropicrin) | kg | 10% | - || 2904 99 | - - | other: | | | || 2904 99 10 | - - - | 2, 5 dichloronitrobenzene | kg | 10% | - || 2904 99 20 | - - - | dinitrochlorebenzene | kg | 10% | - || 2904 99 30 | - - - | meta nitrochlorobenzene | kg | 10% | - || 2904 99 40 | | | | | || - - - | ortho nitrochlorobenzene | kg | 10% | - | || 2904 99 50 | - - - | para nitrochlorobenzene | kg | 10% | - || 2904 99 60 | - - - | 2-nitrochlorotoluene | kg | 10% | - || 2904 99 70 | - - - | sodium meta nitrochlorobenzene sulphonate | kg | 10% | - || 2904 99 90 | - - - | other | kg | 10% | - "; || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |(iv) after tariff item 2910 40 00 and the entries relating thereto, the following shall be inserted, namely:—| "2910 50 00 | - | endrin (iso) | kg | 10% | - "; ||---------------|-------|----------------|-------|-------|---------|(v) in heading 2914,—(a) after tariff item 2914 61 00 and the entries relating thereto, the following shall be inserted, namely:—| "2914 62 00 | - - | coenzyme q10 (ubidecarenone (inn)) | kg | 10% | - "; ||---------------|---------|--------------------------------------|-------|-------|---------|(b) for sub-heading 2914 70, tariff items 2914 70 10 to 2914 70 90 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | halogenated, sulphonated, nitrated or nitrosated derivatives: ||------------|-------|------------------------|-----|------|-------------------------------------------------------------------|| 2914 71 00 | - - | chlordecone (iso) | kg | 10% | - || 2914 79 | - - | other: | | | || 2914 79 10 | - - - | 1-chloro anthraquinone | kg | 10% | - || 2914 79 20 | - - - | musk ketone | kg | 10% | - || 2914 79 90 | - - - | other | kg | 10% | - "; |(vi) after tariff item 2918 16 90 and the entries relating thereto, the following shall be inserted, namely:—| "2918 17 00 | - - | 2, 2-diphenyl-2-hydroxyacetic acid (benzilic acid) | kg | 10% | - "; ||---------------|--------|------------------------------------------------------|-------|-------|---------|(vii) for sub-heading 2920 90, tariff items 2920 90 10 to 2920 90 44 and the entries relating thereto, the following shall be substituted, namely:—| " | - | phosphite esters and their salts; their halogenated, sulphonated, ||-------------------------------------|-------|----------------------------------------------------------------------|| nitrated or nitrosated derivatives: | | || 2920 21 00 | - - | dimethyl phosphite || 2920 22 00 | - - | diethyl phosphite || 2920 23 00 | - - | trimethyl phosphite || 2920 24 00 | - - | triethyl phosphite || 2920 29 | - - | other: || 2920 29 10 | - - - | dimethyl sulphate || 2920 29 20 | - - - | diethyl sulphate || 2920 29 30 | - - - | tris (2, 3 dibromopropyl) phosphate || 2920 29 90 | - - - | other || 2920 30 00 | - | endosulfan (iso) |(viii) for sub-heading 2921 19, tariff items 2921 19 11 to 2921 19 90 and the entries relating thereto, the following shall be substituted, namely:—| "2921 12 00 | - - | 2-(n, n-dimethylamino)ethylchloride hydrochloride | kg | 10% | - ||---------------|--------|------------------------------------------------------|-------|-------|-------|| 2921 13 00 | - - | 2-(n, n-diethylamino)ethylchloride hydrochloride | kg | 10% | - || 2921 14 00 | - - | 2-(n, n-diisopropylamino)ethylchloride hydrochloride | kg | 10% | || - | | | | | || 2921 19 | - - | other: | | | || 2921 19 10 | - - - | 2-chloro n, n-diisopropyl ethylamine | kg | 10% | - || 2921 19 20 | - - - | 2-chloro n, n-dimethyl ethanamine | kg | 10% | - || 2921 19 90 | - - - | other | kg | 10% | - "; |(ix) for sub-heading 2922 12, tariff items 2922 12 10 to 2922 12 90 and the entries relating thereto, the following shall be substituted, namely:—| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || "2922 12 00 | - - | diethanolamine and its salts | kg |(x) for sub-heading 2922 13, tariff items 2922 13 10 to 2922 13 90, tariff item 2922 14 00, sub-heading 2922 19, tariff items 2922 19 40to 2922 19 90 and the entries relating thereto, the following shall be substituted, namely:—| "2922 14 00 | - - | dextropropoxyphene (inn) and its salts | kg | 10% | - ||---------------|--------|-----------------------------------------------|-------|-------|-------|| 2922 15 00 | - - | triethanolamine | kg | 10% | - || 2922 16 00 | - - | diethanolammonium perfluorooctane sulphonate | kg | 10% | - || 2922 17 | - - | methyldiethanolamine and ethyldiethanolamine: | | | || 2922 17 10 | - - - | methyldiethanolamine | kg | 10% | - || 2922 17 20 | - - - | ethyldiethanolamine | kg | 10% | - || 2922 18 00 | - - | 2-(n, n-diisopropylamino) ethanol | kg | 10% | - || 2922 19 | - - | other: | | | || 2922 19 10 | - - - | 2-hydroxy n, n-diisopropyl ethylamine | kg | 10% | - || 2922 19 90 | - - - | other | kg | 10% | - "; |(xi) after tariff item 2923 20 90 and the entries relating thereto, the following shall be inserted, namely:—| "2923 30 00 | - | tetraethylammonium perfluorooctane sulphonate | kg | 10% | - ||---------------|-------|----------------------------------------------------|-------|-------|-------|| 2923 40 00 | - | didecyldimethylammonium perfluorooctane sulphonate | kg | 10% | - "; |(xii) after tariff item 2924 24 00 and the entries relating thereto, the following shall be inserted, namely:—| "2924 25 00 | - - | alachlor (iso) | kg | 10% | - "; ||---------------|--------|------------------|-------|-------|---------|(xiii) after tariff item 2926 30 00 and the entries relating thereto, the following shall be inserted, namely:—| "2926 40 00 | - | alpha-phenylacetoacetonitrile | kg | 10% | - "; ||---------------|-------|---------------------------------|-------|-------|---------|(xiv) for tariff item 2930 50 00 and the entries relating thereto, the following shall be substituted, namely:—| "2930 60 00 | - | 2-(n, n-diethylamino)ethanethiol | kg | 10% | - ||---------------|-------|---------------------------------------------------------|-------|-------|-------|| 2930 70 00 | - | bis(2-hydroxyethyl)sulfide (thiodiglycol (inn)) | kg | 10% | - || 2930 80 00 | - | aldicarb (iso), captafol (iso) and methamidophos (iso) | kg | 10% | - "; |(xv) after tariff item 2931 20 00 and the entries relating thereto, the following shall be inserted, namely:—| | | | " | - | other organo-phosphorous derivatives: ||---------------------------|-----|--------------------------------------------------------------------------|-----|------|-----------------------------------------|| 2931 31 00 | - - | dimethyl methylphosphonate | kg | 10% | - || 2931 32 00 | - - | dimethyl propylphosphonate | kg | 10% | - || 2931 33 00 | - - | diethyl ethylphosphonate | kg | 10% | - || 2931 34 00 | - - | sodium 3-(trihydroxysilyl)propyl methylphosphonate | kg | 10% | - || 2931 35 00 | - - | 2, 4, 6-tripropyl-1, 3, 5, 2, 4, 6-trioxatriphosphinane 2, 4, 6-trioxide | kg | 10% | - || 2931 36 00 | - - | (5-ethyl-2-methyl-2-oxido-1, 3, 2-dioxaphosphinan-5-yl)methyl | kg | 10% | - || methyl methylphosphonate | | | | | || 2931 37 00 | - - | bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2-dioxaphosphinan-5-yl) | kg | 10% | - || methyl] methylphosphonate | | | | | || 2931 38 00 | - - | salt of methylphosphonic acid and (aminoiminomethyl)urea (1: 1) | kg | 10% | - || 2931 39 00 | - - | other | kg | 10% | - "; |(xvi) after tariff item 2932 13 00 and the entries relating thereto, the following shall be inserted, namely:—| "2932 14 00 | - - | sucralose | kg | 10% | - "; ||---------------|--------|-------------|-------|-------|---------|| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |(xvii) after tariff item 2933 91 00 and the entries relating thereto, the following shall be inserted, namely:—| "2933 92 00 | - - | azinphos-methyl (iso) | kg | 10% | - "; ||---------------|--------|-------------------------|-------|-------|---------|(xviii) for heading 2935, sub-heading 2935 00, tariff items 2935 00 11 to 2935 00 90 and the entries relating thereto, the following shall be substituted, namely:—| | | | | "2935 | sulphonamides ||---------------------------------|------------------------------------------------------------|---------------------------------------------------------|-----|---------|-----------------|| 2935 10 00 | - | n-methylperfluorooctane sulphonamide | kg | 10% | - || 2935 20 00 | - | n-ethylperfluorooctane sulphonamide | kg | 10% | - || 2935 30 00 | - | n-ethyl-n-(2-hydroxyethyl) perfluorooctane sulphonamide | kg | 10% | - || 2935 40 00 | - | n-(2-hydroxyethyl)-n-methylperfluorooctane sulphonamide | kg | 10% | - || 2935 50 00 | - | other perfluorooctane sulphonamides | kg | 10% | - || 2935 90 | - | other: | | | || - - - | sulphamethoxazole, sulphafurazole, sulphadiazine, | | | | || sulphadimidine, sulphacetamide: | | | | | || 2935 90 11 | - - - - | sulphamethoxazole | kg | 10% | - || 2935 90 12 | - - - - | sulphafurazole | kg | 10% | - || 2935 90 13 | - - - - | sulphadiazine | kg | 10% | - || 2935 90 14 | - - - - | sulphadimidine | kg | 10% | - || 2935 90 15 | - - - - | sulphacetamide | kg | 10% | - || - - - | sulphamethoxypyridarine, sulphamethiazole, sulphamoxole, | | | | || sulphamide: | | | | | || 2935 90 21 | - - - - | sulphamethoxypyridarine | kg | 10% | - || 2935 90 22 | - - - - | sulphamethiazole | kg | 10% | - || 2935 90 23 | - - - - | sulphamoxole | kg | 10% | - || 2935 90 24 | - - - - | sulphamide | kg | 10% | - || 2935 90 90 | - - - | other | kg | 10% | - "; |(xix) for the tariff item 2937 31 00 and the entries relating thereto, the following shall be substituted, namely:—| "2937 31 00 | - - | epinephrine | kg | 10% | 10% "; ||---------------|--------|---------------|-------|-------|----------|(xx) in the entry under column (2) occurring after tariff item 2937 90 90 and the entries relating thereto, the word "vegetable" shall be omitted;(xxi) for heading 2939 and the entries relating thereto, the following shall be substituted, namely:— "2939 alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives";(xxii) for tariff items 2939 69 00 to 2939 99 00 and the entries relating thereto, the following shall be substituted, namely:—| "2939 69 00 | - - | other | kg | 10% | - ||----------------------------------------------------------------------|-----------------------------|---------------------------------------------------------------|-------|-------|-------|| - | other, of vegetal origin: | | | | || 2939 71 00 | - - | cocaine, ecgonine, levometamfetamine, metamfetamine (inn), | kg | 10% | || - | | | | | || metamfetamine racemate; salts, esters and other derivatives thereof | | | | | || 2939 79 00 | - - | other | kg | 10% | - || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 2939 80 00 | - | other | kg |(15) in chapter 30,—(i) after note 4, the following shall be inserted, namely:—"sub-heading notes:1 for the purposes of sub-headings 3002 13 and 3002 14, the following are to be treated:(a) as unmixed products, pure products, whether or not containing impurities; (b) as products which have been mixed:(1) the products mentioned in (a) above dissolved in water or in other solvents;(2) the products mentioned in (a) and (b) (1) above with an added stabiliser necessary for their preservation or transport; and (3) the products mentioned in (a), (b) (1) and (b) (2) above with any other additive2 sub-headings 3003 60 and 3004 60 cover medicaments containing artemisinin (inn) for oral ingestion combined with other pharmaceutical active ingredients, or containing any of the following active principles, whether or not combined with other pharmaceutical active ingredients: amodiaquine (inn); artelinic acid or its salts; artenimol (inn); artemotil (inn); artemether (inn);artesunate (inn); chloroquine (inn); dihydroartemisinin (inn); lumefantrine (inn); mefloquine (inn); piperaquine (inn); pyrimethamine (inn) or sulfadoxine (inn)";(ii) for sub-heading 3002 10, tariff items 3002 10 11 to 3002 10 99 and the entries relating thereto, the following shall be substituted, namely:—| " | - | antisera, other blood fractions and immunological products, ||---------------------------------------------------------------------|-------|----------------------------------------------------------------|| whether or not modified or obtained by biotechnological processes: | | || 3002 11 00 | - - | malaria diagnostic test kits || 3002 12 | - - | antisera and other blood fractions: || 3002 12 10 | - - - | for diphtheria || 3002 12 20 | - - - | for tetanus || 3002 12 30 | - - - | for rabies || 3002 12 40 | - - - | for snake venom || 3002 12 90 | - - - | other || 3002 13 | - - | immunological products, unmixed, not put up in measured || doses or in forms or packings for retail sale: | | || 3002 13 10 | - - - | immunological products, unmixed, not put up in measured || doses or in forms or packings for retail sale | | || 3002 14 | - - | immunological products, mixed, not put up in measured doses || or in forms or packings for retail sale: | | || 3002 14 10 | - - - | immunological products, mixed, not put up in measured doses || or in forms or packings for retail sale | | || 3002 15 00 | - - | immunological products, put up in measured doses or in forms || or packings for retail sale | | || 3002 19 00 | - - | other |(iii) for tariff items 3003 20 00 to 3003 40 00 and the entries relating thereto, the following shall be substituted, namely:—| "3003 20 00 | - | other, containing antibiotics | kg | 10% | 10% ||---------------|----------------------------------------------------------------|----------------------------------|-------|-------|-------|| - | other, containing hormones or other products of heading 2937: | | | | || 3003 31 00 | - - | containing insulin | kg | 10% | 10% || tariff item | description of goods | unit | rate of duty ||------------------------------------|------------------------------------------------------|----------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 3003 39 00 | - - | other | kg || - | other, containing alkaloids or derivatives thereof: | | || 3003 41 00 | - - | containing ephedrine or its salts | kg || 3003 42 00 | - - | containing pseudoephedrine (inn) or its salts | kg || 3003 43 00 | - - | containing norephedrine or its salts | kg || 3003 49 00 | - - | other | kg || 3003 60 00 | - | other, containing antimalarial active principles described in | kg || sub-heading note 2 to this chapter | | | |(iv) in heading 3004,—(a) for sub-heading 3004 20 and the entries relating thereto, the following shall be substituted, namely:—| "3004 20 | - - | other, containing antibiotics:"; ||------------|---------|-------------------------------------|(b) for tariff item 3004 20 99, sub-heading 3004 31 and the entries relating thereto, the following shall be substituted, namely:—| "3004 20 99 | - - - - | other ||---------------|-----------------------------------------------------------------|-----------------------|| - | other, containing hormones and other products of heading 2937: | || 3004 31 | - - | containing insulin:"; |(c) for sub-heading 3004 40, tariff items 3004 40 10 to 3004 40 90 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | other, containing alkaloids or derivatives thereof: ||------------|-------|-------------------------------------------------------------------|-----|------|--------------------------------------------------------|| 3004 41 00 | - - | containing ephedrine or its salts | kg | 10% | 10% || 3004 42 00 | - - | containing pseudoephedrine (inn) or its salts | kg | 10% | 10% || 3004 43 00 | - - | containing norephedrine or its salts | kg | 10% | 10% || 3004 49 | - - | other: | | | || 3004 49 10 | - - - | atropin and salts thereof | kg | 10% | 10% || 3004 49 20 | - - - | caffein and salts thereof | kg | 10% | 10% || 3004 49 30 | - - - | codeine and derivatives, with or without ephidrine hydrochloride | kg | 10% | 10% || 3004 49 40 | - - - | ergot preparations, ergotamine and salts thereof | kg | 10% | 10% || 3004 49 50 | - - - | papavarine hydrochloride | kg | 10% | 10% || 3004 49 60 | - - - | bromohexin and solbutamol | kg | 10% | 10% || 3004 49 70 | - - - | theophylline and salts thereof | kg | 10% | 10% || 3004 49 90 | - - - | other | kg | 10% | 10%"; |(d) for sub-heading 3004 50 and the entries relating thereto, the following shall be substituted, namely:—"3004 50 -other, containing vitamins or other products of heading 2936:";(e) after tariff item 3004 50 90 and the entries relating thereto, the following shall be inserted, namely:—| "3004 60 00 ||-------------------------------------|| sub-heading note 2 to this chapter |(16) in chapter 31, in heading 3103, for tariff item 3103 10 00 and the entries relating thereto, the following shall be substituted, namely:—"-superphosphates:| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 3103 11 00 | - - | containing by weight 35 % or more of diphosphorus pentaoxide | kg || (p | | | || 2 | | | || o | | | || 5 | | | || ) | | | || 3103 19 00 | - - | other | kg |(17) in chapter 37, in heading 3705, for tariff item 3705 10 00, sub-heading 3705 90, tariff items 3705 90 10 and 3705 90 90 and the entries relating thereto, the following shall be substituted, namely:—| " ||---------------------------------------------|| developed, other than cinematographic film |(18) in chapter 38,—(i) for sub-heading notes 1 and 2, the following shall be substituted, namely:—' sub-heading notes:1 sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of the following substances: alachlor(iso); aldicarb (iso); aldrin (iso); azinphos-methyl (iso); binapacryl (iso); camphechlor (iso) (toxaphene); captafol (iso); chlordane (iso); chlordimeform (iso); chlorobenzilate (iso); ddt (iso) (clofenotane (inn), 1, 1, 1-trichloro-2, 2-bis(p-chlorophenyl)ethane); dieldrin (iso, inn); 4, 6- dinitro-o-cresol (dnoc (iso)) or its salts; dinoseb (iso), its salts or its esters; endosulfan (iso); ethylene dibromide (iso) (1, 2-dibromoethane); ethylene dichloride (iso) (1, 2-dichloroethane); fluoroacetamide (iso); heptachlor (iso); hexachlorobenzene (iso); 1, 2, 3, 4, 5, 6- hexachlorocyclohexane (hch (iso)), including lindane (iso, inn); mercury compounds; methamidophos (iso); monocrotophos (iso); oxirane (ethylene oxide); parathion (iso); parathion-methyl (iso) (methylparathion); penta- and octabromodiphenyl ethers; pentachlorophenol (iso), its salts or its esters; perfluorooctane sulphonic acid and its salts;perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (iso); 2, 4, 5-t (iso) (2, 4, 5-trichlorophenoxyacetic acid), its salts or its esters; tributyltin compoundssub-heading 3808 59 also covers dustable powder formulations containing a mixture of benomyl (iso), carbofuran (iso) and thiram(iso)2 sub-headings 3808 61 to 3808 69 cover only goods of heading 3808, containing alpha-cypermethrin (iso), bendiocarb (iso), bifenthrin (iso), chlorfenapyr (iso), cyfluthrin (iso), deltamethrin (inn, iso), etofenprox (inn), fenitrothion (iso), lambdacyhalothrin (iso), malathion (iso), pirimiphos-methyl (iso) or propoxur (iso)3 sub-headings 3824 81 to 3824 88 cover only mixtures and preparations containing one or more of the following substances: oxirane(ethylene oxide), polybrominated biphenyls (pbbs), polychlorinated biphenyls (pcbs), polychlorinated terphenyls (pcts), tris(2, 3-dibromopropyl) phosphate, aldrin (iso), camphechlor (iso) (toxaphene), chlordane (iso), chlordecone (iso), ddt (iso)(clofenotane (inn), 1, 1, 1-trichloro-2, 2-bis(pchlorophenyl)ethane), dieldrin (iso, inn), endosulfan (iso), endrin (iso), heptachlor (iso), mirex (iso), 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (hch (iso)), including lindane (iso, inn), pentachlorobenzene (iso), hexachlorobenzene (iso), perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides, perfluorooctane sulphonyl fluoride or tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers4 for the purposes of tariff items 3825 41 00 and 3825 49 00, "waste organic solvents"are wastes containing mainly organic solvents, not fit for further use as presented as primary products, whether or not intended for recovery of solvents';(ii) for sub-heading 3808 50 and tariff item 3808 50 00 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | goods specified in sub-heading note 1 to this chapter: ||-----------------------------|--------------------------------------------------------|--------------------------------------------------------------|-----|-----|----------------------------------------------------------|| 3808 52 00 | - - | ddt (iso) (clofenotane (inn)), in packings of a net weight | kg | 10% | - || content not exceeding 300 g | | | | | || 3808 59 00 | - - | other | kg | 10% | - || - | goods specified in sub-heading note 2 to this chapter: | | | | || 3808 61 00 | - - | in packings of a net weight content | kg | 10% | - || not exceeding 300 g | | | | | || 3808 62 00 | - - | in packings of a net weight content exceeding 300 g but not | kg | 10% | - || exceeding 75 kg | | | | | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 3808 69 00 | - - | other | kg |(iii) for sub-heading 3812 30 and tariff items 3812 30 10 to 3812 30 90 and the entries relating thereto, the following shall be substituted, namely:—| " | - | anti-oxidising preparations and other compound stabilizers for ||---------------------|-------|------------------------------------------------------------------------|| rubber or plastics: | | || 3812 31 00 | - - | mixtures of oligomers of 2, 2, 4-trimethyl-1, 2-dihydroquinoline (tmq) || 3812 39 | - - | other: || 3812 39 10 | - - - | anti-oxidants for rubber || 3812 39 20 | - - - | softeners for rubber || 3812 39 30 | - - - | vulcanizing agents for rubber || 3812 39 90 | - - - | other |(iv) for tariff items 3824 79 00 to 3824 83 00, sub-heading 3824 90, tariff items 3824 90 11 to 3824 90 90 and the entries relating thereto, the following shall be substituted, namely:—| "3824 79 00 | - - | other | kg | 10% | - ||----------------------------------------------------------------------------|-------------------------------------------------------------------------|-----------------------------------------------------------------------|-------|-------|-----|| - | goods specified in sub-heading note 3 to this chapter: | | | | || 3824 81 00 | - - | containing oxirane (ethylene oxide) | kg | 10% | - || 3824 82 00 | - - | containing polychlorinated biphenyls (pcbs), polychlorinated | kg | 10% | - || terphenyls (pcts) or polybrominated biphenyls (pbbs) | | | | | || 3824 83 00 | - - | containing tris(2, 3-dibromopropyl) phosphate | kg | 10% | - || 3824 84 00 | - - | containing aldrin (iso), camphechlor (iso) (toxaphene), | kg | 10% | - || chlordane (iso), chlordecone (iso), ddt (iso) (clofenotane (inn), | | | | | || 1, 1, 1- trichloro-2, 2-bis(p-chlorophenyl)ethane), dieldrin (iso, inn), | | | | | || endosulfan (iso), endrin (iso), heptachlor (iso) or mirex (iso) | | | | | || 3824 85 00 | - - | containing 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (hch (iso)), | kg | 10% | - || including lindane (iso, inn) | | | | | || 3824 86 00 | - - | containing pentachlorobenzene (iso) or hexachlorobenzene (iso) | kg | 10% | - || 3824 87 00 | - - | containing perfluorooctane sulphonic acid, its salts, | kg | 10% | - || perfluorooctane sulphonamides, or perfluorooctane sulphonyl fluoride | | | | | || 3824 88 00 | - - | containing tetra-, penta-, hexa- hepta- or octabromodiphenyl ethers | kg | 10% | - || 3824 91 00 | - - | mixtures and preparations consisting mainly of (5-ethyl-2-methyl-2- | | | || oxido-1, 3, 2-dioxaphosphinan-5-yl)methyl methyl methylphosphonate | | | | | || and bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2- dioxaphosphinan-5-yl) | | | | | || methyl] methylphosphonate: | | | | | || 3824 99 | - - | other: | | | || - - - | ammoniacal gas liquors and spent oxide produced in coal gas | | | | || p | urification, case hardening compound, heat transfer salts; mixture of | | | | || diphenyl and diphenyl oxide as heat transfer medium, mixed polyethylene | | | | | || glycols; salts for curing or salting, surface tension reducing agents: | | | | | || 3824 99 11 | - - - - | | | | || ammoniacal gas liquors and spent oxide produced in coal | kg | 10% | - | | || gas purification | | | | | || 3824 99 12 | - - - - | case hardening compound | kg | 10% | - || 3824 99 13 | - - - - | heat transfer salts | kg | 10% | - || tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------------------|-----------------------------------------------------------------|----------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 3824 99 14 | - - - - | mixture of diphenyl and diphenyl oxide as heat transfer medium | kg || 3824 99 15 | - - - - | mixed polyethylene glycols | kg || 3824 99 16 | - - - - | salts for curing or salting | kg || 3824 99 17 | - - - - | surface tension reducing agents | kg || - - - | electroplating salts; water treatment chemicals; ion exchanger, | | || correcting fluid; precipitated silica and silica gel; oil well chemical: | | | || 3824 99 21 | - - - - | electroplating salts | kg || 3824 99 22 | - - - - | water treatment chemicals; ion exchanger (inn) such as | kg || permiutits, zero-lites | | | || 3824 99 23 | - - - - | gramaphone records making material | kg || 3824 99 24 | - - - - | correcting fluid | kg || 3824 99 25 | - - - - | precipitated silica and silica gel | kg || 3824 99 26 | - - - - | oil well chemical | kg || - - - | mixture containing perhalogenated derivatives of acyclic | | || hydrocarbons containing two or more different halogens other than | | | || chlorine and fluorine; ferrite powder; capacitor fluids - pcb type; | | | || dipping oil for treatment of grapes; poly brominated biphenyls, poly | | | || chlorinated biphenyls, poly chlorinated terphenyls, crocidolite; goods | | | || of a kind known as "hazardous waste"; phosphogypsum: | | | || 3824 99 31 | - - - - | mixture containing perhalogenated derivatives of acyclic | kg || hydrocarbons containing two or more different halogens other than | | | || chlorine and fluorine | | | || 3824 99 32 | - - - - | ferrite powder | kg || 3824 99 33 | - - - - | capacitor fluids - pcb type | kg || 3824 99 34 | - - - - | dipping oil for treatment of grapes | kg || 3824 99 35 | - - - - | poly brominated biphenyls, poly chlorinated biphenyls, | kg || poly chlorinated terphenyls, crocidolite | | | || 3824 99 36 | - - - - | goods of a kind known as "hazardous waste" | kg || 3824 99 37 | - - - - | phosphogypsum | kg || 3824 99 38 | - - - - | phosphonic acid, methyl-compound with (aminoimino methyl) | kg || urea (1: 1) | | | || 3824 99 90 | - - - | other | kg |(19) in chapter 39,—(i) in note 2, in clause (z), after the words "propelling pencils", the words ", and monopods, bipods, tripods and similar articles" shall be inserted;(ii) in sub-heading note 1, in clause (a), in sub-clause (2), after the figures "3901 30,", the figures "3901 40," shall be inserted;(iii) in heading 3901, after tariff item 3901 30 00 and the entries relating thereto, the following shall be inserted, namely:—| "3901 40 00 ||----------------|| less than 094 |(iv) in heading 3907, for sub-heading 3907 60 and tariff items 3907 60 10 to 3907 60 90 and the entries relating thereto, the following shall be substituted, namely:—" -poly(ethylene terephthalate):| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|----------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 3907 61 00 | - - | having a viscosity number of 78 ml/g or higher | kg || 3907 69 | - - | other: | || 3907 69 10 | - - - | having a viscosity number less than 78 ml/g but not less than | kg || 72 ml/g | | | || 3907 69 20 | - - - | having a viscosity number less than 72 ml/g but not less than | kg || 64 ml/g | | | || 3907 69 90 | - - - | other | kg |(v) for sub-heading 3909 30 and tariff items 3909 30 10 to 3909 30 90 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | other amino-resins: ||------------|-------|---------------------------------------------------------------|-----|------|-----------------------|| 3909 31 00 | - - | poly(methylene phenyl isocyanate) (crude mdi, polymeric mdi) | kg | 10% | - || 3909 39 | - - | other: | | | || 3909 39 10 | - - - | poly(phenylene oxide) | kg | 10% | - || 3909 39 90 | - - - | other | kg | 10% | -"; |(20) in chapter 40, in heading 4011, for tariff items 4011 50 90 to 4011 99 00 and the entries relating thereto, the following shall be substituted, namely:—| "4011 50 90 | - - - | other | u | 10% | - ||-----------------------|----------|------------------------------------------------------------------|-----|-------|-------|| 4011 70 00 | - | of a kind used on agricultural or forestry vehicles and machines | u | 10% | - || 4011 80 00 | - | of a kind used on construction, mining or industrial handling | u | 10% | - || vehicles and machines | | | | | || 4011 90 00 | - | other | u | 10% | -"; |(21) in chapter 42,—(i) in heading 4202,—(a) for sub-heading 4202 22 and the entries relating thereto, the following shall be substituted, namely:—| "4202 22 | - - | with outer surface of sheeting of plastics or of textile materials: "; ||------------|--------|--------------------------------------------------------------------------|(b) for sub-heading 4202 32 and the entries relating thereto, the following shall be substituted, namely:—| "4202 32 | - - | with outer surface of sheeting of plastics or of textile materials: "; ||-------------|--------|---------------------------------------------------------------------------------------------------------------|| ( | c | ) for tariff item 4202 92 00 and the entries relating thereto, the following shall be substituted, namely:— || "4202 92 00 | - - | with outer surface of sheeting of plastics or of textile materials |(22) in chapter 44,—(i) in note 1, in clause (q), for the word "pencils", the words "pencils, and monopods, bipods, tripods and similar articles" shall be substituted;(ii) the sub-heading note 2 shall be omitted;(iii) in heading 4401,—(a) for sub-heading 4401 10, tariff items 4401 10 10, 4401 10 90 and the entries relating thereto, the following shall be substituted, namely:—| " | - | fuel wood, in logs, in billets, in twigs, in faggots or in similar forms: ||------------|-------|---------------------------------------------------------------------------------|| 4401 11 | - - | coniferous: || 4401 11 10 | - - - | in logs || 4401 11 90 | - - - | other || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-----------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 4401 12 | - - | non-coniferous: | || 4401 12 10 | - - - | in logs | mt || 4401 12 90 | - - - | other | mt |(b) for tariff items 4401 22 00 and 4401 31 00 and the entries relating thereto, the following shall be substituted, namely:—| "4401 22 00 | - - | non-coniferous | mt | 5% | - ||---------------|----------------------------------------------------------------------------------------------------|------------------|------|------|------|| - | sawdust and wood waste and scrap, agglomerated, in logs, briquettes, pellets or similar forms: | | | | || 4401 31 00 | - - | wood pellets | mt | 5% | - "; |(c) after tariff item 4401 39 00 and the entries relating thereto, the following shall be inserted, namely:—| "4401 40 00 | - | sawdust and wood waste and scrap, not agglomerated | mt | 5% | - "; ||---------------|------|-------------------------------------------------------|------|------|--------|(iv) in heading 4403,—(a) for tariff item 4403 10 00, sub-heading 4403 20 and tariff items 4403 20 10 to 4403 41 00 and the entries relating thereto, the following shall be substituted, namely:—| | " | - | treated with paint, stains, creosote or other preservatives: ||---------------------------------------------|---------------------|------------------------------------------------------------------|------------------------------------------------------------------|| 4403 11 00 | - - | coniferous | m || 3 | | | || 5% | - | | || 4403 12 00 | - - | non-coniferous | m || 3 | | | || 5% | - | | || - | other, coniferous: | | || 4403 21 | - - | of pine (pinus spp), of which any cross-sectional dimension | || is 15 cm or more: | | | || 4403 21 10 | - - - | saw logs and veneer logs | m || 3 | | | || 5% | - | | || 4403 21 20 | - - - | poles, pilings and posts | m || 3 | | | || 5% | - | | || 4403 21 90 | - - - | other | m || 3 | | | || 5% | - | | || 4403 22 | - - | of pine (pinus spp), other: | || 4403 22 10 | - - - | saw logs and veneer logs | m || 3 | | | || 5% | - | | || 4403 22 20 | - - - | poles, pilings and posts | m || 3 | | | || 5% | - | | || 4403 22 90 | - - - | other | m || 3 | | | || 5% | - | | || 4403 23 | - - | of fir (abies spp) and spruce (picea spp), of which any | || cross-sectional dimension is 15 cm or more: | | | || 4403 23 10 | - - - | saw logs and veneer logs | m || 3 | | | || 5% | - | | || 4403 23 20 | - - - | poles, pilings and posts | m || 3 | | | || 5% | - | | || 4403 23 90 | - - - | other | m || 3 | | | || 5% | - | | || 4403 24 | - - | of fir (abies spp) and spruce (picea spp), other: | || 4403 24 10 | - - - | saw logs and veneer logs | m || 3 | | | || 5% | - | | || 4403 24 20 | - - - | poles, pilings and posts | m || 3 | | | || 5% | - | | || 4403 24 90 | - - - | other | m || 3 | | | || 5% | - | | || 4403 25 | - - | other, of which any cross-sectional dimension is 15 cm or more: | || 4403 25 10 | - - - | saw logs and veneer logs | m || 3 | | | || 5% | - | | || 4403 25 20 | - - - | poles, pilings and posts | m || 3 | | | || 5% | - | | || 4403 25 90 | - - - | other | m || 3 | | | || 5% | - | | || tariff item | description of goods | unit | rate of duty ||---------------|---------------------------|--------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 4403 26 | - - | other: | || 4403 26 10 | - - - | saw logs and veneer logs | m || 3 | | | || 5% | - | | || 4403 26 20 | - - - | poles, pilings and posts | m || 3 | | | || 5% | - | | || 4403 26 90 | - - - | other | m || 3 | | | || 5% | - | | || - | other, of tropical wood: | | || 4403 41 00 | - - | dark red meranti, light red meranti and meranti bakau | m || 3 | | | || 5% | - "; | | |(b) for tariff item 4403 92 00 and the entries relating thereto, the following shall be substituted, namely:—| "4403 93 00 | - - | of beech (fagus spp), of which any cross-sectional dimension | m ||------------------|---------|------------------------------------------------------------------|----------------|| 3 | | | || 5% | - | | || is 15 cm or more | | | || 4403 94 00 | - - | of beech (fagus spp), other | m || 3 | | | || 5% | - | | || 4403 95 00 | - - | of birch (betula spp), of which any cross-sectional dimension | m || 3 | | | || 5% | - | | || is 15 cm or more | | | || 4403 96 00 | - - | of birch (betula spp), other | m || 3 | | | || 5% | - | | || 4403 97 00 | - - | of poplar and aspen ( | populus spp || 3 | | | || 5% | - | | || 4403 98 00 | - - | of eucalyptus ( | eucalyptus spp || 3 | | | || 5% | - "; | | |(c) for tariff item 4403 99 19 to 4403 99 21 and the entries relating thereto, the following shall be substituted, namely:—| "4403 99 19 | - - - - | rose wood | (dalbergea latifolio ) | m ||--------------------------------------------------------------------|------------------------------------------------------------------|--------------|--------------------------|-----|| 3 | | | | || 5% | - | | | || - - - | sal (chorea robusta, sandalwood (santalum album), semul | | | || ( | bombax ceiba), walnut wood (juglans binata), anjam (hardwickia | | | || binata), sisso (dalbergia sisso) and white cedar (dysozylum spp) | | | | || and the like: | | | | || 4403 99 21 | - - - - | sal | (chorea robusta) | m || 3 | | | | || 5% | - "; | | | |(d) the tariff item 4403 99 26 and the entries relating thereto shall be omitted; (e) for tariff item 4403 99 29 and the entries relating thereto, the following shall be substituted, namely:—| "4403 99 90 | - - - ||---------------|----------|| 3 | || 5% | - "; |(v) in heading 4406, for tariff items 4406 10 00 and 4406 90 00 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | not impregnated: ||------------|--------|----------------|-----|-----|--------------------|| 4406 11 00 | - - | coniferous | kg | 10% | - || 4406 12 00 | - - | non-coniferous | kg | 10% | - || - | other: | | | | || 4406 91 00 | - - | coniferous | kg | 10% | - || 4406 92 00 | - - | non-coniferous | kg | 10% | - "; |(vi) in heading 4407,—(a) for sub-heading 4407 10, tariff items 4407 10 10 to 4407 21 00 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | coniferous: ||------------|-----|----------------------------------------------|------------|------|---------------|| 4407 11 00 | - - | of pine ( | pinus spp | ) | m || 3 | | | | | || 10% | - | | | | || 4407 12 00 | - - | of fir (abies spp) and spruce ( picea spp) | m | | || 3 | | | | | || 10% | - | | | | || 4407 19 | - - | other: | | | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|---------------|-----------------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 4407 19 10 | - - - | douglas fir ( | pseudotsuga menziesii || 3 | | | || 10% | - | | || 4407 19 90 | - - - | other | m || 3 | | | || 10% | - | | || - | of tropical wood: | | || 4407 21 00 | - - | mahogany | (swietenia spp || 3 | | | || 10% | -"; | | |(b) after tariff item 4407 95 00 and the entries relating thereto, the following shall be inserted, namely:—| "4407 96 00 | - - | of birch ( | betula spp | ) | m ||---------------|--------|-----------------------|---------------|-----|-----|| 3 | | | | | || 10% | - | | | | || 4407 97 00 | - - | of poplar and aspen ( | populus spp | ) | m || 3 | | | | | || 10% | -"; | | | | |(c) tariff item 4407 99 10 and the entries relating thereto shall be omitted;(vii) in heading 4408,—(a) for tariff item 4408 10 90 to sub-heading 4408 31, and the entries relating thereto, the following shall be substituted, namely:—| "4408 10 90 | - - - | other ||---------------|-------------------|-----------------------------------------------------------|| - | of tropical wood: | || 4408 31 | - - | of dark red meranti, light red meranti, meranti bakau:"; |(b) after tariff item 4409 21 00 and the entries relating thereto, the following shall be inserted, namely:—| "4409 22 00 | - - | of tropical wood | kg | 10% | -"; ||---------------|--------|--------------------|-------|-------|-------|(viii) in heading 4412,—(a) for sub-heading 4412 31 and the entries relating thereto, the following shall be substituted, namely:—| "4412 31 | - - | with at least one outer ply of tropical wood:"; ||------------|--------|---------------------------------------------------|(b) for sub-heading 4412 32, tariff items 4412 32 10 to 4412 32 90, sub-heading 4412 39, tariff items 4412 39 10 to4412 39 90 and the entries relating thereto, the following shall be substituted, namely:—| "4412 33 | - - | other, with at least one outer ply of non-coniferous wood of ||--------------------------------------------------------------------------|--------|-----------------------------------------------------------------|| the species alder (alnus spp), ash (fraxinus spp), beech (fagus | | || spp), birch (betula spp), cherry (prunus spp), chestnut (castanea | | || spp), elm (ulmus spp), eucalyptus (eucalyptus spp), hickory (carya | | || spp), horse chestnut (aesculus spp), lime (tilia spp), maple (acer | | || spp), oak (quercus spp), plane tree (platanus spp), poplar and | | || aspen (populus spp), robinia (robinia spp), tulipwood (liriodendron | | || spp) or walnut (juglans spp): | | || 4412 33 10 | - - - | decorative plywood || 3 | | || 10% | - | || 4412 33 20 | - - - | tea chest panels, shooks whether or not packed in sets || 3 | | || 10% | - | || 4412 33 30 | - - - | marine and aircraft plywood || 3 | | || 10% | - | || 4412 33 40 | - - - | cutting and trimmings of plywood of width not exceeding 5 cm || 3 | | || 10% | - | || 4412 33 90 | - - - | other || 3 | | || 10% | - | || 4412 34 | - - | other, with at least one outer ply of non-coniferous wood not || specified under sub-heading 4412 33: | | || 4412 34 10 | - - - | decorative plywood || 3 | | || 10% | - | || 4412 34 20 | - - - | tea chest panels, shooks whether or not packed in sets || 3 | | || 10% | - | || 4412 34 30 | - - - | marine and aircraft plywood || 3 | | || 10% | - | || 4412 34 40 | - - - | cutting and trimmings of plywood of width not exceeding 5 cm || 3 | | || 10% | - | || 4412 34 90 | - - - | other || 3 | | || 10% | - | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 4412 39 | - - | other, with both outer plies of coniferous wood: | || 4412 39 10 | - - - | decorative plywood | m || 3 | | | || 10% | - | | || 4412 39 20 | - - - | tea chest panels, shooks whether or not packed in sets | m || 3 | | | || 10% | - | | || 4412 39 30 | - - - | marine and aircraft plywood | m || 3 | | | || 10% | - | | || 4412 39 40 | - - - | cutting and trimmings of plywood of width not exceeding 5 cm | m || 3 | | | || 10% | - | | || 4412 39 90 | - - - | other | m || 3 | | | || 10% | - "; | | |(ix) in heading 4418, for tariff items 4418 71 00 to 4418 90 00 and the entries relating thereto, the following shall be substituted, namely:—" -assembled flooring panels:| 4418 73 00 | - - | of bamboo or with at least the top layer (wear layer) of bamboo | kg | 10% | - ||--------------|--------|-------------------------------------------------------------------|-------|-------|-------|| 4418 74 00 | - - | other, for mosaic floors | kg | 10% | - || 4418 75 00 | - - | other, multilayer | kg | 10% | - || 4418 79 00 | - - | other | kg | 10% | - || - | other: | | | | || 4418 91 00 | - - | of bamboo | kg | 10% | - || 4418 99 00 | - - | other | kg | 10% | -"; |(x) for heading 4419, sub-heading 4419 00, tariff items 4419 00 10 and 4419 00 20 and the entries relating thereto, the following shall be substituted, namely:— "4419 tableware and kitchenware, of wood| | | | | - | of bamboo: ||------------|-------|---------------------------------------------------|-----|-----|--------------|| 4419 11 00 | - - | bread boards, chopping boards and similar boards | kg | 10% | - || 4419 12 00 | - - | chopsticks | kg | 10% | - || 4419 19 00 | - - | other | kg | 10% | - || 4419 90 | - | other: | | | || 4419 90 10 | - - - | bread boards, chopping boards and similar boards | kg | 10% | - || 4419 90 20 | - - - | chopsticks | kg | 10% | - || 4419 90 90 | - - - | other | kg | 10% | -"; |(xi) in heading 4421, for sub-heading 4421 90, tariff items 4421 90 11 to 4421 90 90 and the entries relating thereto, the following shall be substituted, namely:—| " | - | other: ||---------------------|---------------------------------------------------------------|----------------------------------------------------|| 4421 91 | - - | of bamboo: || - - - | spools, cops, bobbins, sewing thread reels and the like of | || turned wood: | | || 4421 91 11 | - - - - | for cotton machinery || 4422 91 12 | - - - - | for jute machinery || 4423 91 13 | - - - - | for silk regenerated and synthetic fibre machinery || 4424 91 14 | - - - - | || for other machinery | kg | 10% || 4421 91 19 | - - - - | other || 4421 91 20 | - - - | wood paving blocks || 4421 91 30 | - - - | match splints || tariff item | description of goods | unit | rate of duty ||--------------------------------------------|---------------------------------------------------------------|----------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 4421 91 40 | - - - | pencil slats | kg || 4421 91 50 | - - - | parts of wood, namely oars, paddles and rudders for ships, | kg || boats and other similarfloating structures | | | || 4421 91 60 | - - - | parts of domestic decorative articles used as tableware and | kg || kitchenware | | | || 4421 91 70 | - - - | articles of densified wood not included or specified elsewhere | kg || 4421 91 90 | - - - | other | kg || 4421 99 | - - | other: | - || - - - | spools, cops, bobbins, sewing thread reels and the like of | | || turned wood: | | | || 4421 99 11 | - - - - | for cotton machinery | kg || 4421 99 12 | - - - - | for jute machinery | kg || 4421 99 13 | - - - - | for silk regenerated and synthetic fibre machinery | kg || 4421 99 14 | - - - - | for other machinery | kg || 4421 99 19 | - - - - | other | kg || 4421 99 20 | - - - | wood paving blocks | kg || 4421 99 30 | - - - | match splints | kg || 4421 99 40 | - - - | pencil slats | kg || 4421 99 50 | - - - | parts of wood, namely oars, paddles and rudders for ships, | kg || boats and other similarfloating structures | | | || 4421 99 60 | - - - | parts of domestic decorative articles used as tableware and | kg || kitchenware | | | || 4421 99 70 | - - - | articles of densified wood not included or specified elsewhere | kg || 4421 99 90 | - - - | other | kg |(23) in chapter 48,— (i) in note 4, after the words, figures and letters "more than 65 g/m²", the words, brackets, figures and letters", and apply only to paper: (a) in strips or rolls of a width exceeding 28 cm; or (b) in rectangular (including square) sheets with one side exceeding 28 cm and the other side exceeding 15 cm in the unfolded state" shall be inserted;(ii) in note 8, the figures and word "4801, and"shall be omitted;(24) in chapter 54,—(i) in heading 5402, for the entry in column (2) occurring after the entry against the heading 5402, the following entry shall be substituted, namely:—" -high tenacity yarn of nylon or other polyamides, whether or not textured:";(ii) for sub-heading 5402 20 and the entries relating thereto, the following shall be substituted, namely:—"5402 20 - -high tenacity yarn of polyesters, whether or not textured: ";(iii) after tariff item 5402 52 00 and the entries relating thereto, the following shall be inserted, namely:—| "5402 53 00 | - - | of polypropylene | kg | 10% | -"; ||---------------|--------|--------------------|-------|-------|---------|(iv) after tariff item 5402 62 00 and the entries relating thereto, the following shall be inserted, namely:—| "5402 63 00 | - - | of polypropylene | kg | 10% | -"; ||---------------|--------|--------------------|-------|-------|---------|(25) in chapter 55,—(i) for heading 5502, sub-heading 5502 00, tariff items 5502 10 00 to 5502 90 00 and the entries relating thereto, the following shall be substituted, namely:—| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || " | 5502 | artificial filament tow | || 5502 10 | - - | of cellulose acetate: | || 5502 10 10 | - - - | viscose rayon tow | kg || 5502 10 90 | - - - | other | kg || 5502 90 | - - | other: | || 5502 90 10 | - - - | viscose rayon tow | kg || 5502 90 90 | - - - | other | kg |(ii) after tariff item 5506 30 00 and the entries relating thereto, the following shall be inserted, namely:—| "5506 40 00 | - | of polypropylene | kg | 10% | -"; ||---------------|------|--------------------|-------|-------|---------|(26) in chapter 56, for heading 5601, sub-heading 5601 21 and the entries relating thereto, the following shall be substituted, namely:— "5601 wadding of textile materials and articles thereof; textile fibres, not exceeding 5 mm in length (flock), textile dust and mill neps| | - | wadding of textile materials and articles thereof: ||---------|-----|------------------------------------------------------|| 5601 21 | - - | of cotton:"; |(27) in chapter 57, in heading 5704, after tariff item 5704 10 00 and the entries relating thereto, the following shall be inserted, namely:—| "5704 20 | - | tiles, having a maximum surface area exceeding 03 m² but ||---------------------|-------|--------------------------------------------------------------|| not exceeding 1 m²: | | || 5704 20 10 | - - - | cotton || 2 | | || 10% or | - | || rs35 per | | || sq metre, | | || whichever | | || is higher | | || 5704 20 20 | - - - | woollen, other than artware || 2 | | || 10% or | - | || rs35 per | | || sq metre, | | || whichever | | || is higher | | || 5704 20 90 | - - - | other || 2 | | || 10% or | - "; | || rs35 per | | || sq metre, | | || whichever | | || is higher | | |(28) in chapter 60,—(i) after note 3, the following shall be inserted, namely:—"sub-heading note:sub-heading 6005 35 covers fabrics of polyethylene monofilament or of polyester multifilament, weighing not less than 30 g/m2 and not more than 55 g/m2 , having a mesh size of not less than 20 holes/cm2 and not more than 100 holes/cm2 , and impregnated or coated with alpha-cypermethrin (iso), chlorfenapyr (iso), deltamethrin (inn, iso), lambda-cyhalothrin (iso), permethrin (iso) or pirimiphos-methyl (iso)" ;(ii) for tariff items 6005 31 00 to 6005 34 00 and the entries relating thereto, the following shall be substituted, namely:—| "6005 35 00 | - - | fabrics specified in sub-heading note 1 to this chapter | kg | 10% | - ||---------------|---------|------------------------------------------------------------|-------|-------|-------|| 6005 36 00 | - - | other, unbleached or bleached | kg | 10% | - || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|---------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 6005 37 00 | - - | other, dyed | kg || 6005 38 00 | - - | other, of yarns of different colours | kg || 6005 39 00 | - - | other, printed | kg |(29) in chapter 63,—(i) after note 3, the following shall be inserted, namely:—"sub-heading note:sub-heading 6304 20 covers articles made from fabrics, impregnated or coated with alpha-cypermethrin (iso), chlorfenapyr (iso), deltamethrin (inn, iso), lambda-cyhalothrin (iso), permethrin (iso) or pirimiphosmethyl (iso)";(ii) in heading 6304, after tariff item 6304 19 90 and the entries relating thereto, the following shall be inserted, namely:—| "6304 20 00 ||-----------------|| to this chapter |(30) in chapter 68, in note1, for clause (m), the following clause shall be substituted, namely:—| | "(m) | articles of heading 9602, if made of materials specified in ||----------------------------------------------------------------------------|--------|----------------------------------------------------------------|| note 2 ( | b | ) to chapter 96, or of heading 9606 (for example, buttons), || of heading 9609 (for example, slate pencils), heading 9610 (for example, | | || drawing slates) or of heading 9620 (monopods, bipods, tripods and | | || similar articles); or" ; | | |(31) in chapter 69,—(i) for heading 6907, sub-heading 6907 10, tariff items 6907 10 10 and 6907 10 90, sub-heading 6907 90, tariff items 6907 90 10 and 690790 90 and the entries relating thereto, the following shall be substituted, namely:—| " | 6907 | ceramic flags and paving, hearth or wall tiles; ||------------------------------------------------|---------------------------------------------------------------|----------------------------------------------------------------------|| ceramic mosaic cubes and the like, whether or | | || not on a backing; finishing ceramics | | || - | flags and paving, hearth or wall tiles, other than those of | || sub-headings 6907 30 and 6907 40: | | || 6907 21 00 | - - | of a water absorption coefficient by weight not exceeding 05% || 2 | | || 10% | - | || 6907 22 00 | - - | of a water absorption coefficient by weight exceeding 05% || 2 | | || 10% | - | || but not exceeding 10% | | || 6907 23 00 | - - | of a water absorption coefficient by weight exceeding 10% || 2 | | || 10% | - | || 6907 30 | - | mosaic cubes and the like, other than those of sub-heading 6907 40: || 6907 30 10 | - - - | mosaic cubes and the like, other than those of sub-heading 6907 40 || 2 | | || 10% | - | || 6907 40 | - | finishing ceramics: || 6907 40 10 | - - - | finishing ceramics || 2 | | || 10% | -"; | |(ii) the heading 6908, sub-heading 6908 10, tariff items 6908 10 10 to 6908 10 90, sub-heading 6908 90 and tariff items 6908 90 10 to 690890 90 and the entries relating thereto shall be omitted; (32) in section xv, in note 1, for clause (m), the following clause shall be substituted, namely:—"(m)hand sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods, tripods and similar articles or other articles of chapter 96 (miscellaneous manufactured articles); or";(33) in chapter 74, in note 1, for clause (c), the following clause shall be substituted, namely:—| "(c) ||--------------------------------------------------------------------------|| alloys containing with other elements more than 10 per cent by weight, || of copper not usefully malleable and commonly used as an additive in || the manufacture of other alloys or as de-oxidants, de-sulphuring agents || tariff item | description of goods | unit | rate of duty ||-----------------------------------------------------------------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || or for similar uses in the metallurgy of non-ferrous metals however, | | | || copper phosphide (phosphor copper) containing more than 15% by | | | || weight of phosphorous falls in heading 2853"; | | | |(34) in chapter 82, for the entry in column (2) occurring against the heading 8205, for the words "machine tools", the words"machine-tools or water-jet cutting machines" shall be substituted;(35) in chapter 83, for the entry occurring against heading 8308, the following shall be substituted, namely:—| " ||-------------------------------------------------------|| clasps, hooks, eyes, eyelets and the like, of base || metal, of a kind used for clothing or clothing || accessories, footwear, jewellery, wrist || watches, books, awnings, leather goods, travel || goods or saddlery or for other made up articles; || tubular or bifurcated rivets, of base metal; beads || and spangles, of base metal "; |(36) in section xvi, in note 1, for clause (q), the following clause shall be substituted, namely:—| "(q) ||--------------------------------------------------------------------------------|| cartridges (classified according to their constituent material, or in heading || 9612 if inked or otherwise prepared for giving impressions), or || monopods, bipods, tripods and similar articles, of heading 9620"; |(37) in chapter 84,—(i) in note 1,—(a) in clause (f), the word "or"shall be omitted;(b) after clause (f), the following clause shall be inserted, namely:—"(g) radiators for the articles of section xvii; or";(c ) the existing clause (g) shall be re-lettered as (h);(ii) in note 2, in clause (e), for the words "machinery or plant", the words "machinery, plant or laboratory equipment" shall be substituted;(iii) in note 9, for clause (a), the following clause shall be substituted, namely:—'(a) notes 9 (a) and 9 (b) to chapter 85 also apply with respect to the expressions "semiconductor devices" and "electronic integrated circuits", respectively, as used in this note and in heading 8486 however, for the purposes of this note and of heading 8486, the expression "semiconductor devices" also covers photosensitive semiconductor devices and light-emitting diodes (led)'; (iv) in sub-heading notes,—(a) the following new sub-heading note 1 shall be inserted, namely:—'1 for the purposes of sub-heading 8465 20, the term "machining centres" applies only to machine-tools for working wood, cork, bone, hard rubber, hard plastics or similar hard materials, which can carry out different types of machining operations by automatic tool change from a magazine or the like in conformity with a machining programme'; (b) the existing sub-heading note 1 shall be re-numbered as sub-heading note 2 and after sub-heading note 2 as so re-numbered, the following sub-heading note shall be inserted, namely:—'3 for the purposes of sub-heading 8481 20, the expression "valves for oleohydraulic or pneumatic transmissions" means valves which are used specifically in the transmission of "fluid power" in a hydraulic or pneumatic system, where the energy source is supplied in the form of pressurised fluids (liquid or gas) these valves may be of any type (for example, pressure-reducing type, check type) sub-heading 8481 20 takes precedence over all other sub-headings of heading 8481';(c) the existing sub-heading note 2 shall be re-numbered as sub-heading note 4 ;| tariff item | description of goods | unit | rate of duty ||---------------------------------------------|------------------------|----------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || '8415 10 | - | of a kind designed to be fixed to a window, wall, ceiling or | || floor, self-contained or "split-system";'; | | | |(vi) in heading 8424,—(a) after tariff item 8424 30 00 and the entries relating thereto, the following shall be inserted, namely:—| | | | | "- | agricultural or horticultural sprayers: ||------------|-----|-------------------|----|------|-------------------------------------------|| 8424 41 00 | - - | portable sprayers | u | 75% | - || 8424 49 00 | - - | other | u | 75% | -"; |(b) for tariff item 8424 81 00 and the entries relating thereto, the following shall be substituted, namely:—| "8424 82 00 | - - | agricultural or horticultural | u | 75% | -"; ||---------------|--------|---------------------------------|-----|--------|---------|(vii) in heading 8432,—(a) for tariff item 8432 30 00 and the entries relating thereto, the following shall be substituted, namely:—| | | | | "- | seeders, planters and transplanters: ||------------|-----|-----------------------------------------------------|----|------|------------------------------------------|| 8432 31 00 | - - | no-till direct seeders, planters and transplanters | u | 75% | - || 8432 39 00 | - - | other | u | 75% | -"; |(b) for tariff item 8432 40 00 and the entries relating thereto, the following shall be substituted, namely:—| | | | | "- | manure spreaders and fertiliser distributors: ||------------|-----|-------------------------|----|------|-------------------------------------------------|| 8432 41 00 | - - | manure spreaders | u | 75% | - || 8432 42 00 | - - | fertiliser distributors | u | 75% | -"; | (viii) for heading 8442 and the entries relating thereto, the following shall be substituted, namely:—| " | 8442 | machinery, apparatus and equipment (other than ||-------------------------------------------------|--------|----------------------------------------------------|| the machines of headings 8456 to 8465) for | | || preparing | or | making || components; plates, cylinders and lithographic | | || stones, prepared for printing purposes (for | | || example, planed, grained or polished)"; | | |(ix) in heading 8456,—(a) for tariff item 8456 10 00 and the entries relating thereto, the following shall be substituted, namely:—| | | | | "- | operated by laser or other light or photon beam processes: ||------------|-----|--------------------------------------------------|----|------|--------------------------------------------------------------|| 8456 11 00 | - - | operated by laser | u | 75% | - || 8456 12 00 | - - | operated by other light or photon beam processes | u | 75% | -"; |(b) after tariff item 8456 30 00 and the entries relating thereto, the following shall be inserted, namely:—| "8456 40 00 | - | operated by plasma arc processes | u | 75% | - ||---------------|------|------------------------------------|-----|--------|-----|| 8456 50 00 | - | water-jet cutting machines | u | 75% | -"; |(x) for sub-heading 8459 40, tariff items 8459 40 10 to 8459 40 90 and the entries relating thereto, the following shall be substituted, namely:—| | "- | other boring machines: ||------------|-------|-----------------------------------|| 8459 41 | - - | numerically controlled: || 8459 41 10 | - - - | jig boring machines, horizontal || 8459 41 20 | - - - | fine boring machines, horizontal || 8459 41 30 | - - - | fine boring machines, vertical || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-----------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 8459 41 90 | - - - | other | u || 8459 49 | - - | other: | || 8459 49 10 | - - - | jig boring machines, horizontal | u || 8459 49 20 | - - - | fine boring machines, horizontal | u || 8459 49 30 | - - - | fine boring machines, vertical | u || 8459 49 90 | - - - | other | u |(xi) for heading 8460, tariff items 8460 11 00 to 8460 21 00, sub-heading 8460 29, tariff items 8460 29 10 to 8460 29 90 and the entries relating thereto, the following shall be substituted, namely:— "8460 machine-tools for deburring, sharpening, grinding, honing, lapping, polishing or otherwise finishing metal, or cermets by means of grinding stones, abrasives or polishing products, other than gear cutting, gear grinding or gear finishing machines of heading 8461| | | | | - | flat-surface grinding machines: ||------------|--------------------------|--------------------------------------------------------------|----|------|-----------------------------------|| 8460 12 00 | - - | numerically controlled | u | 75% | - || 8460 19 00 | - - | other | u | 75% | - || - | other grinding machines: | | | | || 8460 22 00 | - - | centreless grinding machines, numerically controlled | u | 75% | - || 8460 23 00 | - - | other cylindrical grinding machines, numerically controlled | u | 75% | - || 8460 24 00 | - - | other, numerically controlled | u | 75% | - || 8460 29 | - - | other: | | | || 8460 29 10 | - - - | cylindrical grinders | u | 75% | - || 8460 29 20 | - - - | internal grinders | u | 75% | - || 8460 29 30 | - - - | centreless grinders | u | 75% | - || 8460 29 40 | - - - | profile grinders | u | 75% | - || 8460 29 90 | - - - | other | u | 75% | -"; |(xii) after tariff item 8465 10 00 and the entries relating thereto, the following shall be inserted, namely:—| "8465 20 00 | - | machining centres | u | 75% | -"; ||---------------|------|---------------------|-----|--------|---------|(xiii) in heading 8466,— (a) for heading 8466, and the entries relating thereto, the following shall be substituted, namely:—"8466parts and accessories suitable for use solelyor principally with the machines of headings 8456 to 8465 including work or tool holders, self- opening dieheads, dividing heads and other special attachments for the machines; tool holders for any type of tool, for working in the hand";(b) for sub-heading 8466 30 and the entries relating thereto, the following shall be substituted, namely:—| "8466 30 | - | dividing heads and other special attachments for machines:" ; ||------------|-------|-----------------------------------------------------------------|(xiv) the heading 8469, sub-heading 8469 00, tariff items 8469 00 10 to 8469 00 90 and the entries relating thereto shall be omitted;(xv) in heading 8472, for tariff item 8472 90 90 and the entries relating thereto the following shall be substituted, namely:—| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|----------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || " | - - - | other: | || 8472 90 91 | - - - - | word-processing machines | u || 8472 90 92 | - - - - | automatic typewriters | u || 8472 90 93 | - - - - | braille typewriters, electric | u || 8472 90 94 | - - - - | braille typewriters, non-electric | u || 8472 90 95 | - - - - | other typewriters, electric or non-electric | u || 8472 90 99 | - - - - | other | u |(xvi) in heading 8473,—(a) for heading 8473 and the entries relating thereto, the following shall be substituted, namely:—| " ||-------------------------------------------------|| carrying cases and the like) suitable for use || solely or principally with machines of headings || 8470 to 8472"; |(b) the tariff item 8473 10 00 and the entries relating thereto shall be omitted;(c) for tariff item 8473 50 00 and the entries relating thereto, the following shall be substituted, namely:—| "8473 50 00 ||---------------------------------------------|| of two or more of the headings 8470 to 8472 |(38) in chapter 85,—(i) in the notes, after note 2, the following shall be inserted, namely:—'3 for the purposes of heading 8507, the expression "electric accumulators" includes those presented with ancillary components which contribute to the accumulator's function of storing and supplying energy or protect it from damage, such as electrical connectors, temperature control devices (for example, thermistors) and circuit protection devices they may also include a portion of the protective housing of the goods in which they are to be used'; (ii) the existing notes 3, 4, 5, 6, 7, 8 and 9 shall respectively be re-numbered as 4, 5, 6, 7, 8, 9 and 10 ;(iii) in note 9 as so re-numbered, in clause (b), after sub-clause (iii), the following new sub-clause shall be inserted, namely:—'(iv) multi-component integrated circuits (mcos): a combination of one or more monolithic, hybrid, or multi-chip integrated circuits with at least one of the following components: silicon-based sensors, actuators, oscillators, resonators or combinations thereof, or components performing the functions of articles classifiable under headings 8532, 8533, 8541, or inductors classifiable under heading 8504, formed to all intents and purposes indivisibly into a single body like an integrated circuit, as a component of a kind used for assembly onto a printed circuit board (pcb) or other carrier, through the connecting of pins, leads, balls, lands, bumps, or padsfor the purpose of this definition:(1) "components" may be discrete, manufactured independently then assembled onto the rest of the mco, or integrated into other components(2) "silicon based" means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die (3) (a) "silicon based sensors" consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure "physical or chemical quantities" relates to real world phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc(b) "silicon based actuators" consist of microelectronic and mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electrical signals into physical movement (c) "silicon based resonators" are components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |(d) "silicon based oscillators" are active components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures'; (iv) in heading 8528, for tariff items 8528 41 00 to 8528 69 00 and the entries relating thereto, the following shall be substituted, namely:—| "8528 42 00 | - - | capable of directly connecting to and designed for use with | u | 10% | - ||------------------------------------------------------|-----------------|----------------------------------------------------------------|-----|-------|-----|| an automatic data processing machine of heading 8471 | | | | | || 8528 49 00 | - - | other | u | 10% | - || - | other monitors: | | | | || 8528 52 00 | - - | capable of directly connecting to and designed for use with an | u | 10% | - || automatic data processing machine of heading 8471 | | | | | || 8528 59 00 | - - | other | u | 10% | - || - | projectors: | | | | || 8528 62 00 | - - | capable of directly connecting to and designed for use with | u | 10% | - || an automatic data processing machine of heading 8471 | | | | | || 8528 69 00 | - - | other | u | 10% | -"; |(v) for tariff item 8531 20 00 and the entries relating thereto, the following shall be substituted, namely:—| "8531 20 00 ||-----------------------------|| light-emitting diodes (led) |(vi) in heading 8539,—(a) for heading 8539 and the entries relating thereto, the following shall be substituted, namely:—| " ||------------------------------------------------------|| sealed beam lamp units and ultra-violet or infra- || red lamps, arc lamps; light-emitting diode (led) || lamps"; |(b) after tariff item 8539 49 00 and the entries relating thereto, the following shall be inserted, namely:—| "8539 50 00 | - | light-emitting diode (led) lamps | u | 10% | -"; ||---------------|-----|------------------------------------|-----|-------|---------|(vii) in heading 8541,—(a) for heading 8541 and the entries relating thereto, the following shall be substituted, namely:—| " ||-------------------------------------------------|| devices; photosensitive semi-conductor devices; || including photo voltaic cells, whether or not || assembled in modules or made up into panels; || light-emitting diodes (led); mounted piezo- || electric crystals"; |(b) for tariff item 8541 10 00 and the entries relating thereto, the following shall be substituted, namely:—| "8541 10 00 | - | diodes, other than photosensitive or light-emitting diodes (led) | u | free | -"; ||---------------|------|---------------------------------------------------------------------|-----|--------|---------|(c) for sub-heading 8541 40 and the entries relating thereto, the following shall be substituted, namely:—| "8541 40 ||-------------------------------------------------------------------|| cells whether or not assembled in modules or made up into panels; || light-emitting diodes (led):"; |(39) in section xvii, in note 2, for clause (e), the following clause shall be substituted, namely:—| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |"(e) machines and apparatus of headings 8401 to 8479, or parts thereof, other than the radiators for the articles of this section, articles of heading 8481 or 8482 or, provided they constitute integral parts of engines and motors, articles of heading 8483;";(40) in chapter 87,—(i) in heading 8701,—(a) for tariff item 8701 10 00, the following shall be substituted, namely:—| "8701 10 00 | - | single axle tractors | u | 10% | -"; ||---------------|------|------------------------|-----|-------|---------|(b) for sub-heading 8701 90, tariff items 8701 90 10 and 8701 90 90 and the entries relating thereto, the following shall be substituted, namely:—| | | | " | - | other, of an engine power: ||------------|-----|------------------------------------------|-----|------|-------------------------------|| 8701 91 00 | - - | not exceeding 18 kw | u | 10% | - || 8701 92 00 | - - | exceeding 18 kw but not exceeding 37 kw | u | 10% | - || 8701 93 00 | - - | exceeding 37 kw but not exceeding 75 kw | u | 10% | - || 8701 94 00 | - - | exceeding 75 kw but not exceeding 130 kw | u | 10% | - || 8701 95 00 | - - | exceeding 130 kw | u | 10% | -"; |(ii) in heading 8702, for sub-heading 8702 10, tariff items 8702 10 11 to 8702 10 99, sub-heading 8702 90, tariff items 8702 90 11 to 870290 99, the following shall be substituted, namely:—| "8702 10 | - | with only compression-ignition internal combustion piston ||-----------------------------------------------------------------|---------------------------------------------------------------|-------------------------------------------------------------|| engine (diesel or semi-diesel): | | || - - - | vehicles for transport of not more than 13 persons, including | || the driver: | | || 8702 10 11 | - - - - | integrated monocoque vehicle, air-conditioned || 8702 10 12 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 10 18 | - - - - | other, air-conditioned || 8702 10 19 | - - - - | other, non air-conditioned || - - - | other: | || 8702 10 21 | - - - - | integrated monocoque vehicle, air-conditioned || 8702 10 22 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 10 28 | - - - - | other, air-conditioned || 8702 10 29 | - - - - | other, non air-conditioned || 8702 20 | - | with both compression-ignition internal combustion piston || engine (diesel or semi-diesel) and electric motor as motors for | | || propulsion: | | || - - - | vehicles for transport of not more than 13 persons, including | || the driver: | | || 8702 20 11 | - - - - | || integrated monocoque vehicle, air-conditioned | u | 40% || 8702 20 12 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 20 18 | - - - - | other, air-conditioned || 8702 20 19 | - - - - | other, non air-conditioned || - - - | other: | || 8702 20 21 | - - - - | integrated monocoque vehicle, air-conditioned || tariff item | description of goods | unit | rate of duty ||------------------------------------------------------------|---------------------------------------------------------------|------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 8702 20 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 20 28 | - - - - | other, air-conditioned | u || 8702 20 29 | - - - - | other, non air-conditioned | u || 8702 30 | - | with both spark-ignition internal combustion reciprocating | || piston engine and electric motor as motors for propulsion: | | | || - - - | vehicles for transport of not more than 13 persons, including | | || the driver: | | | || 8702 30 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 30 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 30 18 | - - - - | other, air-conditioned | u || 8702 30 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 30 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 30 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 30 28 | - - - - | other, air-conditioned | u || 8702 30 29 | - - - - | other, non air-conditioned | u || 8702 40 | - | with only electric motor for propulsion: | || - - - | vehicles for transport of not more than 13 persons, including | | || the driver: | | | || 8702 40 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 40 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 40 18 | - - - - | other, air-conditioned | u || 8702 40 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 40 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 40 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 40 28 | - - - - | other, air-conditioned | u || 8702 40 29 | - - - - | other, non air-conditioned | u || 8702 90 | - | other: | || - - - | vehicles for transport of not more than 13 persons, including | | || the driver: | | | || 8702 90 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || - | | | || 8702 90 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 90 18 | - - - - | other, air-conditioned | u || 8702 90 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 90 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 90 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 90 28 | - - - - | other, air-conditioned | u || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-----------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 8702 90 29 | - - - - | other, non air-conditioned | u |(iii) in heading 8703,—(a) in the entry in column (2) occurring after tariff item 8703 10 90 and the entries relating thereto, after the word "with", the word"only" shall be inserted;(b) in the entry in column (2) occurring after tariff item 8703 24 99 and the entries relating thereto, for the words "with compression ignition" the words "with only compression-ignition" shall be substituted;(c) the tariff items 8703 31 20 and 8703 32 20 and the entries relating thereto shall be omitted;(d) after tariff item 8703 33 99 and the entries relating thereto, the following shall be inserted, namely:—| "8703 40 | - | other vehicles, with both spark-ignition internal combustion ||--------------------------------------------------------------------------|-------|------------------------------------------------------------------|| reciprocating piston engine and electric motor as motors for propulsion, | | || other than those capable of being charged by plugging to external | | || source of electric power: | | || 8703 40 10 | - - - | vehicles principally designed for transport of more than seven || persons, including driver | | || 8703 40 20 | - - - | specialised transport vehicles such as ambulances, prison || vans and the like | | || 8703 40 30 | - - - | motor cars || 8703 40 40 | - - - | three-wheeled vehicles || 8703 40 90 | - - - | other || 8703 50 | - | other vehicles, with both compression-ignition internal || combustion piston engine (diesel or semi-diesel) and electric motor as | | || motors for propulsion, other than those capable of being charged by | | || plugging to external source of electric power: | | || 8703 50 10 | - - - | vehicles principally designed for transport of more than seven || persons, including driver | | || 8703 50 20 | - - - | specialised transport vehicles such as ambulances, prison || vans and the like | | || 8703 50 30 | - - - | motor cars || 8703 50 40 | - - - | three-wheeled vehicles || 8703 50 90 | - - - | other || 8703 60 | - | other vehicles, with both spark-ignition internal combustion || reciprocating piston engine and electric motor as motors for propulsion, | | || capable of being charged by plugging to external source of electric | | || power: | | || 8703 60 10 | - - - | vehicles principally designed for transport of more than seven || persons, including driver | | || 8703 60 20 | - - - | || specialised transport vehicles such as ambulances, prison | u | 125% || vans and the like | | || 8703 60 30 | - - - | motor cars || 8703 60 40 | - - - | three-wheeled vehicles || 8703 60 90 | - - - | other || 8703 70 | - | other vehicles, with both compression-ignition internal || combustion piston engine (diesel or semi-diesel) and electric motor as | | || motors for propulsion, capable of being charged by plugging to external | | || source of electric power: | | || tariff item | description of goods | unit | rate of duty ||----------------------------|------------------------|------------------------------------------------------------------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) || 8703 70 10 | - - - | vehicles principally designed for transport of more than seven | u || persons, including driver | | | || 8703 70 20 | - - - | specialised transport vehicles such as ambulances, prison | u || vans and the like | | | || 8703 70 30 | - - - | motor cars | u || 8703 70 40 | - - - | three-wheeled vehicles | u || 8703 70 90 | - - - | other | u || 8703 80 | - | other vehicles, with only electric motor for propulsion: | || 8703 80 10 | - - - | vehicles principally designed for transport of more than seven | u || persons, including driver | | | || 8703 80 20 | - - - | specialised transport vehicles such as ambulances, prison | u || vans and the like | | | || 8703 80 30 | - - - | motor cars | u || 8703 80 40 | - - - | three-wheeled vehicles | u || 8703 80 90 | - - - | other | u |(e) for sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries relating thereto, the following shall be substituted, namely:—| "8703 90 00 | - | other | u | 125% | -"; ||---------------|-------|---------|-----|--------|---------|(iv) in heading 8711,—(a) after tariff item 8711 50 00 and the entries relating thereto, the following shall be inserted, namely:—| | | | "8711 60 | - | with electric motor for propulsion: ||------------|-------|--------------|------------|------|---------------------------------------|| 8711 60 10 | - - - | motor cycles | u | 100% | - || 8711 60 20 | - - - | scooters | u | 100% | - || 8711 60 30 | - - - | mopeds | u | 100% | - || 8711 60 90 | - - - | others | u | 100% | -"; |(b) for sub-heading 8711 90, tariff items 8711 90 10 to 8711 90 99 and the entries relating thereto, the following shall be substituted, namely:—| | | | "8711 90 | - | other: ||------------|-------|-----------|------------|-------|----------|| 8711 90 10 | - - - | side cars | u | 100% | - || 8711 90 90 | - - - | other | u | 100% | -"; |(41) in chapter 90,—(i) in note 1,—(a) in clause (g), after the word "machine-tools", the words "or water-jet cutting machines" shall be inserted;(b) after clause (k), the following clause shall be inserted, namely:—"(l) monopods, bipods, tripods and similar articles, of heading 9620;";(c) the existing clauses (l) and (m) shall respectively be re-lettered as (m) and (n);(ii) in heading 9006, the tariff item 9006 10 00 and the entries relating thereto shall be omitted;(42) in chapter 92, in note 1, for clause (d), the following clause shall be substituted, namely:—"(d) brushes for cleaning musical instruments (heading 9603), or monopods, bipods, tripods and similar articles (heading 9620); or";| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| standard | preferential | | || (1) | (2) | (3) | (4) |(43) in chapter 94,—(i) in note 1,—(a) in clause (k), the word "or" shall be omitted; (b) in clause (l), the word "or" shall be inserted at the end; (c) after clause (l), the following clause shall be inserted, namely:—"(m) monopods, bipods, tripods and similar articles (heading 9620)";(ii) for tariff item 9401 51 00 and the entries relating thereto, the following shall be substituted, namely:—| "9401 52 00 | - - | of bamboo | u | 10% | - ||---------------|---------|-------------|-----|-------|-------|| 9401 53 00 | - - | of rattan | u | 10% | -"; |(iii) for tariff item 9403 81 00 and the entries relating thereto, the following shall be substituted, namely:—| "9401 82 00 | - - | of bamboo | u | 10% | - ||---------------|---------|-------------|-----|-------|-------|| 9401 83 00 | - - | of rattan | u | 10% | -"; |(iv) for heading 9406, sub-heading 9406 00, tariff items 9406 00 11 to 9406 00 99 and the entries relating thereto, the following shall be substituted, namely:—| " | 9406 | prefabricated buildings ||------------|--------|----------------------------|| 9406 10 | - | of wood: || 9406 10 10 | - - - | green-houses || 9406 10 20 | - - - | for cold storage || 9406 10 30 | - - - | silos for storing ensilage || 9406 10 90 | - - - | other || 9406 90 | - | other: || 9406 90 10 | - - - | green-houses || 9406 90 20 | - - - | for cold storage || 9406 90 30 | - - - | silos for storing ensilage || 9406 90 90 | - - - | other |(44) in chapter 95,—(i) in note 1,—(a) for clause (e), the following clause shall be substituted, namely:—"(e) fancy dress of textiles, of chapter 61 or 62; sports clothing and special articles of apparel of textiles, of chapter 61 or 62, whether or not incorporating incidentally protective components such as pads or padding in the elbow, knee or groin areas (for example, fencing clothing or soccer goalkeeper jerseys);"; (b) after clause (t), the following clause shall be inserted, namely:—"(u) monopods, bipods, tripods and similar articles (heading 9620);";(c) the existing clauses (u) and (v) shall respectively be re-lettered as (v) and (w);(45) in chapter 96, after tariff item 9619 00 90 and the entries relating thereto, the following shall be inserted, namely:— "9620 00 00 - monopods, bipods, tripods and similar articles u 10% -" the fifth schedule [see section 145 (i)]in the third schedule to the central excise act,––(a) for s nos 40 and 41 and the entries relating thereto, the following s nos and entries shall be substituted, namely:––| s no | heading, sub-heading or tariff items | description of goods ||----------|----------------------------------------|------------------------|| (1) | (2) | (3) || "40 | 3401 | all goods || 41 | 3402 | all goods"; |(b) after s no 63 and the entries relating thereto, the following s no and entries shall be inserted, namely:––| s no | heading, sub-heading or tariff items | description of goods ||----------|----------------------------------------|------------------------|| (1) | (2) | (3) || "63a | 7607 | all goods"; |(c) after s no 81c and the entries relating thereto, the following s no and entries shall be inserted, namely:––| s no | heading, sub-heading or tariff items | description of goods ||---------------------------|----------------------------------------|----------------------------------|| (1) | (2) | (3) || "81d | 8517 62 | wrist wearable devices (commonly || known as smart watches)"; | | |(d) against sno 100, in column (3), for the words "parts, components and assemblies", the words "parts, components, accessories and assemblies" shall be substituted;(e) against sno 100a, in column (3), for the words "parts, components and assemblies", the words "parts, components, accessories and assemblies" shall be substituted the sixth schedule[see section 145(ii)]in the third schedule to the central excise act,––(a) against s no 58, for the entry in column (3), the entry "vitrified tiles, whether polished or not, glazed tiles" shall be substituted;(b) s no 59 and the entries relating thereto shall be omittedin the first schedule to the central excise tariff act,––(a) in chapter 22, for the entries in column (4) occurring against tariff items 2202 10 10, 2202 10 20 and 2202 10 90, the entry "21%" shall be substituted;(b) in chapter 24,––(i) for the entries in column (4) occurring against tariff items 2401 10 10, 2401 10 20, 2401 10 30, 2401 10 40, 2401 10 50, 2401 10 60,2401 10 70, 2401 10 80, 2401 10 90, 2401 20 10, 2401 20 20, 2401 20 30, 2401 20 40, 2401 20 50, 2401 20 60, 2401 20 70, 2401 20 80and 2401 20 90, the entry "64%" shall be substituted;(ii) for the entry in column (4) occurring against tariff items 2402 10 10 and 2402 10 20, the entry "125% or rs 3755 per thousand whichever is higher" shall be substituted;(iii) for the entry in column (4) occurring against tariff item 2402 90 10, the entry "rs 3755 per thousand" shall be substituted;(iv) for the entry in column (4) occurring against tariff items 2402 90 20 and 2402 90 90, the entry "125% or rs 3755 per thousand, whichever is higher" shall be substituted;(v) for the entries in column (4) occurring against tariff items 2403 19 29, the entry "rs 80 per thousand" shall be substituted;(vi) for the entries in column (4) occurring against tariff items 2403 99 10, 2403 99 30 and 2403 99 90, the entry "81%" shall be substituted (c) in chapter 27, in the supplementary note,––(i) in clause (e), for the figures "1460:2000", the figures "1460:2005" shall be substituted;(ii) in clause (f), for the figures "1460", the figures "15770:2008" shall be substituted;(d) in chapter 58, in heading 5801,–(i) in sub-heading 5801 37, the entry in column (2) "--- warp pile fabrics, 'epingle' (uncut):" shall be omitted;(ii) for tariff items 5801 37 11 and 5801 37 19 and the entries relating thereto, the following shall be substituted, namely:–| (1) | (2) | (3) | (4) ||-------------|------------------------------|-------|---------|| "5801 37 10 | --- warp pile fabrics, uncut | m² | 125%"; |(e) in chapter 71, in heading 7104, for the tariff item 7104 90 00 and the entries relating thereto, the following shall be substituted, namely:—| (1) | (2) | (3) | (4) ||-------------------------------------------|------------------------------------------------|--------|---------|| "7104 90 | - | other: | || 7104 90 10 | --- laboratory-created or laboratory grown or | c/k | 125% || manmade or cultured or synthetic diamonds | | | || 7104 90 90 | --- other | kg | 125%"; |(f) in chapter 85, in heading 8525, the tariff item 8525 50 50 and the entries relating thereto shall be omitted the eighth schedule [see section 146 (ii)]| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |in the first schedule to the central excise tariff act, 1985,––(1) in chapter 3,––(i) in note 1, in clause (c), for the words "livers and roes", the words "livers, roes and milt" shall be substituted;(ii) in heading 0301, for tariff item 0301 93 00 and the entries relating thereto, the following shall be substituted, namely:––| "0301 93 00 | - - ||-------------------------------------------------------------------------------|---------|| hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla catla, | || labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp | ) |(iii) for heading 0302, tariff items 0302 11 00 to 0302 85 00, sub-heading 0302 89, tariff items 0302 89 10 to 0302 90 00 and the entries relating thereto, the following shall be substituted, namely:––| " | 0302 | fish, fresh or chilled, excluding fish fillets and other ||-----------------------------------------------------------------------------------|------------------------------------------------------------------------------|------------------------------------------------------------|| fish meat of heading 0304 | | || - | salmonidae, excluding edible fish offal of sub-headings 0302 91 to 0302 99: | || 0302 11 00 | - - | trout ( || oncorhyncus aguabonita, oncorhyncus gilae, oncorhyncus apache and | | || oncorhyncus chrysogaster | ) | || 0302 13 00 | - - | pacific salmon ( || oncorhynchus keta, oncorhynchus tschawytscha, oncorhynchus kisutch, | | || oncorhynchus masou and oncorhynchus rhodurus | ) | || 0302 14 00 | - - | atlantic salmon ( || 0302 19 00 | - - | other || - | flat fish (pleuronectidae, bothidae, cynoglossidae, soleidae, | || scophthalmidae and citharidae), excluding edible fish offal of sub-headings 0302 | | || 91 to 0301 99: | | || 0302 21 00 | - - | halibut ( || hippoglossus stenolepis | ) | || 0302 22 00 | - - | plaice || 0302 23 00 | - - | sole || 0302 24 00 | - - | turbots ( || 0302 29 00 | - - | other || - | tunas (of the genus thunnus), skipjack or stripe-bellied bonito | || (euthynnus (katsuwonus) pelamis), excluding edible fish offal of sub-headings | | || 0302 91 to 0301 99: | | || 0302 31 00 | - - | albacore or long finned tunas || 0302 32 00 | - - | yellowfin tunas || 0302 33 00 | - - | skipjack or stripe-bellied bonito || 0302 34 00 | - - | bigeye tunas || 0302 35 00 | - - | atlantic and pacific bluefin tunas ( || 0302 36 00 | - - | southern bluefin tunas || 0302 39 00 | - - | other || tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------------------------------|--------------------------------------------------------------------------|---------------------------|--------------------------------------------------------------|| (1) | (2) | (3) | (4) || - | herrings (clupea harengus, clupea pallasii), anchovies (engraulis spp), | | || sardines (sardina pilchardus, sardinops spp), sardinella (sardinella spp), | | | || brisling or sprats (sprattus sprattus), mackerel (scomber scombrus, scomber | | | || australasicus, scomber japonicus), indian mackerels (rastrelliger spp), seerfishes | | | || (scomberomorus spp), jack and horse mackerel (trachurus spp), jacks, crevalles | | | || (caranx spp), cobia (rachycentron canadum), silver pomfrets (pampus spp), | | | || pacific saury (cololabis saira), scads (decapterus spp), capelin (mallotus | | | || villosus), sword fish (xiphias gladius), kawakawa (euthynnus affinis), bonitos | | | || (sarda spp), marlins, sailfishes, spearfish (istiophoridae), excluding edible fish | | | || offal of sub-headings 0302 91 to 0302 99: | | | || 0302 41 00 | - - | herrings ( | clupea harengus, clupea pallasii || 0302 42 00 | - - | anchovies | (engraulis spp) || 0302 43 00 | - - | sardines ( | sardina pilchardus, sardinops spp || brisling or sprats ( | sprattus sprattus | ) | || 0302 44 00 | - - | mackerel ( | scomber scombrus, scomber australasicus, scomber japonicus || 0302 45 00 | - - | jack and horse mackerel ( | trachurus spp || 0302 46 00 | - - | cobia ( | rachycentron canadum || 0302 47 00 | - - | sword fish ( | xiphias gladius || 0302 49 00 | - - | other | kg || - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | | || macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae, | | | || excluding edible fish offal of sub-headings 0302 91 to 0302 99: | | | || 0302 51 00 | - - | cod | (gadus morhua, gadus ogac, gadus macrocephalus) || 0302 52 00 | - - | haddock | (melangrammus aegllefinus) || 0302 53 00 | - - | coal fish ( | pollachinus virens || 0302 54 00 | - - | hake | (merluccius spp, urophycis spp) || 0302 55 00 | - - | alaska pollack | (theragra chalcogramma) || 0302 56 00 | - - | blue whittings ( | micromesistius poutassou, micromesistius australis || 0302 59 00 | - - | other | kg || - | tilapias (oreochromis spp), catfish (pangasius spp, silurus spp, | | || clarias spp, ictalurus spp), carp (cyprinus spp, carassius spp, | | | || ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, | | | || mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, | | | || leptobarbus hoeveni, megalobrama spp), eels (anguilla spp), nile perch (lates | | | || niloticus) and snakeheads (channa spp), excluding edible fish offal of sub-headings | | | || 0302 91 to 0302 99: | | | || 0302 71 00 | - - | tilapias | (oreochromis spp) || 0302 72 00 | - - | catfish | (pangasius spp, silurus spp, clarias spp, ictalurus spp) || 0302 73 00 | - - | carp | (cyprinus spp, carassius spp, ctenopharyngodon idellus, || hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla catla, | | | || labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp): | | | || 0302 74 00 | - - | eels | (anguilla spp) || 0302 79 00 | - - | other | kg || tariff item | description of goods | unit | rate of duty ||---------------|--------------------------------------------------------------------------------|--------------------------------------------------------|----------------------|| (1) | (2) | (3) | (4) || - | other fish exculding edible fish offal of sub-headings 0302 91 to 0302 99: | | || 0302 81 00 | - - | dogfish and other sharks | kg || 0302 82 00 | - - | rays and skates | (rajidae) || 0302 83 00 | - - | tooth fish ( | dissostichus spp || 0302 84 00 | - - | seabass | (dicentrarchus spp) || 0302 85 00 | - - | seabream | (sparidae) || 0302 89 | - - | other: | || 0302 89 10 | - - - | hilsa ( | tenualosa ilisha || 0302 89 20 | - - - | dara | kg || 0302 89 30 | - - - | pomfret | kg || 0302 89 90 | - - - | other | kg || - | livers, roes, milt, fish fins, heads, tails, maws and other edible fish offal: | | || 0302 91 | - - | livers, roes and milt: | || 0302 91 10 | - - - | livers, roes and milt | kg || 0302 92 | - - | shark fins: | || 0302 92 10 | - - - | shark fins | kg || 0302 99 | - - | other: | || 0302 99 10 | - - - | fish fins other than shark fins; heads, tails and maws | kg || 0302 99 90 | - - - | other edible fish offal | kg |(iv) for heading 0303, tariff items 0303 11 00 to 0303 69 00, sub-heading 0303 81, tariff items 0303 81 10 to 0303 84 00, sub-heading 0303 89, tariff items 0303 89 10 to 0303 89 99, sub-heading 0303 90, tariff items 0303 90 10 to 0303 90 90 and the entries relating thereto, the following shall be substituted, namely:––| " | 0303 | fish, frozen, excluding fish fillets and other fish meat ||---------------------------------------------------------------------------------------|-----------------------------------------------------------------------------|------------------------------------------------------------|| of heading 0304 | | || - | salmonidae, excluding edible fish offal of sub-headings 0303 91 to 0303 99: | || 0303 11 00 | - - | sockeye salmon || 0303 12 00 | - - | other pacific salmon ( || oncorhynchus tschawytscha, oncorhynchus kisutch, oncorhynchus masou and | | || oncorhynchus rhodurus | ) | || 0303 13 00 | - - | atlantic salmon || kg | nil | || 0303 14 00 | - - | trout ( || oncorhynchus aguabonita, oncorhynchus gilae, oncorhynchus apache and | | || oncorhynchus chrysogaster | ) | || 0303 19 00 | - - | other || - | tilapias (oreochromis spp), catfish (pangasius spp, silurus spp, | || clarias spp, ictalurus spp), carp (cyprinus carpio, carassius carassius, | | || ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, | | || mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, | | || leptobarbus hoeveni, megalobroma spp, eels (anguilla spp), nile perch (lates | | || niloticus) and snakeheads, (channa spp), excluding edible fish offal of sub-headings | | || 0303 91 to 0303 99: | | || 0303 23 00 | - - | tilapias ( || 0303 24 00 | - - | catfish ( || tariff item | description of goods | unit | rate of duty ||---------------------------------------------------------------------------------------|----------------------------------------------------------------------------|--------------------------------------|-----------------------------------------------------------------|| (1) | (2) | (3) | (4) || 0303 25 00 | - - | carp ( | cyprinus carpio, carassius carassius, ctenopharyngodon idellus, || hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla catla, | | | || labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobroma spp | ) | | || 0303 26 00 | - - | eels | (anguilla spp) || 0303 29 00 | - - | other | kg || - | flat fish (pleuronectidae, bothidae, cynoglossidae, soleidae, | | || scophthalmidae and citharidae), excluding edible fish offal of sub-headings 0303 | | | || 91 to 0303 99: | | | || 0303 31 00 | - - | halibut ( | rheinhardtius hippoglossidae, hippoglossus hippoglossus, || hippoglossus stenolepis | ) | | || 0303 32 00 | - - | plaice | (pleuronectes platessa) || 0303 33 00 | - - | sole | (solea spp) || 0303 34 00 | - - | turbots ( | psetta maxima || 0303 39 00 | - - | other | kg || - | tunas (of the genus thunnus), skipjack or stripe-bellied bonito (euthynnus | | || (katsuwonus) pelamis), excluding edible fish offal of sub-headings | | | || 0303 91 to 0303 99: | | | || 0303 41 00 | - - | albacore or long finned tunas | (thunnus alalunga) || 0303 42 00 | - - | yellowfin tunas | (thunnus albacares) || 0303 43 00 | - - | skipjack or stripe-bellied bonito | kg || 0303 44 00 | - - | bigeye tunas | (thunnus obesus) || 0303 45 00 | - - | atlantic and pacific bluefin tunas ( | thunnus thynnus, thunnus orientalis || 0303 46 00 | - - | southern bluefin tunas | (thunnus maccoyii) || 0303 49 00 | - - | other | kg || - | herrings (clupea harengus, clupea pallasii), anchovies (engraulis spp), | | || sardines (sardina pilchardus, sardinops spp), sardinella (sardinella spp), | | | || brisling or sprats (sprattus sprattus), mackerel (scomber scombrus, scomber | | | || australasicus, scomber japonicus), indian mackerels (rastrelliger spp), seerfishes | | | || (scomberomorus spp), jack and horse mackerel (trachurus spp), jacks, crevalles | | | || (caranx spp), cobia (rachycentron canadum), silver pomfrets (pampus spp), | | | || pacific saury (cololabis saira), scads (decapterusspp), capelin (mallotus villosus), | | | || sword fish (xiphias gladius), kawakawa (euthynnus affinis), bonitos (sarda | | | || spp), marlins, sailfishes, spearfish (istiophoridae), excluding edible fish offal of | | | || sub-headings 0303 91 to 0303 99: | | | || 0303 51 00 | - - | herrings ( | clupea harengus, clupea pallasii || 0303 53 00 | - - | sardines ( | sardina pilchardus, sardinops spp || brisling or sprats (sprattus sprattus) | | | || 0303 54 00 | - - | mackerel ( | || scomber scombrus, scomber australasicus, scomber japonicus | ) | kg | nil || 0303 55 00 | - - | jack and horse mackerel | (trachurus spp) || 0303 56 00 | - - | cobia | (rachycentron canadum) || 0303 57 00 | - - | sword fish ( | xiphias gladius || 0303 59 00 | - - | other | kg || tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------------------------|----------------------------------------------------------------------------|----------------------------------------------------------|---------------------------------------------------|| (1) | (2) | (3) | (4) || - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | | || macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae, | | | || excluding edible fishoffal of sub-headings 0303 91 to 0303 99: | | | || 0303 63 00 | - - | cod ( | gadus morhua, gadus ogac, gadus macrocephalus || 0303 64 00 | - - | haddock | (melanogrammus aeglefinus) || 0303 65 00 | - - | coal fish ( | pollachius virens) || 0303 66 00 | - - | hake ( | merluccius spp, urophycis spp || 0303 67 00 | - - | alaska pollack | (theragra chalcogramma) || 0303 68 00 | - - | blue whitings ( | micromesistius poutassou, micromesistiusaustralis || 0303 69 00 | - - | other | kg || - | other fish, excluding edible fishoffal of sub-headings 0303 91 to 0303 99: | | || 0303 81 | - - | dogfish and other sharks: | || 0303 81 10 | - - - | dogfish | kg || 0303 81 90 | - - - | other sharks | kg || 0303 82 00 | - - | rays and skates | (rajidae) || 0303 83 00 | - - | tooth fish ( | dissostichus spp || 0303 84 00 | - - | seabass | (dicentrarchus spp) || 0303 89 | - - | other: | || 0303 89 10 | - - - | hilsa ( | tenualosa ilisha || 0303 89 20 | - - - | dara | kg || 0303 89 30 | - - - | ribbon fish | kg || 0303 89 40 | - - - | seer | kg || 0303 89 50 | - - - | pomfret (white or silver or black) | kg || 0303 89 60 | - - - | ghol | kg || 0303 89 70 | - - - | threadfin | kg || 0303 89 80 | - - - | croakers, groupers and flounders | kg || 0303 89 90 | - - - | other | kg || - | | | || livers, roes, milt, fish fins, heads, tails, maws and other edible fish offal: | | | || 0303 91 | - - | livers, roes and milt: | || 0303 91 10 | - - - | egg or egg yolk of fish | kg || 0303 91 90 | - - - | other | kg || 0303 92 | - - | shark fins: | || 0303 92 10 | - - - | shark fins | kg || 0303 99 | - - | other: | || 0303 99 10 | - - - | fish fins other than shark fins, heads, tails and maws | kg || 0303 99 90 | - - - | other edible fish offal | kg |(v) in heading 0304,––(a) for the entry in column (2) occurring after the entry against heading 0304, the following shall be substituted, namely:––| tariff item | description of goods | unit | rate of duty ||-----------------------------------------------------------------------------------|------------------------|-----------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || " | - | fresh or chilled fillets of tilapias (oreochromis spp), catfish (pangasius | || spp, silurus spp, clarias spp, ictalurus spp), carp (cyprinus spp, carassius | | | || spp, ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, | | | || mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, | | | || leptobarbus hoeveni, megalobrama spp), eels (anguilla spp), nile perch (lates | | | || niloticus) and snakeheads (channa spp):"; | | | |(b) for tariff items 0304 46 00 to 0304 99 00 and the entries relating thereto, the following shall be substituted, namely:––| "0304 46 00 | - - | tooth fish ( | dissostichus spp | ) | kg | nil ||-----------------------------------------------------------------------------------|-------------------------------------------------------------------------|----------------------------------------------------------------|------------------------------------------------------------|---------------|-------------------------------|-------|| 0304 47 00 | - - | dogfish and other sharks | kg | nil | | || 0304 48 00 | - - | rays and skates ( | rajidae | ) | kg | nil || 0304 49 | - - | other: | | | | || 0304 49 10 | - - - | hilsa | (tenualosa ilisha) | kg | nil | || 0304 49 30 | - - - | seer | kg | nil | | || 0304 49 40 | - - - | tuna | kg | nil | | || 0304 49 90 | - - - | other | kg | nil | | || - | other, fresh or chilled: | | | | | || 0304 51 00 | - - | tilapias ( | oreochromis spp | ), catfish ( | pangasius spp, silurus spp, | kg || clarias spp, ictalurus spp | ), carp ( | cyprinus spp, carassius spp, | | | | || ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, | | | | | | || mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, | | | | | | || leptobarbus hoeveni, megalobrama spp) | , eels ( | anguilla spp | ), nile perch ( | lates | | || niloticus | ) and snakeheads ( | channa spp | ) | | | || 0304 52 00 | - - | salmonidae | kg | nil | | || 0304 53 00 | - - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | kg | nil | | || macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae | | | | | | || 0304 54 00 | - - | sword fish ( | xiphias gladius | ) | kg | nil || 0304 55 00 | - - | tooth fish ( | dissostichus spp | ) | kg | nil || 0304 56 00 | - - | dogfish and other sharks | kg | nil | | || 0304 57 00 | - - | rays and skates ( | rajidae | ) | kg | nil || 0304 59 | - - | other: | | | | || 0304 59 10 | - - - | hilsa | (tenualosa ilisha) | kg | nil | || 0304 59 30 | - - - | seer | | | | || kg | nil | | | | | || 0304 59 40 | - - - | tuna | kg | nil | | || 0304 59 90 | - - - | other | kg | nil | | || - | frozen fillets of tilapias (oreochromis spp), catfish (pangasius spp, | | | | | || silurus spp, clarias spp, ictalurus spp), carp (cyprinus spp, carassius spp, | | | | | | || ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, | | | | | | || mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, | | | | | | || leptobarbus hoeveni, megalobrama spp), eels (anguilla spp), nile perch (lates | | | | | | || niloticus) and snakeheads (channa spp): | | | | | | || 0304 61 00 | - - | tilapias ( | oreochromis spp | ) | kg | nil || 0304 62 00 | - - | catfish ( | pangasius spp, silurus spp, clarias spp, ictalurus spp | ) | kg | nil || tariff item | description of goods | unit | rate of duty ||------------------------------------------------------------------------|---------------------------------------------------------------------|--------------------------------------------------|----------------------------------------------------------|| (1) | (2) | (3) | (4) || 0304 63 00 | - - | nile perch | (lates niloticus) || 0304 69 00 | - - | other | kg || - | frozen fillets of fish of bregmacerotidae, euclichthyidae, gadidae, | | || macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae: | | | || 0304 71 00 | - - | cod ( | gadus morhua, gadus ogac, gadus macrocephalus || 0304 72 00 | - - | haddock | (melanogrammus aeglefinus) || 0304 73 00 | - - | coal fish ( | pollachius virens) || 0304 74 00 | - - | hake ( | merluccius spp, urophycis spp || 0304 75 00 | - - | alaska pollack | (theragra chalcogramma) || 0304 79 00 | - - | other | kg || - | frozen fillets of other fish: | | || 0304 81 00 | - - | pacific salmon ( | oncorhynchus nerka, oncorhynchus gorbuscha, || oncorhynchus keta, oncorhynchus tschawytscha, oncorhynchus kisutch, | | | || oncorhynchus masou and oncorhynchus rhodurus | ), atlantic salmon ( | salmo | || salar | ) and danube salmon ( | hucho hucho | ) || 0304 82 00 | - - | trout ( | salmo trutta, oncorhynchus mykiss, oncorhynchus clarkii, || oncorhynchus aguabonita, oncorhynchus gilae, oncorhynchus apache and | | | || oncorhynchus chrysogaster | ) | | || 0304 83 00 | - - | flat fish ( | pleuronectidae, bothidae, cynoglossidae, soleidae, || scophthalmidae and citharidae) | | | || 0304 84 00 | - - | sword fish ( | xiphias gladius || 0304 85 00 | - - | tooth fish ( | dissostichus spp || 0304 86 00 | - - | herrings ( | clupea harengus, clupea pallasii || 0304 87 00 | - - | tunas (of the genus | thunnus || ( | euthynnus, katsuwonus, pelamis | ) | || 0304 88 | - - | dogfish, other sharks rays and skates (rajidae): | || 0304 88 10 | - - - | dogfish | kg || 0304 88 20 | - - - | other sharks | kg || 0304 88 30 | - - - | rays and skates | (rajidae) || 0304 89 | - - | other: | || 0304 89 10 | - - - | hilsa | (tenualosa ilisha) || 0304 89 30 | - - - | seer | kg || 0304 89 40 | - - - | tuna | kg || 0304 89 90 | - - - | other | kg || - | other, frozen: | | || 0304 91 00 | - - | sword fish ( | xiphias gladius || 0304 92 00 | - - | tooth fish ( | dissostichus spp || 0304 93 00 | - - | tilapias ( | oreochromis spp || clarias spp, ictalurus spp | ), carp ( | cyprinus spp, carassius spp, | || ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, | | | || mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, | | | || leptobarbus hoeveni, megalobrama spp | ), eels ( | anguilla spp | ), nile perch ( || niloticus | ) and snakeheads ( | channa spp) | || tariff item | description of goods | unit | rate of duty ||------------------------------------------------------------------------------|------------------------|----------------------------------------------------------------|-----------------------|| (1) | (2) | (3) | (4) || 0304 94 00 | - - | alaska pollack ( | theragra chalcogramma || 0304 95 00 | - - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | kg || macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae, alaska | | | || pollack ( | theragra chalcogramma | ) | || 0304 96 00 | - - | dogfish and other sharks | kg || 0304 97 00 | - - | rays and skates | (rajidae) || 0304 99 00 | - - | other | kg |(vi) in heading 0305,––(a) for tariff item 0305 20 00 and the entries relating thereto, the following shall be substituted, namely:––| "0305 20 00 | - | livers, roes and milt of fish, dried, smoked, salted or in brine | kg | nil "; ||---------------|-----|--------------------------------------------------------------------|-------|----------|(b) for tariff item 0305 31 00 and the entries relating thereto, the following shall be substituted, namely:––| "0305 31 00 | - - | tilapias ( | oreochromis spp | ), catfish ( ||------------------------------------------------------------------------|--------------------|--------------------------------|--------------------|----------------|| clarias spp, ictalurus spp | ), carp ( | cyprinus spp, carassius spp, | | || ctenopharyngodon idellus, hypophthalmichthys spp, cirrhinus spp, | | | | || mylopharyngodon piceus, catla catla, labeo spp, osteochilus hasselti, | | | | || leptobarbus hoeveni, megalobrama spp | ), eels ( | anguilla spp | ), nile perch ( | lates || niloticus | ) and snakeheads ( | channa spp) | | |(c) for tariff item 0305 44 00 and the entries relating thereto, the following shall be substituted, namely:––| "0305 44 00 | - - | tilapias ( | oreochromis spp | ), catfish ( | pangasius spp, silurus spp, clarias ||---------------------------------------------------------------------------------|--------------|-------------------------------------------------|--------------------|--------------------|-----------------------------------------|| spp, ictalurus spp | ), carp ( | cyprinus spp, carassius spp, ctenopharyngodon | | | || idellus, hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla | | | | | || catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp | ), | | | | || eels ( | anguilla spp | ), nile perch ( | lates niloticus | ) and snakeheads ( | channa spp) |(d) after tariff item 0305 51 00 and the entries relating thereto, the following shall be inserted, namely:––| "0305 52 00 | - - | tilapias ( | oreochromis spp | ), catfish ( | pangasius spp, silurus spp, clarias | kg | nil ||---------------------------------------------------------------------------------|-----------------------------------------------|----------------------------------------------------------------|------------------------------------------|----------------------|-----------------------------------------|-------|-------|| spp, ictalurus spp | ), carp ( | cyprinus spp, carassius spp, ctenopharyngodon | | | | | || idellus, hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla | | | | | | | || catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp | ), | | | | | | || eels ( | anguilla spp | ), nile perch ( | lates niloticus | ) and snakeheads ( | channa spp) | | || 0305 53 00 | - - | fish of the families bregmacerotidae, euclichthyidae, gadidae, | kg | nil | | | || macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae, other | | | | | | | || than cod ( | gadus morhua, gadus ogac, gadus macrocephalus | ) | | | | | || 0305 54 00 | - - | herrings ( | clupea harengus, clupea pallasii | ), anchovies ( | engraulis spp | ), | kg || sardines ( | sardina pilchardus, sardinops spp) | , sardinella ( | sardinella spp | ), brisling | | | || or sprats ( | sprattus sprattus | ), mackerel ( | scomber scombrus, scomber australasicus, | | | | || scomber japonicus | ), indian mackerels ( | rastrelliger spp | ), seerfishes | | | | || ( | scomberomorus spp | ), jack and horse mackerel ( | trachurus spp | ), jacks, crevalles | | | || ( | caranx spp | ), cobia ( | rachycentron canadum) | , silver pomfrets ( | pampus spp | ), | || pacific saury ( | cololabis saira | ), scads ( | decapterus spp | ), capelin ( | mallotus villosus | ), | || sword fish ( | xiphias gladius | ), kawakawa ( | euthynnus affinis) | , bonitos ( | sarda spp | ), | || marlins, sailfishes, spearfish ( | istiophoridae | ) | | | | | |(e) for tariff item 0305 64 00 and the entries relating thereto, the following shall be substituted, namely:––| "0305 64 00 | - - | tilapias ( | oreochromis spp | ), catfish ( | pangasius spp, silurus spp, clarias ||---------------------------------------------------------------------------------|--------------|-------------------------------------------------|--------------------|--------------------|-----------------------------------------|| spp, ictalurus spp | ), carp ( | cyprinus spp, carassius spp, ctenopharyngodon | | | || idellus, hypophthalmichthys spp, cirrhinus spp, mylopharyngodon piceus, catla | | | | | || catla, labeo spp, osteochilus hasselti, leptobarbus hoeveni, megalobrama spp | ), | | | | || eels ( | anguilla spp | ), nile perch ( | lates niloticus | ) and snakeheads ( | channa spp) || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(vii) in heading 0306, for tariff items 0306 19 00 to 0306 29 00 and the entries relating thereto, the following shall be substituted, namely:––| "0306 19 00 | - - | other, including flours, meals and pellets of crustaceans, fit for human | kg | nil ||---------------|-------------------------|----------------------------------------------------------------------------|--------------------------------|--------|| consumption | | | | || - | live, fresh or chilled: | | | || 0306 31 00 | - - | rock lobster and other sea crawfish ( | palinurus spp, jasus spp | ) || 0306 32 00 | - - | lobsters | ( homarus spp) | kg || 0306 33 00 | - - | crabs | kg | nil || 0306 34 00 | - - | norway lobsters | (nephrops norvegicus) | kg || 0306 35 00 | - - | cold water shrimps and prawns ( | pandalus spp, crangon crangon | ) || 0306 36 00 | - - | other shrimps and prawns | kg | nil || 0306 39 00 | - - | other, including flours, meals and pellets of crustaceans, fit for human | kg | nil || consumption | | | | || - | other: | | | || 0306 91 00 | - - | rock lobster and other sea crawfish ( | palinurus spp, jasus spp | ) || 0306 92 00 | - - | lobsters | ( homarus spp) | kg || 0306 93 00 | - - | crabs | kg | nil || 0306 94 00 | - - | norway lobsters | (nephrops norvegicus) | kg || 0306 95 00 | - - | shrimps and prawns | kg | nil || 0306 99 00 | - - | other, including flours, meals and pellets of crustaceans, fit for human | kg | nil''; || consumption | | | | |(viii) in heading 0307,––(a) after tariff item 0307 11 00 and the entries relating thereto, the following shall be inserted, namely:––| "0307 12 00 | - - | frozen | kg | nil "; ||---------------|--------|----------|-------|----------|(b) after tariff item 0307 21 00 and the entries relating thereto, the following shall be inserted, namely:––| "0307 22 00 | - - | frozen | kg | nil "; ||---------------|--------|----------|-------|----------|(c) after tariff item 0307 31 00 and the entries relating thereto, the following shall be inserted, namely:––| "0307 32 00 | - - | frozen | kg | nil "; ||---------------|------------------------|-----------------------------------------------------------------------------------------------------------------------------|-------|----------|| ( | d | ) for tariff items 0307 39 90 to 0307 49 90 and the entries relating thereto, the following shall be substituted, namely:–– | | || "0307 39 90 | - - - | other | | || kg | nil | | | || - | cuttle fish and squid: | | | || 0307 42 | - - | live, fresh or chilled: | | || 0307 42 10 | - - - | cuttle fish | kg | nil || 0307 42 20 | - - - | squid | kg | nil || 0307 43 | - - | frozen: | | || 0307 43 10 | - - - | cuttle fish | kg | nil || 0307 43 20 | - - - | whole squids | kg | nil || 0307 43 30 | - - - | squid tubes | kg | nil || 0307 49 | - - | other: | | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------------|----------------|| (1) | (2) | (3) | (4) || 0307 49 10 | - - - | cuttle fish | kg || 0307 49 20 | - - - | whole squids | kg || 0307 49 30 | - - - | squid tubes | kg || 0307 49 40 | - - - | dried squids | kg || 0307 49 90 | - - - | other | kg |(e) after tariff item 0307 51 00 and the entries relating thereto, the following shall be inserted, namely:––| "0307 52 00 | - - | frozen | kg | nil "; ||---------------|--------|----------|-------|----------|(f) after tariff item 0307 71 00 and the entries relating thereto, the following shall be inserted, namely:––| "0307 72 00 | - - | frozen | kg | nil "; ||---------------|--------|----------|-------|----------|(g) for tariff items 0307 79 00 to 0307 89 00 and the entries relating thereto, the following shall be substituted, namely:––| "0307 79 00 | - - | other | kg | nil ||---------------|----------------------------------------------------------------|-------------------------------------------|-----------------|-------|| - | abalone (haliotis spp) and stromboid conchs (strombus spp): | | | || 0307 81 00 | - - | live, fresh or chilled abalone ( | haliotis spp | ) || 0307 82 00 | - - | live, fresh or chilled stromboid conchs ( | strombus spp) | kg || 0307 83 00 | - - | frozen abalone | (haliotis spp) | kg || 0307 84 00 | - - | frozen stromboid conchs | (strombus spp) | kg || 0307 87 00 | - - | other abalone | (haliotis spp) | kg || 0307 88 00 | - - | other stromboid conchs | (strombus spp) | kg |(h) after tariff item 0307 91 00 and the entries relating thereto, the following shall be inserted, namely:––| "0307 92 00 | - - | frozen | kg | nil "; ||---------------|--------|----------|-------|----------| (ix) in heading 0308,––(a) for the entry in column (2) occurring after the entry against heading 0308, the following shall be substituted, namely:––"- sea cucumbers (stichopus japonicus, holothuroidea):";(b) after tariff item 0308 11 00 and the entries relating thereto, the following shall be inserted, namely:––| "0308 12 00 | - - | frozen | kg | nil "; ||---------------|--------|----------|-------|----------|(c) for tariff items 0308 19 00 to 0308 21 00 and the entries relating thereto, the following shall be substituted, namely:––"0308 19 00- -otherkgnil-sea urchins (strongylocentrotus spp, paracentrotus lividus, loxechinus albus, echinus esculentus):0308 21 00- -live, fresh or chilledkgnil0308 22 00- -frozenkgnil ";(2) in chapter 4, in note 4,––(a) in clause (a), the word "or" shall be omitted; (b) after clause (a), the following clause shall be inserted, namely:––"(b) products obtained from milk by replacing one or more of its natural constituents (for example, butyric fats) by another substance(for example, oleic fats) (heading 1901 or 2106); or";| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(c) the existing clause (b) shall be re-lettered as (c);(3) in chapter 5, for note 4, the following note shall be substituted, namely:––"4 throughout the schedule, the expression "horsehair" means hair of the manes or tails of equine or bovine animals heading 0511 covers, inter alia, horsehair and horsehair waste, whether or not put up as a layer with or without supporting material"; (4) in chapter 8, in heading 0805, for tariff item 0805 20 00 and the entries relating thereto, the following shall be substituted, namely:––| "- | mandarins (including tangerines and satsumas); clementines, wilkings ||-----------------------------|------------------------------------------------------------------------|| and similar citrus hybrids: | || 0805 21 00 | - - || 0805 22 00 | - - || 0805 29 00 | - - |(5) in chapter 12,––(i) for heading 1211 and the entries relating thereto, the following shall be substituted, namely:–– "1211 plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purpose, fresh, chilled, frozen or dried, whether or not cut, crushed or powdered";(ii) after tariff item 1211 40 00 and the entries relating thereto, the following shall be inserted, namely:––| "1211 50 00 | - | ephedra | kg | "; ||---------------|-----|-----------|-------|------|(6) in chapter 13, in heading 1302, after tariff item 1302 13 00 and the entries relating thereto, the following shall be inserted, namely:––| "1302 14 00 | - - | of ephedra | kg | 125% "; ||---------------|-------|--------------|-------|------------|(7) in chapter 16,––(i) in sub-heading note 1, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted;(ii) in heading 1604, after tariff item 1604 17 00 and the entries relating thereto, the following shall be inserted, namely:––"1604 18 00- -shark fins kg6% ";(8) in chapter 19, for sub-heading 1901 10 and the entries relating thereto, the following shall be substituted, namely:––"1901 10-preparations suitable for infants or young children, put up for retail sale:";(9) in chapter 20,––(i) in sub-heading note 1, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted;(ii) in sub-heading note 2, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted;(10) in chapter 21, in sub-heading note 3, for the words "as infant food", the words "as food suitable for infants or young children" shall be substituted;(11) in chapter 22,––(i) for sub-heading 2202 90, tariff items 2202 90 10 to 2202 90 90 and the entries relating thereto, the following shall be substituted, namely:––| | | | " - | other: ||------------|-----|---------------------|-------|----------|| 2202 91 00 | - - | non alcoholic beer | l | 18% || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|---------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 2202 99 | - - | other: | || 2202 99 10 | - - - | soya milk drinks, whether or not sweetened or flavoured | l || 2202 99 20 | - - - | fruit pulp or fruit juice based drink | l || 2202 99 30 | - - - | beverages containing milk | l || 2202 99 90 | - - - | other | l |(ii) after tariff item 2204 21 90 and the entries relating thereto, the following shall be inserted, namely:––| "2204 22 | - - ||-------------|-------|| 2204 22 10 | - - - || 2204 22 20 | - - - || 2204 22 90 | - - - |(iii) for tariff item 2206 00 00 and the entries relating thereto, the following shall be substituted, namely:––| "2206 00 00 | - | - "; ||---------------|-----|--------|(12) in chapter 27,––(i) for sub-heading note 4, the following shall be substituted, namely:––'4 for the purposes of sub-heading 2710 12, "light oils and preparations"are those of which 90 % or more by volume (including losses)distil at 210 °c according to the iso 3405 method (equivalent to the astm d 86 method)';(ii) for tariff item 2707 50 00 and the entries relating thereto, the following shall be substituted, namely:––| "2707 50 00 ||--------------------------------------------------------------------------------|| (including losses) distils at 250 °c by the iso 3405 method (equivalent to the || astm d 86 method) |(13) in chapter 28,––(i) for note 7, the following shall be substituted, namely:––"7 heading 2853 includes copper phosphide (phosphor copper) containing more than 15 % by weight of phosphorus" ;(ii) after tariff item 2811 11 00 and the entries relating thereto, the following shall be inserted, namely:––| "2811 12 00 | - - | hydrogen cyanide (hydrocyanic acid ) | kg | 125% "; ||---------------|-------|----------------------------------------|-------|------------|(iii) tariff item 2811 19 10 and the entries relating thereto shall be omitted;(iv) for sub-heading 2812 10, tariff items 2812 10 10 to 2812 90 00 and the entries relating thereto, the following shall be substituted, namely:––| | | | "- | chlorides and chloride oxides: ||------------|-------|--------------------------------|------|----------------------------------|| 2812 11 00 | - - | carbonyl dichloride (phosgene) | kg | 125% || 2812 12 00 | - - | phosphorous oxychloride | kg | 125% || 2812 13 00 | - - | phosphorous trichloride | kg | 125% || 2812 14 00 | - - | phosphorous pentachloride | kg | 125% || 2812 15 00 | - - | sulphur monochloride | kg | 125% || 2812 16 00 | - - | sulphur dichloride | kg | 125% || 2812 17 00 | - - | thionyl chloride | kg | 125% || 2812 19 | - - | | | || other: | | | | || 2812 19 10 | - - - | sulpur oxychloride | kg | 125% || 2812 19 20 | - - - | silicon tetrachloride | kg | 125% || 2812 19 30 | - - - | arsenous trichloride | kg | 125% || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) || 2812 19 90 | - - - | other | kg || 2812 90 00 | - | other | kg |(v) the heading 2848, sub-heading 2848 00, tariff items 2848 00 10 to 2848 00 90 and the entries relating thereto shall be omitted;(vi) for heading 2853, sub-heading 2853 00, tariff items 2853 00 10 to 2853 00 99 and the entries relating thereto, the following shall be substituted, namely:––| | " | 2853 | phosphides, whether or not chemically defined, ||----------------------------------------------------------|------------------|-------------------------------------------------------------|--------------------------------------------------|| excluding | ferrophosphorus; | other | inorganic || compounds (including distilled or conductivity water | | | || and water of similar purity); liquid air (whether or not | | | || rare gases have been removed); compressed air; amalgams, | | | || other than amalgams of precious metals | | | || 2853 10 00 | - | cyanogen chloride (chlorcyan) | kg || 2853 90 | - | other: | || 2853 90 10 | - - - | distilled or conductivity water and water of similar purity | kg || 2853 90 20 | - - - | liquid air, whether or not rare gases have been removed | kg || 2853 90 30 | - - - | compressed air | kg || 2853 90 40 | - - - | amalgams, other than of precious metals | kg || 2853 90 90 | - - - | other | kg |(14) in chapter 29,––(i) after tariff item 2903 82 00 and the entries relating thereto, the following shall be inserted, namely:––| "2903 83 00 | - - | mirex (iso) | kg | 125% "; ||---------------|-------|---------------|-------|------------|(ii) after tariff item 2903 92 29 and the entries relating thereto, the following shall be inserted, namely:––| "2903 93 00 | - - | pentachlorobenzene (iso) | kg | 125% ||---------------|-------|----------------------------|-------|----------|| 2903 94 00 | - - | hexabromobiphenyls | kg | 125% "; |(iii) in heading 2904,––(a) after tariff item 2904 20 90 and the entries relating thereto, the following shall be inserted, namely:––| " | - | perfluorooctane sulphonic acid, its salts and perfluorooctane sulphonyl ||------------|-----|---------------------------------------------------------------------------|| fluoride: | | || 2904 31 00 | - - | perfluorooctane sulphonic acid || 2904 32 00 | - - | ammonium perfluorooctane sulphonate || 2904 33 00 | - - | lithium perfluorooctane sulphonate || 2904 34 00 | - - | potassium perfluorooctane sulphonate || 2904 35 00 | - - | other salts of perfluorooctane sulphonic acid || 2904 36 00 | - - | perfluorooctane sulphonyl fluoride |(b) for sub-heading 2904 90, tariff items 2904 90 10 to 2904 90 90 and the entries relating thereto, the following shall be substituted, namely:––| " | - | other: ||------------|--------------------------------------|---------------------------|| 2904 91 00 | | || - - | trichloronitromethane (chloropicrin) | kg || 2904 99 | - - | other: || 2904 99 10 | - - - | 2, 5 dichloronitrobenzene || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 2904 99 20 | - - - | dinitrochlorebenzene | kg || 2904 99 30 | - - - | meta nitrochlorobenzene | kg || 2904 99 40 | - - - | ortho nitrochlorobenzene | kg || 2904 99 50 | - - - | para nitrochlorobenzene | kg || 2904 99 60 | - - - | 2-nitrochlorotoluene | kg || 2904 99 70 | - - - | sodium meta nitrochlorobenzene sulphonate | kg || 2904 99 90 | - - - | other | kg |(iv) after tariff item 2910 40 00 and the entries relating thereto, the following shall be inserted, namely:––| "2910 50 00 | - | endrin (iso) | kg | 125% "; ||---------------|-----|----------------|-------|------------|(v) in heading 2914,––(a) after tariff item 2914 61 00 and the entries relating thereto, the following shall be inserted, namely:––| "2914 62 00 | - - | coenzyme q10 (ubidecarenone (inn)) | kg | 125% "; ||---------------|-------|--------------------------------------|-------|------------|(b) for sub-heading 2914 70, tariff items 2914 70 10 to 2914 70 90 and the entries relating thereto, the following shall be substituted, namely:––| | | " | - | halogenated, sulphonated, nitrated or nitrosated derivatives: ||------------|-------|------------------------|-----|-----------------------------------------------------------------|| 2914 71 00 | - - | chlordecone (iso) | kg | 125% || 2914 79 | - - | other: | | || 2914 79 10 | - - - | 1-chloro anthraquinone | kg | 125% || 2914 79 20 | - - - | musk ketone | kg | 125% || 2914 79 90 | - - - | other | kg | 125% "; |(vi) after tariff item 2918 16 90 and the entries relating thereto, the following shall be inserted, namely:––| "2918 17 00 | - - | 2, 2-diphenyl-2-hydroxyacetic acid (benzilic acid) | kg | 125% "; ||---------------|-------|------------------------------------------------------|-------|------------|(vii) for sub-heading 2920 90, tariff items 2920 90 10 to 2920 90 44 and the entries relating thereto, the following shall be substituted, namely:––| " | - | phosphite esters and their salts; their halogenated, sulphonated, nitrated ||----------------------------|-------|------------------------------------------------------------------------------|| or nitrosated derivatives: | | || 2920 21 00 | - - | dimethyl phosphite || 2920 22 00 | - - | diethyl phosphite || 2920 23 00 | - - | trimethyl phosphite || 2920 24 00 | - - | triethyl phosphite || 2920 29 | - - | other: || 2920 29 10 | - - - | dimethyl sulphate || 125% | | || 2920 29 20 | - - - | diethyl sulphate || 2920 29 30 | - - - | tris (2, 3 dibromopropyl) phosphate || 2920 29 90 | - - - | other || 2920 30 00 | - | endosulfan (iso) |(viii) for sub-heading 2921 19, tariff items 2921 19 11 to 2921 19 90 and the entries relating thereto, the following shall be substituted, namely:––| "2921 12 00 | - - | 2-(n, n-dimethylamino) ethylchloride hydrochloride | kg | 125% ||---------------|-------|------------------------------------------------------|-------|---------|| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 2921 13 00 | - - | 2-(n, n-diethylamino) ethylchloride hydrochloride | kg || 2921 14 00 | - - | 2-(n, n-diisopropylamino) ethylchloride hydrochloride | kg || 2921 19 | - - | other: | || 2921 19 10 | - - - | 2-chloro n, n-diisopropyl ethylamine | kg || 2921 19 20 | - - - | 2-chloro n, n-dimethyl ethanamine | kg || 2921 19 90 | - - - | other | kg |(ix) for sub-heading 2922 12, tariff items 2922 12 10 to 2922 12 90 and the entries relating thereto, the following shall be substituted, namely:––| "2922 12 00 | - - | diethanolamine and its salts | kg | 125% "; ||---------------|-------|--------------------------------|-------|------------|(x) for sub-heading 2922 13, tariff items 2922 13 10 to 2922 13 90, tariff item 2922 14 00, sub-heading 2922 19, tariff items 2922 19 40 to2922 19 90 and the entries relating thereto, the following shall be substituted, namely:––| "2922 14 00 | - - | dextropropoxyphene (inn) and its salts | kg | 125% ||---------------|-------|-----------------------------------------------|-------|----------|| 2922 15 00 | - - | triethanolamine | kg | 125% || 2922 16 00 | - - | diethanolammonium perfluorooctane sulphonate | kg | 125% || 2922 17 | - - | methyldiethanolamine and ethyldiethanolamine: | | || 2922 17 10 | - - - | methyldiethanolamine | kg | 125% || 2922 17 20 | - - - | ethyldiethanolamine | kg | 125% || 2922 18 00 | - - | 2-(n, n-diisopropylamino) ethanol | kg | 125% || 2922 19 | - - | other: | | || 2922 19 10 | - - - | 2-hydroxy n, n-diisopropyl ethylamine | kg | 125% || 2922 19 90 | - - - | other | kg | 125% "; |(xi) after tariff item 2923 20 90 and the entries relating thereto, the following shall be inserted, namely:––| "2923 30 00 | - | tetraethylammonium perfluorooctane sulphonate | kg | 125% ||---------------|-----|----------------------------------------------------|-------|----------|| 2923 40 00 | - | didecyldimethylammonium perfluorooctane sulphonate | kg | 125% "; |(xii) after tariff item 2924 24 00 and the entries relating thereto, the following shall be inserted, namely:––| "2924 25 00 | - - | alachlor (iso) | kg | 125% "; ||---------------|-------|------------------|-------|------------|(xiii) after tariff item 2926 30 00 and the entries relating thereto, the following shall be inserted, namely:––| "2926 40 00 | - | alpha-phenylacetoacetonitrile | kg | 125% "; ||---------------|-----|---------------------------------|-------|------------|(xiv) for tariff item 2930 50 00 and the entries relating thereto, the following shall be substituted, namely:––| "2930 60 00 | - | 2-(n, n-diethylamino) ethanethiol | kg | 125% ||--------------------------------------------------------|-----|-------------------------------------------------|-------|---------|| 2930 70 00 | - | bis(2-hydroxyethyl)sulfide (thiodiglycol (inn)) | kg | 125% || 2930 80 00 | - | | | || aldicarb (iso), captafol (iso) and methamidophos (iso) | kg | 125% "; | | |(xv) after tariff item 2931 20 00 and the entries relating thereto, the following shall be inserted, namely:––| | | " | - | other organo-phosphorous derivatives: ||------------|-----|--------------------------------------------------------------------------|-----|-----------------------------------------|| 2931 31 00 | - - | dimethyl methylphosphonate | kg | 125% || 2931 32 00 | - - | dimethyl propylphosphonate | kg | 125% || 2931 33 00 | - - | diethyl ethylphosphonate | kg | 125% || 2931 34 00 | - - | sodium 3-(trihydroxysilyl)propyl methylphosphonate | kg | 125% || 2931 35 00 | - - | 2, 4, 6-tripropyl-1, 3, 5, 2, 4, 6-trioxatriphosphinane 2, 4, 6-trioxide | kg | 125% || tariff item | description of goods | unit | rate of duty ||-------------------|------------------------|----------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 2931 36 00 | - - | (5-ethyl-2-methyl-2-oxido-1, 3, 2-dioxaphosphinan-5-yl)methyl methyl | kg || methylphosphonate | | | || 2931 37 00 | - - | bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2-dioxaphosphinan-5-yl)methyl] | kg || methylphosphonate | | | || 2931 38 00 | - - | salt of methylphosphonic acid and (aminoiminomethyl)urea (1: 1) | kg || 2931 39 00 | - - | other | kg |(xvi) after tariff item 2932 13 00 and the entries relating thereto, the following shall be inserted, namely:––| "2932 14 00 | - - | sucralose | kg | 125% "; ||---------------|-------|-------------|-------|------------|(xvii) after tariff item 2933 91 00 and the entries relating thereto, the following shall be inserted, namely:––| "2933 92 00 | - - | azinphos-methyl (iso) | kg | 125% "; ||---------------|-------|-------------------------|-------|------------|(xviii) for heading 2935, sub-heading 2935 00, tariff items 2935 00 11 to 2935 00 90 and the entries relating thereto, the following shall be substituted, namely:––| | | " | 2935 | sulphonamides ||-----------------|----------------------------------------------------------------------|---------------------------------------------------------|--------|-----------------|| 2935 10 00 | - | n-methylperfluorooctane sulphonamide | kg | 125% || 2935 20 00 | - | n-ethylperfluorooctane sulphonamide | kg | 125% || 2935 30 00 | - | n-ethyl-n-(2-hydroxyethyl) perfluorooctane sulphonamide | kg | 125% || 2935 40 00 | - | n-(2-hydroxyethyl)-n-methylperfluorooctane sulphonamide | kg | 125% || 2935 50 00 | - | other perfluorooctane sulphonamides | kg | 125% || 2935 90 | - | other: | | || - - - | sulphamethoxazole, sulphafurazole, sulphadiazine, sulphadimidine, | | | || sulphacetamide: | | | | || 2935 90 11 | - - - - | sulphamethoxazole | kg | 125% || 2935 90 12 | - - - - | sulphafurazole | kg | 125% || 2935 90 13 | - - - - | sulphadiazine | kg | 125% || 2935 90 14 | - - - - | sulphadimidine | kg | 125% || 2935 90 15 | - - - - | sulphacetamide | kg | 125% || - - - | sulphamethoxypyridarine, sulphamethiazole, sulphamoxole, sulphamide: | | | || 2935 90 21 | - - - - | sulphamethoxypyridarine | kg | 125% || 2935 90 22 | - - - - | sulphamethiazole | kg | 125% || 2935 90 23 | - - - - | sulphamoxole | kg | 125% || 2935 90 24 | - - - - | sulphamide | kg | 125% || 2935 90 90 | - - - | other | kg | 125% "; |(xix) for the tariff item 2937 31 00 and the entries relating thereto, the following shall be substituted, namely:––| "2937 31 00 | - - | epinephrine | kg | 125% "; ||---------------|-------|---------------|-------|------------|(xx) in the entry under column (2) occurring after tariff item 2937 90 90 and the entries relating thereto, the word "vegetable" shall be omitted;(xxi) for heading 2939 and the entries relating thereto, the following shall be substituted, namely:–– "2939 alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives";(xxii) for tariff items 2939 69 00 to 2939 99 00 and the entries relating thereto, the following shall be substituted, namely:––| tariff item | description of goods | unit | rate of duty ||---------------------------------------------------------------------|----------------------------|------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || "2939 69 00 | - - | other | kg || - | other, of vegetal origin: | | || 2939 71 00 | - - | cocaine, ecgonine, levometamfetamine, metamfetamine (inn), | kg || metamfetamine racemate; salts, esters and other derivatives thereof | | | || 2939 79 00 | - - | other | kg || 2939 80 00 | - | other | kg |(15) in chapter 30,––(i) after note 4, the following shall be inserted, namely:––"sub-heading notes:1 for the purposes of sub-headings 3002 13 and 3002 14, the following are to be treated:(a) as unmixed products, pure products, whether or not containing impurities;(b) as products which have been mixed:(1) the products mentioned in (a) above dissolved in water or in other solvents;(2) the products mentioned in (a) and (b) (1) above with an added stabiliser necessary for their preservation or transport; and(3) the products mentioned in (a), (b) (1) and (b) (2) above with any other additive2 sub-headings 3003 60 and 3004 60 cover medicaments containing artemisinin (inn) for oral ingestion combined with other pharmaceutical active ingredients, or containing any of the following active principles, whether or not combined with other pharmaceutical active ingredients: amodiaquine (inn); artelinic acid or its salts; artenimol (inn); artemotil (inn); artemether (inn); artesunate (inn); chloroquine (inn); dihydroartemisinin (inn); lumefantrine (inn); mefloquine (inn); piperaquine (inn); pyrimethamine (inn) or sulfadoxine (inn)";(ii) for sub-heading 3002 10, tariff items 3002 10 11 to 3002 10 99 and the entries relating thereto, the following shall be substituted, namely:––| " | - | antisera, other blood fractions and immunological products, whether or ||----------------------------------------------------------|-------------------------------------------------------------------------|--------------------------------------------------------------------------|| not modified or obtained by biotechnological processes: | | || 3002 11 00 | - - | malaria diagnostic test kits || 3002 12 | - - | antisera and other blood fractions: || 3002 12 10 | - - - | for diphtheria || 3002 12 20 | - - - | for tetanus || 3002 12 30 | - - - | for rabies || 3002 12 40 | - - - | for snake venom || 3002 12 90 | - - - | other || 3002 13 | - - | immunological products, unmixed, not put up in measured doses or in || forms or packings for retail sale: | | || 3002 13 10 | - - - | immunological products, unmixed, not put up in measured doses or in || forms or packings for retail sale | | || 3002 14 | | || - - | immunological products, mixed, not put up in measured doses or in forms | || or packings for retail sale: | | || 3002 14 10 | - - - | immunological products, mixed, not put up in measured doses or in forms || or packings for retail sale | | || 3002 15 00 | - - | immunological products, put up in measured doses or in forms or packings || for retail sale | | || 3002 19 00 | - - | other || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(iii) for tariff items 3003 20 00 to 3003 40 00 and the entries relating thereto, the following shall be substituted, namely:––| "3003 20 00 | - | other, containing antibiotics | kg | 6% ||------------------------|---------------------------------------------------------------|---------------------------------------------------------------------------|-------|-------|| - | other, containing hormones or other products of heading 2937: | | | || 3003 31 00 | - - | containing insulin | kg | 6% || 3003 39 00 | - - | other | kg | 6% || - | other, containing alkaloids or derivatives thereof: | | | || 3003 41 00 | - - | containing ephedrine or its salts | kg | 6% || 3003 42 00 | - - | containing pseudoephedrine (inn) or its salts | kg | 6% || 3003 43 00 | - - | containing norephedrine or its salts | kg | 6% || 3003 49 00 | - - | other | kg | 6% || 3003 60 00 | - | other, containing antimalarial active principles described in sub-heading | kg | 6% "; || note 2 to this chapter | | | | |(iv) in heading 3004,––(a) for sub-heading 3004 20 and the entries relating thereto, the following shall be substituted, namely:––| "3004 20 | - - | other, containing antibiotics:"; ||------------|-------|------------------------------------|(b) for tariff item 3004 20 99, sub-heading 3004 31 and the entries relating thereto, the following shall be substituted, namely:––| "3004 20 99 | - - - - | other ||---------------|----------------------------------------------------------------|-----------------------|| - | other, containing hormones and other products of heading 2937: | || 3004 31 | - - | containing insulin:"; |(c) for sub-heading 3004 40, tariff items 3004 40 10 to 3004 40 90 and the entries relating thereto, the following shall be substituted, namely:––| | | " | - | other, containing alkaloids or derivatives thereof: ||------------|-------|------------------------------------------------------------------|-----|-------------------------------------------------------|| 3004 41 00 | - - | containing ephedrine or its salts | kg | 6% || 3004 42 00 | - - | containing pseudoephedrine (inn) or its salts | kg | 6% || 3004 43 00 | - - | containing norephedrine or its salts | kg | 6% || 3004 49 | - - | other: | | || 3004 49 10 | - - - | atropin and salts thereof | kg | 6% || 3004 49 20 | - - - | caffein and salts thereof | kg | 6% || 3004 49 30 | - - - | codeine and derivatives, with or without ephidrine hydrochloride | kg | 6% || 3004 49 40 | - - - | ergot preparations, ergotamine and salts thereof | kg | 6% || 3004 49 50 | - - - | papavarine hydrochloride | kg | 6% || 3004 49 60 | - - - | bromohexin and salbutamol | kg | 6% || 3004 49 70 | - - - | theophylline and salts thereof | kg | 6% || 3004 49 90 | - - - | | | || other | kg | 6% "; | | |(d) for sub-heading 3004 50 and the entries relating thereto, the following shall be substituted, namely:––| "3004 50 | - | other, containing vitamins or other products of heading 2936:"; ||------------|-----|-------------------------------------------------------------------|(e) after tariff item 3004 50 90 and the entries relating thereto, the following shall be inserted, namely:––| "3004 60 00 ||-------------------------|| note 2 to this chapter || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(16) in chapter 31, in heading 3103, for tariff item 3103 10 00 and the entries relating thereto, the following shall be substituted, namely:––| " | - | superphosphates: ||------------|-----|-----------------------------------------------------------------|| 3103 11 00 | - - | containing by weight 35 % or more of diphosphorus pentaoxide (p || 2 | | || o | | || 5 | | || ) | kg | 125% || 3103 19 00 | - - | other |(17) in chapter 37, in heading 3705, for tariff item 3705 10 00, sub-heading 3705 90, tariff items 3705 90 10 and 3705 90 90 and the entries relating thereto, the following shall be substituted, namely:––| " ||---------------------------------|| other than cinematographic film |(18) in chapter 38,––(i) for sub-heading notes 1 and 2, the following shall be substituted, namely:––' sub-heading notes:1 sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of the following substances: alachlor(iso); aldicarb (iso); aldrin (iso); azinphos-methyl (iso); binapacryl (iso); camphechlor (iso) (toxaphene); captafol (iso); chlordane (iso); chlordimeform (iso); chlorobenzilate (iso); ddt (iso) (clofenotane (inn), 1, 1, 1-trichloro-2, 2-bis(p-chlorophenyl)ethane);dieldrin (iso, inn); 4, 6- dinitro-o-cresol (dnoc (iso)) or its salts; dinoseb (iso), its salts or its esters; endosulfan (iso); ethylene dibromide (iso) (1, 2-dibromoethane); ethylene dichloride (iso) (1, 2-dichloroethane); fluoroacetamide (iso); heptachlor (iso); hexachlorobenzene (iso); 1, 2, 3, 4, 5, 6- hexachlorocyclohexane (hch (iso)), including lindane (iso, inn); mercury compounds; methamidophos (iso); monocrotophos (iso); oxirane (ethylene oxide); parathion (iso); parathion-methyl (iso) (methylparathion); penta- and octabromodiphenyl ethers; pentachlorophenol (iso), its salts or its esters; perfluorooctane sulphonic acid and its salts;perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (iso); 2, 4, 5-t (iso) (2, 4, 5-trichlorophenoxyacetic acid), its salts or its esters; tributyltin compoundssub-heading 3808 59 also covers dustable powder formulations containing a mixture of benomyl (iso), carbofuran (iso) and thiram(iso)2 sub-headings 3808 61 to 3808 69 cover only goods of heading 3808, containing alpha-cypermethrin (iso), bendiocarb (iso), bifenthrin (iso), chlorfenapyr (iso), cyfluthrin (iso), deltamethrin (inn, iso), etofenprox (inn), fenitrothion (iso), lambda-cyhalothrin (iso), malathion (iso), pirimiphos-methyl (iso) or propoxur (iso)3 sub-headings 3824 81 to 3824 88 cover only mixtures and preparations containing one or more of the following substances: oxirane(ethylene oxide), polybrominated biphenyls (pbbs), polychlorinated biphenyls (pcbs), polychlorinated terphenyls (pcts), tris(2, 3- dibromopropyl) phosphate, aldrin (iso), camphechlor (iso) (toxaphene), chlordane (iso), chlordecone (iso), ddt (iso) (clofenotane(inn), 1, 1, 1-trichloro-2, 2-bis(pchlorophenyl)ethane), dieldrin (iso, inn), endosulfan (iso), endrin (iso), heptachlor (iso), mirex (iso), 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (hch (iso)), including lindane (iso, inn), pentachlorobenzene (iso), hexachlorobenzene (iso), perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides, perfluorooctane sulphonyl fluoride or tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers4 for the purposes of tariff items 3825 41 00 and 3825 49 00, "waste organic solvents"are wastes containing mainly organic solvents, not fit for further use as presented as primary products, whether or not intended for recovery of solvents';(ii) for sub-heading 3808 50 and tariff item 3808 50 00 and the entries relating thereto, the following shall be substituted, namely:––| | | " | - | goods specified in sub-heading note 1 to this chapter: ||----------------|--------------------------------------------------------|-------------------------------------------------------------------------------|-----|----------------------------------------------------------|| 3808 52 00 | - - | ddt (iso) (clofenotane (inn)), in packings of a net weight content not | kg | 125% || exceeding 300g | | | | || 3808 59 00 | - - | other | kg | 125% || - | goods specified in sub-heading note 2 to this chapter: | | | || 3808 61 00 | - - | in packings of a net weight content not exceeding 300g | kg | 125% || 3808 62 00 | - - | in packings of a net weight content exceeding 300g but not exceeding 75 kg | kg | 125% || 3808 69 00 | - - | other | kg | 125% "; || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(iii) for sub-heading 3812 30 and tariff items 3812 30 10 to 3812 30 90 and the entries relating thereto, the following shall be substituted, namely:––| | | " | - | anti-oxidising preparations and other compound stabilizers for rubber or plastics: ||------------|-------|------------------------------------------------------------------------|-----|--------------------------------------------------------------------------------------|| 3812 31 00 | - - | mixtures of oligomers of 2, 2, 4-trimethyl-1, 2-dihydroquinoline (tmq) | kg | 125% || 3812 39 | - - | other: | | || 3812 39 10 | - - - | anti-oxidants for rubber | kg | 125% || 3812 39 20 | - - - | softeners for rubber | kg | 125% || 3812 39 30 | - - - | vulcanizing agents for rubber | kg | 125% || 3812 39 90 | - - - | other | kg | 125% "; |(iv) for tariff items 3824 79 00 to 3824 83 00, sub-heading 3824 90, tariff items 3824 90 11 to 3824 90 90 and the entries relating thereto, the following shall be substituted, namely:––| "3824 79 00 | - - | other | kg | 125% ||---------------------------------------------------------------------------------|---------------------------------------------------------------------------|--------------------------------------------------------------------------|-------|---------|| - | goods specified in sub-heading note 3 to this chapter: | | | || 3824 81 00 | - - | containing oxirane (ethylene oxide) | kg | 125% || 3824 82 00 | - - | containing polychlorinated biphenyls (pcbs), polychlorinated terphenyls | kg | 125% || (pcts) or polybrominated biphenyls (pbbs) | | | | || 3824 83 00 | - - | containing tris(2, 3-dibromopropyl) phosphate | kg | 125% || 3824 84 00 | - - | containing aldrin (iso), camphechlor (iso) (toxaphene), chlordane (iso), | kg | 125% || chlordecone (iso), ddt (iso) (clofenotane (inn), 1, 1, 1- trichloro-2, 2-bis(p- | | | | || chlorophenyl)ethane), dieldrin (iso, inn), endosulfan (iso), endrin (iso), | | | | || heptachlor (iso) or mirex (iso) | | | | || 3824 85 00 | - - | containing 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (hch (iso)), including | kg | 125% || lindane (iso, inn) | | | | || 3824 86 00 | - - | containing pentachlorobenzene (iso) or hexachlorobenzene (iso) | kg | 125% || 3824 87 00 | - - | containing perfluorooctane sulphonic acid, its salts, perfluorooctane | kg | 125% || sulphonamides, or perfluorooctane sulphonyl fluoride | | | | || 3824 88 00 | - - | containing tetra-, penta-, hexa- hepta- or octabromodiphenyl ethers | kg | 125% || 3824 91 00 | - - | mixtures and preparations consisting mainly of (5-ethyl-2-methyl-2- | | || oxido-1, 3, 2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate and | | | | || bis[(5-ethyl-2-methyl-2-oxido-1, 3, 2- dioxaphosphinan-5-yl)methyl] | | | | || methylphosphonate: | | | | || 3824 99 | - - | other: | | || - - - | ammoniacal gas liquors and spent oxide produced in coal gas purification, | | | || case hardening compound, heat transfer salts; mixture of diphenyl and diphenyl | | | | || oxide as heat transfer medium, mixed polyethylene glycols; salts for curing or | | | | || salting, surface tension reducing agents: | | | | || 3824 99 11 | - - - - | ammoniacal gas liquors and spent oxide produced in coal gas purification | kg | 125% || 3824 99 12 | - - - - | case hardening compound | kg | 125% || 3824 99 13 | - - - - | heat transfer salts | kg | 125% || 3824 99 14 | - - - - | mixture of diphenyl and diphenyl oxide as heat transfer medium | kg | 125% || 3824 99 15 | - - - - | mixed polyethylene glycols | kg | 125% || 3824 99 16 | - - - - | salts for curing or salting | kg | 125% || 3824 99 17 | - - - - | surface tension reducing agents | kg | 125% || tariff item | description of goods | unit | rate of duty ||-------------------------------------------------------------------------------------|----------------------------------------------------------------------------|-------------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || - - - | electroplating salts; water treatment chemicals; ion exchanger, correcting | | || fluid; precipitated silica and silica gel; oil well chemical: | | | || 3824 99 21 | - - - - | electroplating salts | kg || 3824 99 22 | - - - - | water treatment chemicals; ion exchanger (inn) such as permiutits, zero-lites | kg || 3824 99 23 | - - - - | gramaphone records making material | kg || 3824 99 24 | - - - - | correcting fluid | kg || 3824 99 25 | - - - - | precipitated silica and silica gel | kg || 3824 99 26 | - - - - | oil well chemical | kg || - - - | mixture containing perhalogenated derivatives of acyclic hydrocarbons | | || containing two or more different halogens other than chlorine and fluorine; ferrite | | | || powder; capacitor fluids - pcb type; dipping oil for treatment of grapes; poly | | | || brominated biphenyls, poly chlorinated biphenyls, poly chlorinated terphenyls, | | | || crocidolite; goods of a kind known as "hazardous waste"; phosphogypsum: | | | || 3824 99 31 | - - - - | mixture containing perhalogenated derivatives of acyclic hydrocarbons | kg || containing two or more different halogens other than chlorine and fluorine | | | || 3824 99 32 | - - - - | ferrite powder | kg || 3824 99 33 | - - - - | capacitor fluids - pcb type | kg || 3824 99 34 | - - - - | dipping oil for treatment of grapes | kg || 3824 99 35 | - - - - | poly brominated biphenyls, poly chlorinated biphenyls, poly chlorinated | kg || terphenyls, crocidolite | | | || 3824 99 36 | - - - - | goods of a kind known as "hazardous waste" | kg || 3824 99 37 | - - - - | phosphogypsum | kg || 3824 99 38 | - - - - | phosphonic acid, methyl-compound with (aminoimino methyl) urea (1: 1) | kg || 3824 99 90 | - - - | other | kg |(19) in chapter 39,––(i) in note 2, in clause (z), after the words "propelling pencils", the words ", and monopods, bipods, tripods and similar articles"shall be inserted;(ii) in sub-heading note 1, in clause (a), in sub-clause (2), after the figures "3901 30", the figures "3901 40," shall be inserted;(iii) in heading 3901, after tariff item 3901 30 00 and the entries relating thereto, the following shall be inserted, namely:––| "3901 40 00 | - | ethylene-alpha-olefin copolymers, having a specific gravity of less than 094 | kg | 125% "; ||---------------|-----|---------------------------------------------------------------------------------|-------|------------|(iv) in heading 3907, for sub-heading 3907 60 and tariff items 3907 60 10 to 3907 60 90 and the entries relating thereto, the following shall be substituted, namely:––| | | " | - | poly(ethylene terephthalate): ||------------|-------|---------------------------------------------------------------------|-----|---------------------------------|| 3907 61 00 | - - | having a viscosity number of 78 ml/g or higher | kg | 125% || 3907 69 | - - | other: | | || 3907 69 10 | - - - | having a viscosity number less than 78ml/g but not less than 72ml/g | kg | 125% || 3907 69 20 | - - - | having a viscosity number less than 72ml/g but not less than 64ml/g | kg | 125% || 3907 69 90 | - - - | other | kg | 125% "; |(v) for sub-heading 3909 30 and tariff items 3909 30 10 to 3909 30 90 and the entries relating thereto, the following shall be substituted, namely:––"-other amino-resins:| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 3909 31 00 | - - | poly(methylene phenyl isocyanate) (crude mdi, polymeric mdi) | kg || 3909 39 | - - | other: | || 3909 39 10 | - - - | poly(phenylene oxide) | kg || 3909 39 90 | - - - | other | kg |(20) in chapter 40, in heading 4011, for tariff items 4011 50 90 to 4011 99 00 and the entries relating thereto, the following shall be substituted, namely:––| "4011 50 90 | - - - | other | u | 125% ||---------------|---------|------------------------------------------------------------------------|-----|----------|| 4011 70 00 | - | of a kind used on agricultural or forestry vehicles and machines | u | 125% || 4011 80 00 | - | of a kind used on construction, mining or industrial handling vehicles | u | 125% || and machines | | | | || 4011 90 00 | - | other | u | 125% "; |(21) in chapter 42,––(i) in heading 4202,––(a) for sub-heading 4202 22 and the entries relating thereto, the following shall be substituted, namely:––| "4202 22 | - - | with outer surface of sheeting of plastics or of textile materials:"; ||------------|-------|-------------------------------------------------------------------------|(b) for sub-heading 4202 32 and the entries relating thereto, the following shall be substituted, namely:––| "4202 32 | - - | with outer surface of sheeting of plastics or of textile materials:"; ||------------|-------|-------------------------------------------------------------------------|(c) for tariff item 4202 92 00 and the entries relating thereto, the following shall be substituted, namely:––| "4202 92 00 | - - | with outer surface of sheeting of plastics or of textile materials | u | 125% "; ||---------------|-------|----------------------------------------------------------------------|-----|------------|(22) in chapter 44,––(i) in note 1, in clause (q), for the word "pencils", the words "pencils, and monopods, bipods, tripods and similar articles" shall be substituted;(ii) the sub-heading note 2 shall be omitted;(iii) in heading 4401,––(a) for sub-heading 4401 10, tariff items 4401 10 10, 4401 10 90 and the entries relating thereto, the following shall be substituted, namely:––| " | - | fuel wood, in logs, in billets, in twigs, in faggots or in similar forms: ||------------|-------|-----------------------------------------------------------------------------|| 4401 11 | - - | coniferous: || 4401 11 10 | - - - | in logs || 4401 11 90 | - - - | other || 4401 12 | - - | non-coniferous: || 4401 12 10 | - - - | in logs || 4401 12 90 | - - - | || other | mt | 125% "; |(b) for tariff items 4401 22 00 and 4401 31 00 and the entries relating thereto, the following shall be substituted, namely:––| "4401 22 00 | - - | non-coniferous | mt | 125% ||---------------------------|----------------------------------------------------------------------|------------------|------|----------|| - | sawdust and wood waste and scrap, agglomerated, in logs, briquettes, | | | || pellets or similar forms: | | | | || 4401 31 00 | - - | wood pellets | mt | 125% "; |(c) after tariff item 4401 39 00 and the entries relating thereto, the following shall be inserted, namely:––| "4401 40 00 | - | sawdust and wood waste and scrap, not agglomerated | mt | 125% "; ||---------------|-----|------------------------------------------------------|------|------------|| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(iv) in heading 4403,––(a) for tariff item 4403 10 00, sub-heading 4403 20 and tariff items 4403 20 10 to 4403 41 00 and the entries relating thereto, the following shall be substituted, namely:––| | " | - | treated with paint, stains, creosote or other preservatives: ||-----------------------------|--------------------------|--------------------------------------------------------------------------------|----------------------------------------------------------------|| 4403 11 00 | - - | coniferous | m || 3 | | | || 125% | | | || 4403 12 00 | - - | non-coniferous | m || 3 | | | || 125% | | | || - | other, coniferous: | | || 4403 21 | - - | of pine (pinus spp), of which any cross-sectional dimension is 15 cm or more: | || 4403 21 10 | - - - | saw logs and veneer logs | m || 3 | | | || 125% | | | || 4403 21 20 | - - - | poles, pilings and posts | m || 3 | | | || 125% | | | || 4403 21 90 | - - - | other | m || 3 | | | || 125% | | | || 4403 22 | - - | of pine (pinus spp), other: | || 4403 22 10 | - - - | saw logs and veneer logs | m || 3 | | | || 125% | | | || 4403 22 20 | - - - | poles, pilings and posts | m || 3 | | | || 125% | | | || 4403 22 90 | - - - | other | m || 3 | | | || 125% | | | || 4403 23 | - - | of fir (abies spp) and spruce (picea spp), of which any cross-sectional | || dimension is 15 cm or more: | | | || 4403 23 10 | - - - | saw logs and veneer logs | m || 3 | | | || 125% | | | || 4403 23 20 | - - - | poles, pilings and posts | m || 3 | | | || 125% | | | || 4403 23 90 | - - - | other | m || 3 | | | || 125% | | | || 4403 24 | - - | of fir (abies spp) and spruce (picea spp), other: | || 4403 24 10 | - - - | saw logs and veneer logs | m || 3 | | | || 125% | | | || 4403 24 20 | - - - | poles, pilings and posts | m || 3 | | | || 125% | | | || 4403 24 90 | - - - | other | m || 3 | | | || 125% | | | || 4403 25 | - - | other, of which any cross-sectional dimension is 15 cm or more: | || 4403 25 10 | - - - | saw logs and veneer logs | m || 3 | | | || 125% | | | || 4403 25 20 | - - - | poles, pilings and posts | m || 3 | | | || 125% | | | || 4403 25 90 | - - - | other | m || 3 | | | || 125% | | | || 4403 26 | - - | other: | || 4403 26 10 | - - - | saw logs and veneer logs | m || 3 | | | || 125% | | | || 4403 26 20 | - - - | poles, pilings and posts | m || 3 | | | || 125% | | | || 4403 26 90 | - - - | other | m || 3 | | | || 125% | | | || - | other, of tropical wood: | | || 4403 41 00 | - - | dark red meranti, light red meranti and meranti bakau | m || 3 | | | || 125% "; | | | |(b) for tariff item 4403 92 00 and the entries relating thereto, the following shall be substituted, namely:––| "4403 93 00 | - - | of beech ( | fagus spp | ), of which any cross-sectional dimension is | 15 | cm or more | m ||---------------|-------|--------------|--------------|-------------------------------------------------|------|---------------|-----|| 3 | | | | | | | || 125% | | | | | | | || 4403 94 00 | - - | of beech | (fagus spp | ), other | m | | || 3 | | | | | | | || 125% | | | | | | | || 4403 95 00 | - - | of birch ( | betula spp | ), of which any cross-sectional dimension is | 15 | cm or more | m || 3 | | | | | | | || 125% | | | | | | | || 4403 96 00 | - - | of birch ( | betula spp | ), other | m | | || 3 | | | | | | | || 125% | | | | | | | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-----------------------|----------------|| (1) | (2) | (3) | (4) || 4403 97 00 | - - | of poplar and aspen ( | populus spp || 3 | | | || 125% | | | || 4403 98 00 | - - | of eucalyptus ( | eucalyptus spp || 3 | | | || 125% "; | | | |(c) for tariff item 4403 99 19 to 4403 99 21 and the entries relating thereto, the following shall be substituted, namely:––| "4403 99 19 | - - - - | rose wood | (dalbergea latifolio ) | m ||-----------------------------------------------------------------------------------|-----------------------------------------------------------------|--------------|--------------------------|-----|| 3 | | | | || 125% | | | | || - - - | sal (chorea robusta, sandalwood (santalum album), semul (bombax | | | || ceiba), walnut wood (juglans binata), anjam (hardwickia binata), sisso (dalbergia | | | | || sisso) and white cedar (dysozylum spp) and the like: | | | | || 4403 99 21 | - - - - | sal | (chorea robusta) | m || 3 | | | | || 125% "; | | | | |(d) the tariff item 4403 99 26 and the entries relating thereto shall be omitted;(e) for tariff item 4403 99 29 and the entries relating thereto, the following shall be substituted, namely:––| "4403 99 90 ||---------------|| 3 || 125% "; |(v) in heading 4406, for tariff items 4406 10 00 and 4406 90 00 and the entries relating thereto, the following shall be substituted, namely:––| | " | - | not impregnated: ||------------|--------|----------------|--------------------|| 4406 11 00 | - - | coniferous | m || 3 | | | || 125% | | | || 4406 12 00 | - - | non-coniferous | m || 3 | | | || 125% | | | || - | other: | | || 4406 91 00 | - - | coniferous | m || 3 | | | || 125% | | | || 4406 92 00 | - - | non-coniferous | m || 3 | | | || 125% "; | | | |(vi) in heading 4407,––(a) for sub-heading 4407 10, tariff items 4407 10 10 to 4407 21 00 and the entries relating thereto, the following shall be substituted, namely:––| | | | " | - | coniferous: ||------------|-------------------|---------------|-----------------------|------------|---------------|| 4407 11 00 | - - | of pine ( | pinus spp | ) | m || 3 | | | | | || nil | | | | | || 4407 12 00 | - - | of fir | (abies spp) | and spruce | ( picea spp) || 3 | | | | | || nil | | | | | || 4407 19 | - - | other: | | | || 4407 19 10 | - - - | douglas fir ( | pseudotsuga menziesii | ) | m || 3 | | | | | || nil | | | | | || 4407 19 90 | - - - | other | m | | || 3 | | | | | || nil | | | | | || - | of tropical wood: | | | | || 4407 21 00 | - - | mahogany | (swietenia spp | ) | m || 3 | | | | | || nil "; | | | | | |(b) after tariff item 4407 95 00 and the entries relating thereto, the following shall be inserted, namely:––| "4407 96 00 | - - | of birch ( | betula spp | ) | m ||---------------|-------|-----------------------|---------------|-----|-----|| 3 | | | | | || nil | | | | | || 4407 97 00 | - - | of poplar and aspen ( | populus spp | ) | m || 3 | | | | | || nil "; | | | | | |(c) tariff item 4407 99 10 and the entries relating thereto shall be omitted;(vii) in heading 4408,––(a) for tariff items 4408 10 90 to sub-heading 4408 31, and the entries relating thereto, the following shall be substituted, namely:––| "4408 10 90 | - - - | other ||---------------|-------------------|----------------------------------------------------------|| - | of tropical wood: | || 4408 31 | - - | of dark red meranti, light red meranti, meranti bakau:"; || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(b) after tariff item 4409 21 00 and the entries relating thereto, the following shall be inserted, namely:––| "4409 22 00 | - - | of tropical wood | kg | 125% "; ||---------------|-------|--------------------|-------|------------|(viii) in heading 4412,––(a) for sub-heading 4412 31 and the entries relating thereto, the following shall be substituted, namely:––| "4412 31 | - - | with at least one outer ply of tropical wood:"; ||------------|-------|---------------------------------------------------|(b) for sub-heading 4412 32, tariff items 4412 32 10 to 4412 32 90, sub-heading 4412 39, tariff items 4412 39 10 to 4412 39 90 and the entries relating thereto, the following shall be substituted, namely:––| "4412 33 | - - | other, with at least one outer ply of non-coniferous wood of the species ||-----------------------------------------------------------------------------------|-------|----------------------------------------------------------------------------|| alder (alnus spp), ash (fraxinus spp), beech (fagus spp), birch (betula spp), | | || cherry (prunus spp), chestnut (castanea spp), elm (ulmus spp), eucalyptus | | || (eucalyptus spp), hickory (carya spp), horse chestnut (aesculus spp), lime | | || (tilia spp), maple (acer spp), oak (quercus spp), plane tree (platanus spp), | | || poplar and aspen (populus spp), robinia (robinia spp), tulipwood (liriodendron | | || spp) or walnut (juglans spp): | | || 4412 33 10 | - - - | decorative plywood || 3 | | || 125% | | || 4412 33 20 | - - - | tea chest panels, shooks whether or not packed in sets || 3 | | || 125% | | || 4412 33 30 | - - - | marine and aircraft plywood || 3 | | || 125% | | || 4412 33 40 | - - - | cutting and trimmings of plywood of width not exceeding || 3 | | || 125% | | || 4412 33 90 | - - - | other || 3 | | || 125% | | || 4412 34 | - - | other, with at least one outer ply of non-coniferous wood not specified || under sub-heading 4412 33: | | || 4412 34 10 | - - - | decorative plywood || 3 | | || 125% | | || 4412 34 20 | - - - | tea chest panels, shooks whether or not packed in sets || 3 | | || 125% | | || 4412 34 30 | - - - | marine and aircraft plywood || 3 | | || 125% | | || 4412 34 40 | - - - | cutting and trimmings of plywood of width not exceeding || 3 | | || 125% | | || 4412 34 90 | - - - | other || 3 | | || 125% | | || 4412 39 | - - | other, with both outer plies of coniferous wood: || 4412 39 10 | - - - | decorative plywood || 3 | | || 125% | | || 4412 39 20 | - - - | tea chest panels, shooks whether or not packed in sets || 3 | | || 125% | | || 4412 39 30 | - - - | marine and aircraft plywood || 3 | | || 125% | | || 4412 39 40 | - - - | cutting and trimmings of plywood of width not exceeding || 3 | | || 125% | | || 4412 39 90 | - - - | other || 3 | | || 125% "; | | |(ix) in heading 4418, for tariff items 4418 71 00 to 4418 90 00 and the entries relating thereto, the following shall be substituted, namely:––| | | " | - | assembled flooring panels: ||------------|--------|-----------------------------------------------------------------|-----|------------------------------|| 4418 73 00 | - - | of bamboo or with at least the top layer (wear layer) of bamboo | kg | 125% || 4418 74 00 | - - | other, for mosaic floors | kg | 125% || 4418 75 00 | - - | other, multilayer | kg | 125% || 4418 79 00 | - - | other | kg | 125% || - | other: | | | || 4418 91 00 | - - | of bamboo | kg | 125% || 4418 99 00 | - - | other | kg | 125% "; || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(x) for heading 4419, sub-heading 4419 00, tariff items 4419 00 10 and 4419 00 20 and the entries relating thereto, the following shall be substituted, namely:–– "4419 tableware and kitchenware, of wood| | | | - | of bamboo: ||------------|-------|--------------------------------------------------|-----|--------------|| 4419 11 00 | - - | bread boards, chopping boards and similar boards | kg | 125% || 4419 12 00 | - - | chopsticks | kg | 125% || 4419 19 00 | - - | other | kg | 125% || 4419 90 | - | other: | | || 4419 90 10 | - - - | bread boards, chopping boards and similar boards | kg | 125% || 4419 90 20 | - - - | chopsticks | kg | 125% || 4419 90 90 | - - - | other | kg | 125%"; |(xi) in heading 4421, for sub-heading 4421 90, tariff items 4421 90 11 to 4421 90 90 and the entries relating thereto, the following shall be substituted, namely:––| " | - | other: ||-----------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|| 4421 91 | - - | of bamboo: || - - - | spools, cops, bobbins, sewing thread reels and the like of turned wood: | || 4421 91 11 | - - - - | for cotton machinery || 4422 91 12 | - - - - | for jute machinery || 4423 91 13 | - - - - | for silk regenerated and synthetic fibre machinery || 4424 91 14 | - - - - | for other machinery || 4421 91 19 | - - - - | other || 4421 91 20 | - - - | wood paving blocks || 4421 91 30 | - - - | match splints || 4421 91 40 | - - - | pencil slats || 4421 91 50 | - - - | parts of wood, namely oars, paddles and rudders for ships, boats and || other similar floating structures | | || 4421 91 60 | - - - | parts of domestic decorative articles used as tableware and kitchenware || 4421 91 70 | - - - | articles of densified wood not included or specified elsewhere || 4421 91 90 | - - - | other || 4421 99 | - - | other: || - - - | spools, cops, bobbins, sewing thread reels and the like of turned wood: | || 4421 99 11 | - - - - | for cotton machinery || 4421 99 12 | - - - - | for jute machinery || 4421 99 13 | | || - - - - | for silk regenerated and synthetic fibre machinery | kg || 4421 99 14 | - - - - | for other machinery || 4421 99 19 | - - - - | other || 4421 99 20 | - - - | wood paving blocks || 4421 99 30 | - - - | match splints || 4421 99 40 | - - - | pencil slats || tariff item | description of goods | unit | rate of duty ||-----------------------------------|------------------------|-------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 4421 99 50 | - - - | parts of wood, namely oars, paddles and rudders for ships, boats and | kg || other similar floating structures | | | || 4421 99 60 | - - - | parts of domestic decorative articles used as tableware and kitchenware | kg || 4421 99 70 | - - - | articles of densified wood not included or specified elsewhere | kg || 4421 99 90 | - - - | other | kg |(23) in chapter 48,––(i) in note 4, after the words, figures and letters "more than 65g/m² ", the words, brackets, figures and letters", and apply only to paper:(a) in strips or rolls of a width exceeding 28cm; or (b) in rectangular (including square) sheets with one side exceeding 28cm and the other side exceeding 15cm in the unfolded state" shall be inserted;(ii) in note 8, the figures and word "4801, and" shall be omitted;(24) in chapter 54,––(i) in heading 5402, for the entry in column (2) occurring after the entry against the heading 5402, the following entry shall be substituted, namely:––"-high tenacity yarn of nylon or other polyamides, whether or not textured:";(ii) for sub-heading 5402 20 and the entries relating thereto, the following shall be substituted, namely:––| "5402 20 | - - | high tenacity yarn of polyesters, whether or not textured: "; ||------------|-------|-----------------------------------------------------------------|(iii) after tariff item 5402 52 00 and the entries relating thereto, the following shall be inserted, namely:––| "5402 53 00 | - - | of polypropylene | kg | 125% "; ||---------------|-------|--------------------|-------|------------|(iv) after tariff item 5402 62 00 and the entries relating thereto, the following shall be inserted, namely:––| "5402 63 00 | - - | of polypropylene | kg | 125% "; ||---------------|-------|--------------------|-------|------------|(25) in chapter 55,––(i) for heading 5502, sub-heading 5502 00, tariff items 5502 10 00 to 5502 90 00 and the entries relating thereto, the following shall be substituted, namely:–– "5502 artificial filament tow| | | 5502 10 | - - | of cellulose acetate: ||------------|-------|-------------------|-------|-------------------------|| 5502 10 10 | - - - | viscose rayon tow | kg | 125% || 5502 10 90 | - - - | other | kg | 125% || 5502 90 | - - | other: | | || 5502 90 10 | - - - | viscose rayon tow | kg | 125% || 5502 90 90 | - - - | other | kg | 125% "; |(ii) after tariff item 5506 30 00 and the entries relating thereto, the following shall be inserted, namely:––| "5506 40 00 | - | of polypropylene | kg | 125% "; ||---------------|-----|--------------------|-------|------------|(26) in chapter 56, for heading 5601, sub-heading 5601 21 and the entries relating thereto, the following shall be substituted, namely:–– "5601 wadding of textile materials and articles thereof; textile fibres, not exceeding 5mm in length (flock), textile dust and mill neps-wadding of textile materials and articles thereof:5601 21- -of cotton:";(27) in chapter 57, in heading 5704, after tariff item 5704 10 00 and the entries relating thereto, the following shall be inserted, namely:––"5704 20-tiles, having a maximum surface area exceeding 03 m² but not exceeding 1 m²:| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|-----------------------------|----------------|| (1) | (2) | (3) | (4) || 5704 20 10 | - - - | cotton | m || 2 | | | || 125% | | | || 5704 20 20 | - - - | woollen, other than artware | m || 2 | | | || 125% | | | || 5704 20 90 | - - - | other | m || 2 | | | || 125% "; | | | |(28) in chapter 60,––(i) after note 3, the following shall be inserted, namely:––"sub-heading note:sub-heading 6005 35 covers fabrics of polyethylene monofilament or of polyester multifilament, weighing not less than 30g/m2 and not more than 55g/m2 , having a mesh size of not less than 20holes/cm2 and not more than 100 holes/cm2, and impregnated or coated with alpha-cypermethrin (iso), chlorfenapyr (iso), deltamethrin (inn, iso), lambda-cyhalothrin (iso), permethrin (iso) or pirimiphosmethyl (iso)" ;(ii) for tariff items 6005 31 00 to 6005 34 00 and the entries relating thereto, the following shall be substituted, namely:––| "6005 35 00 | - - | fabrics specified in sub-heading note 1 to this chapter | kg | 125% ||---------------|-------|------------------------------------------------------------|-------|----------|| 6005 36 00 | - - | other, unbleached or bleached | kg | 125% || 6005 37 00 | - - | other, dyed | kg | 125% || 6005 38 00 | - - | other, of yarns of different colours | kg | 125% || 6005 39 00 | - - | other, printed | kg | 125% "; |(29) in chapter 63,––(i) after note 3, the following shall be inserted, namely:––"sub-heading note:sub-heading 6304 20 covers articles made from fabrics, impregnated or coated with alpha-cypermethrin (iso), chlorfenapyr (iso), deltamethrin (inn, iso), lambda-cyhalothrin (iso), permethrin (iso) or pirimiphosmethyl (iso)";(ii) in heading 6304, after tariff item 6304 19 90 and the entries relating thereto, the following shall be inserted, namely:––| "6304 20 00 | - | bed nets, of warp knit fabrics specified in sub-heading note 1 to this chapter | u | 125% "; ||---------------|-----|----------------------------------------------------------------------------------|-----|------------|(30) in chapter 68, in note1, for clause (m), the following clause shall be substituted, namely:––"(m)articles of heading 9602, if made of materials specified in note 2 (b) tochapter 96, or of heading 9606 (for example, buttons), of heading 9609 (forexample, slate pencils), heading 9610 (for example, drawing slates) or of heading9620 (monopods, bipods, tripods and similar articles); or";(31) in chapter 69,––(i) for heading 6907, sub-heading 6907 10, tariff items 6907 10 10 and 6907 10 90, sub-heading 6907 90, tariff items 6907 90 10 and 690790 90 and the entries relating thereto, the following shall be substituted, namely:–– "6907 ceramic flags and paving, hearth or wall tiles; ceramic mosaic cubes and the like, whether or not on a backing; finishing ceramics| - | flags and paving, hearth or wall tiles, other than those of sub-headings ||----------------------|----------------------------------------------------------------------------|| 6907 30 and 6907 40: | || 6907 21 00 | - - || 2 | || 125% | || 6907 22 00 | - - || 2 | || 125% | || 6907 23 00 | - - || 2 | || 125% | || 6907 30 | - || 6907 30 10 | - - - || 2 | || 125% | || 6907 40 | - || 6907 40 10 | - - - || 2 | || 125% "; | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(ii) the heading 6908, sub-heading 6908 10, tariff items 6908 10 10 to 6908 10 90, sub-heading 6908 90 and tariff items 6908 90 10 to 690890 90 and the entries relating thereto shall be omitted;(32) in section xv, in note 1, for clause (m), the following clause shall be substituted, namely:––"(m)hand sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods,tripods and similar articles or other articles of chapter 96 (miscellaneous manufactured articles); or";(33) in chapter 74, in note 1, for clause (c), the following clause shall be substituted, namely:––"( c )master alloys alloys containing with other elements more than 10 per cent by weight, of copper not usefully malleable and commonly used as an additive in the manufacture of other alloys or as de-oxidants, de-sulphuring agents or for similar uses in themetallurgy of non-ferrous metals however, copper phosphide (phosphor copper) containing more than 15% by weight of phosphorous falls in heading 2853";(34) in chapter 82, for the entry in column (2) occurring against the heading 8205, for the words "machine tools", the words"machine-tools or water-jet cutting machines" shall be substituted;(35) in chapter 83, for the entry occurring against heading 8308, the following shall be substituted, namely:––| " ||-------------------------------------------------------------|| hooks, eyes, eyelets and the like, of base metal, of a kind || used for clothing or clothing accessories, footwear, || jewellery, wrist watches, books, awnings, leather goods, || travel goods or saddlery or for other made up articles; || tubular or bifurcated rivets, of base metal; beads and || spangles, of base metal "; |(36) in section xvi, in note 1, for clause (q), the following clause shall be substituted, namely:––"(q)typewriter or similar ribbons, whether or not on spools or in cartridges (classified according to their constituent material, or in heading 9612 if inked or otherwise prepared for giving impressions), or monopods, bipods, tripods and similar articles, of heading 9620";(37) in chapter 84,––(i) in note 1,––(a) in clause (f), the word "or" shall be omitted;(b) after clause (f), the following clause shall be inserted, namely:––"(g) radiators for the articles of section xvii; or";(c) the existing clause (g) shall be re-lettered as (h);(ii) in note 2, in clause (e), for the words "machinery or plant", the words "machinery, plant or laboratory equipment" shall be substituted; (iii) in note 9, for clause (a), the following clause shall be substituted, namely:––'(a)notes 9(a) and 9(b) to chapter 85 also apply with respect to the expressions "semiconductor devices" and "electronic integrated circuits", respectively, as used in this note and in heading 8486 however, for the purposes of this note and of heading 8486, the expression "semiconductor devices" also covers photosensitive semiconductor devices and light-emitting diodes (led)';(iv) in sub-heading notes,—(a) the following new sub-heading note 1 shall be inserted, namely:––'1for the purposes of sub-heading 8465 20, the term "machining centres"applies only to machine-tools for working wood, cork, bone, hard rubber, hard| tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------------------------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) || plastics or similar hard materials, which can carry out different types of machining | | | || operations by automatic tool change from a magazine or the like in conformity | | | || with a machining programme'; | | | |(b) the existing sub-heading note 1 shall be re-numbered as sub-heading note 2 and after sub-heading note 2 as so re-numbered, the following sub-heading note shall be inserted, namely:––| '3 ||----------------------------------------------------------------------------------|| oleohydraulic or pneumatic transmissions" means valves which are used || specifically in the transmission of "fluid power" in a hydraulic or pneumatic || system, where the energy source is supplied in the form of pressurised fluids || (liquid or gas) these valves may be of any type (for example, pressure-reducing || type, check type) sub-heading 8481 20 takes precedence over all other sub- || headings of heading 8481'; |(c) the existing sub-heading note 2 shall be re-numbered as sub-heading note 4;(v) in heading 8415, for sub-heading 8415 10 and the entries relating thereto, the following shall be substituted, namely:––| '8415 10 ||-------------------------------------|| self-contained or "split-system":'; |(vi) in heading 8424,––(a) after tariff item 8424 30 00 and the entries relating thereto, the following shall be inserted, namely:––| | | | "- | agricultural or horticultural sprayers: ||------------|-----|-------------------|------|-------------------------------------------|| 8424 41 00 | - - | portable sprayers | u | nil || 8424 49 00 | - - | other | u | nil "; |(b) for tariff item 8424 81 00 and the entries relating thereto, the following shall be substituted, namely:––| "8424 82 00 | - - | agricultural or horticultural | u | nil "; ||---------------|-------|---------------------------------|-----|----------|(vii) in heading 8432,––(a) for tariff item 8432 30 00 and the entries relating thereto, the following shall be substituted, namely:––| | | | "- | seeders, planters and transplanters: ||------------|-----|----------------------------------------------------|------|----------------------------------------|| 8432 31 00 | - - | no-till direct seeders, planters and transplanters | u | nil || 8432 39 00 | - - | other | u | nil "; |(b) for tariff item 8432 40 00 and the entries relating thereto, the following shall be substituted, namely:––| | | | "- | manure spreaders and fertiliser distributors: ||------------|-----|-------------------------|------|-------------------------------------------------|| 8432 41 00 | - - | manure spreaders | u | nil || 8432 42 00 | - - | fertiliser distributors | u | nil "; |(viii) for heading 8442 and the entries relating thereto, the following shall be substituted, namely:––| " ||------------------------------------------------------------|| machines of headings 8456 to 8465) for preparing or making || plates, printing components; plates, cylinders and || lithographic stones, prepared for printing purposes || (for example, planed, grained or polished)"; |(ix) in heading 8456,––(a) for tariff item 8456 10 00 and the entries relating thereto, the following shall be substituted, namely:––| | | | "- | operated by laser or other light or photon beam processes: ||------------|-----|--------------------------------------------------|------|--------------------------------------------------------------|| 8456 11 00 | - - | operated by laser | u | 125% || 8456 12 00 | - - | operated by other light or photon beam processes | u | 125% "; || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(b) after tariff item 8456 30 00 and the entries relating thereto, the following shall be inserted, namely:––| "8456 40 00 | - | operated by plasma arc processes | u | 125% ||---------------|-----|------------------------------------|-----|----------|| 8456 50 00 | - | water-jet cutting machines | u | 125% "; |(x) for sub-heading 8459 40, tariff items 8459 40 10 to 8459 40 90 and the entries relating thereto, the following shall be substituted, namely:––| | "- | other boring machines: ||------------|-------|----------------------------------|| 8459 41 | - - | numerically controlled: || 8459 41 10 | - - - | jig boring machines, horizontal || 8459 41 20 | - - - | fine boring machines, horizontal || 8459 41 30 | - - - | fine boring machines, vertical || 8459 41 90 | - - - | other || 8459 49 | - - | other: || 8459 49 10 | - - - | jig boring machines, horizontal || 8459 49 20 | - - - | fine boring machines, horizontal || 8459 49 30 | - - - | fine boring machines, vertical || 8459 49 90 | - - - | other |(xi) for heading 8460, tariff items 8460 11 00 to 8460 21 00, sub-heading 8460 29, tariff items 8460 29 10 to 8460 29 90 and the entries relating thereto, the following shall be substituted, namely:––| " | 8460 | machine-tools for deburring, sharpening, grinding, ||----------------------------------------------------------|---------------------------------|-------------------------------------------------------------|| honing, lapping, polishing or otherwise finishing metal, | | || or cermets by means of grinding stones, abrasives or | | || polishing products, other than gear cutting, gear | | || grinding or gear finishing machines of heading 8461 | | || - | flat-surface grinding machines: | || 8460 12 00 | - - | numerically controlled || 8460 19 00 | - - | other || - | other grinding machines: | || 8460 22 00 | - - | centreless grinding machines, numerically controlled || 8460 23 00 | - - | other cylindrical grinding machines, numerically controlled || 8460 24 00 | - - | other, numerically controlled || 8460 29 | - - | other: || 8460 29 10 | - - - | cylindrical grinders || 8460 29 20 | - - - | internal grinders || 8460 29 30 | - - - | centreless grinders || 8460 29 40 | - - - | profile grinders || 8460 29 90 | - - - | other |(xii) after tariff item 8465 10 00 and the entries relating thereto, the following shall be inserted, namely:––| "8465 20 00 | - | machining centres | u | 125% "; ||---------------|-----|---------------------|-----|------------|(xiii) in heading 8466,––(a) for heading 8466, and the entries relating thereto, the following shall be substituted, namely:––| tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------|------------------------|--------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || " | 8466 | parts and accessories suitable for use solely or | || principally with the machines of headings 8456 to 8465 | | | || including work or tool holders, self-opening dieheads, | | | || dividing heads and other special attachments for the | | | || machines; tool holders for any type of tool, for | | | || working in the hand"; | | | |(b) for sub-heading 8466 30 and the entries relating thereto, the following shall be substituted, namely:––| "8466 30 | - | dividing heads and other special attachments for machines:" ; ||------------|-----|-----------------------------------------------------------------|(xiv) the heading 8469, sub-heading 8469 00, tariff items 8469 00 10 to 8469 00 90 and the entries relating thereto shall be omitted;(xv) in heading 8472, for tariff item 8472 90 90 and the entries relating thereto the following shall be substituted, namely:––| | | " | - - - | other: ||------------|---------|---------------------------------------------|---------|----------|| 8472 90 91 | - - - - | word-processing machines | u | 125% || 8472 90 92 | - - - - | automatic typewriters | u | 125% || 8472 90 93 | - - - - | braille typewriters, electric | u | nil || 8472 90 94 | - - - - | braille typewriters, non-electric | u | nil || 8472 90 95 | - - - - | other typewriters, electric or non-electric | u | 125% || 8472 90 99 | - - - - | other | u | 125% "; |(xvi) in heading 8473,––(a) for heading 8473 and the entries relating thereto, the following shall be substituted, namely:––| " ||------------------------------------------------------------|| cases and the like) suitable for use solely or principally || with machines of headings 8470 to 8472"; |(b) the tariff item 8473 10 00 and the entries relating thereto shall be omitted; (c) for tariff item 8473 50 00 and the entries relating thereto, the following shall be substituted, namely:––| "8473 50 00 ||--------------------------------------|| or more of the headings 8470 to 8472 |(38) in chapter 85,––(i) in the notes, after note 2, the following shall be inserted, namely:––| '3 ||---------------------------------------------------------------------------------------|| includes those presented with ancillary components which contribute to the || accumulator's function of storing and supplying energy or protect it from damage, || such as electrical connectors, temperature control devices (for example, thermistors) || and circuit protection devices they may also include a portion of the protective || housing of the goods in which they are to be used'; |(ii) the existing notes 3, 4, 5, 6, 7, 8 and 9 shall respectively be re-numbered as 4, 5, 6, 7, 8, 9 and 10 ;(iii) in note 9 as so re-numbered, in clause (b), after sub-clause (iii), the following new sub-clause shall be inserted, namely:––| '(iv) ||--------------------------------------------------------------------------------------|| more monolithic, hybrid, or multi-chip integrated circuits with at least one of the || following components: silicon-based sensors, actuators, oscillators, resonators || or combinations thereof, or components performing the functions of articles || classifiable under heading 8532, 8533, 8541, or inductors classifiable under heading || 8504, formed to all intents and purposes indivisibly into a single body like an || tariff item | description of goods | unit | rate of duty ||-------------------------------------------------------------------------------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) || integrated circuit, as a component of a kind used for assembly onto a printed | | | || circuit board (pcb) or other carrier, through the connecting of pins, leads, balls, | | | || lands, bumps, or pads | | | |for the purpose of this definition:(1)"components" may be discrete, manufactured independently then assembled onto the rest of the mco, or integrated into other components(2)"silicon based" means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die(3) (a)"silicon based sensors" consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure "physical or chemical quantities" relates to real world phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc (b)"silicon based actuators" consist of microelectronic and mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electrical signals into physical movement (c)"silicon based resonators" are components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input (d)"silicon based oscillators" are active components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures';(iv) in heading 8528, for tariff items 8528 41 00 to 8528 69 00 and the entries relating thereto, the following shall be substituted, namely:––| "8528 42 00 | - - | capable of directly connecting to and designed for use with an automatic | u | 125% ||-----------------------------------------|-----------------|----------------------------------------------------------------------------|-----|----------|| data processing machine of heading 8471 | | | | || 8528 49 00 | - - | other | u | 125% || - | other monitors: | | | || 8528 52 00 | - - | capable of directly connecting to and designed for use with an automatic | u | 125% || data processing machine of heading 8471 | | | | || 8528 59 00 | - - | other | u | 125% || - | projectors: | | | || 8528 62 00 | - - | capable of directly connecting to and designed for use with an automatic | u | 125% || data processing machine of heading 8471 | | | | || 8528 69 00 | - - | other | u | 125% "; |(v) for tariff item 8531 20 00 and the entries relating thereto, the following shall be substituted, namely:––| "8531 20 00 ||---------------|| diodes (led) |(vi) in heading 8539,––(a) for heading 8539 and the entries relating thereto, the following shall be substituted, namely:–– "8539 electric filament or discharge lamps including sealed beam lamp units and ultra-violet or infra-red lamps, arc lamps; light-emitting diode (led) lamps";(b) after tariff item 8539 49 00 and the entries relating thereto, the following shall be inserted, namely:––| "8539 50 00 | - | light-emitting diode (led) lamps | u | 125% "; ||---------------|------|------------------------------------|-----|------------|| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(vii) in heading 8541,––(a) for heading 8541 and the entries relating thereto, the following shall be substituted, namely:––| " ||-------------------------------------------------------|| photosensitive semi-conductor devices; including || photo voltaic cells, whether or not assembled in || modules or made up into panels; light-emitting diodes || (led); mounted piezo-electric crystals"; |(b) for tariff item 8541 10 00 and the entries relating thereto, the following shall be substituted, namely:––| "8541 10 00 | - | diodes, other than photosensitive or light-emitting diodes(led) | u ||----------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------------------------------------|-----|| ( | c | ) for sub-heading 8541 40 and the entries relating thereto, the following shall be substituted, namely:–– | || "8541 40 | - | photosensitive semi-conductor devices, including photo voltaic cells | "; || whether or not assembled in modules or made up into panels; light-emitting | | | || diodes (led):"; | | | |(39) in section xvii, in note 2, for clause (e), the following clause shall be substituted, namely:––| "(e) ||----------------------------------------------------------------------------------------|| other than the radiators for the articles of this section, articles of heading 8481 or || 8482 or, provided they constitute integral parts of engines and motors, articles of || heading 8483;"; |(40) in chapter 87,––(i) in heading 8701,––(a) for tariff item 8701 10 00, the following shall be substituted, namely:––| "8701 10 00 | - | single axle tractors | u | 125% "; ||---------------|-----|------------------------|-----|------------|(b) for sub-heading 8701 90, tariff items 8701 90 10 and 8701 90 90 and the entries relating thereto, the following shall be substituted, namely:––| | | " | - | other, of an engine power: ||------------|-----|------------------------------------------|-----|------------------------------|| 8701 91 00 | - - | not exceeding 18 kw | u | 125% || 8701 92 00 | - - | exceeding 18 kw but not exceeding 37 kw | u | 125% || 8701 93 00 | - - | exceeding 37 kw but not exceeding 75 kw | u | 125% || 8701 94 00 | - - | exceeding 75 kw but not exceeding 130 kw | u | 125% || 8701 95 00 | - - | exceeding 130 kw | u | 125% "; |(ii) in heading 8702, for sub-heading 8702 10, tariff items 8702 10 11 to 8702 10 99, sub-heading 8702 90, tariff items 8702 90 11 to 870290 99, the following shall be substituted, namely:—| "8702 10 | - | with only compression-ignition internal combustion piston engine ||--------------------------|---------------------------------------------------------------------------|--------------------------------------------------------------------|| (diesel or semi-diesel): | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | || 8702 10 11 | - - - - | integrated monocoque vehicle, air-conditioned || 8702 10 12 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 10 18 | - - - - | other, air-conditioned || 8702 10 19 | - - - - | other, non air-conditioned || - - - | other: | || 8702 10 21 | - - - - | integrated monocoque vehicle, air-conditioned || 8702 10 22 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 10 28 | - - - - | other, air-conditioned || tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------|---------------------------------------------------------------------------|--------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 8702 10 29 | - - - - | other, non air-conditioned | u || 8702 20 | - | with both compression-ignition internal combustion piston engine (diesel | || or semi-diesel) and electric motor as motors for propulsion: | | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 20 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 20 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 20 18 | - - - - | other, air-conditioned | u || 8702 20 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 20 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 20 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 20 28 | - - - - | other, air-conditioned | u || 8702 20 29 | - - - - | other, non air-conditioned | u || 8702 30 | - | with both spark-ignition internal combustion reciprocating piston engine | || and electric motor as motors for propulsion: | | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 30 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 30 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 30 18 | - - - - | other, air-conditioned | u || 8702 30 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 30 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 30 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 30 28 | - - - - | other, air-conditioned | u || 8702 30 29 | - - - - | other, non air-conditioned | u || 8702 40 | - | with only electric motor for propulsion: | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 40 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 40 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 40 18 | - - - - | other, air-conditioned | u || 8702 40 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 40 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 40 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 40 28 | - - - - | other, air-conditioned | u || 8702 40 29 | - - - - | other, non air-conditioned | u || 8702 90 | - | other: | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|---------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 8702 90 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 90 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 90 18 | - - - - | other, air-conditioned | u || 8702 90 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 90 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 90 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 90 28 | - - - - | other, air-conditioned | u || 8702 90 29 | - - - - | other, non air-conditioned | u |(iii) in heading 8703,––(a) in the entry in column (2) occurring after tariff item 8703 10 90 and the entries relating thereto, after the word "with", the word"only" shall be inserted;(b) in the entry in column (2) occurring after tariff item 8703 24 99 and the entries relating thereto, for the words "with compression ignition", the words "with only compression-ignition" shall be substituted;(c) the tariff items 8703 31 20 and 8703 32 20 and the entries relating thereto shall be omitted; (d) after tariff item 8703 33 99 and the entries relating thereto, the following shall be inserted, namely:––| "8703 40 | - | other vehicles, with both spark-ignition internal combustion reciprocating ||-------------------------------------------------------------------------------------|-------|------------------------------------------------------------------------------|| piston engine and electric motor as motors for propulsion, other than those capable | | || of being charged by plugging to external source of electric power: | | || 8703 40 10 | - - - | vehicles principally designed for transport of more than seven persons, || including driver | | || 8703 40 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like || 8703 40 30 | - - - | motor cars || 8703 40 40 | - - - | three-wheeled vehicles || 8703 40 90 | - - - | other || 8703 50 | - | other vehicles, with both compression-ignition internal combustion piston || engine (diesel or semi-diesel) and electric motor as motors for propulsion, other | | || than those capable of being charged by plugging to external source of electric | | || power: | | || 8703 50 10 | - - - | vehicles principally designed for transport of more than seven persons, || including driver | | || 8703 50 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like || 8703 50 30 | - - - | motor cars || 8703 50 40 | - - - | three-wheeled vehicles || 8703 50 90 | - - - | other || 8703 60 | - | other vehicles, with both spark-ignition internal combustion reciprocating || piston engine and electric motor as motors for propulsion, capable of being | | || charged by plugging to external source of electric power: | | || 8703 60 10 | - - - | vehicles principally designed for transport of more than seven persons, || including driver | | || 8703 60 20 | - - - | || specialised transport vehicles such as ambulances, prison vans and the like | u | 30% || 8703 60 30 | - - - | motor cars || tariff item | description of goods | unit | rate of duty ||-------------------------------------------------------------------------------------|------------------------|-----------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 8703 60 40 | - - - | three-wheeled vehicles | u || 8703 60 90 | - - - | other | u || 8703 70 | - | other vehicles, with both compression-ignition internal combustion piston | || engine (diesel or semi-diesel) and electric motor as motors for propulsion, capable | | | || of being charged by plugging to external source of electric power: | | | || 8703 70 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 70 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 70 30 | - - - | motor cars | u || 8703 70 40 | - - - | three-wheeled vehicles | u || 8703 70 90 | - - - | other | u || 8703 80 | - | other vehicles, with only electric motor for propulsion: | || 8703 80 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 80 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 80 30 | - - - | motor cars | u || 8703 80 40 | - - - | three-wheeled vehicles | u || 8703 80 90 | - - - | other | u |(e) for sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries relating thereto, the following shall be substituted, namely:––| "8703 90 00 | - | other | u | 30% "; ||---------------|-----|---------|-----|----------|(iv) in heading 8711,––(a) after tariff item 8711 50 00 and the entries relating thereto, the following shall be inserted, namely:––| | | "8711 60 | - | with electric motor for propulsion: ||------------|-------|--------------|-----|---------------------------------------|| 8711 60 10 | - - - | motor cycles | u | 125% || 8711 60 20 | - - - | scooters | u | 125% || 8711 60 30 | - - - | mopeds | u | 125% || 8711 60 90 | - - - | others | u | 125% "; |(b) for sub-heading 8711 90, tariff items 8711 90 10 to 8711 90 99 and the entries relating thereto, the following shall be substituted, namely:––| | | "8711 90 | - | other: ||------------|-------|------------|----------|----------|| 8711 90 10 | - - - | side cars | u | 125% || 8711 90 90 | | | | || - - - | other | u | 125% "; | |(41) in chapter 90,––(i) in note 1,––(a) in clause (g), after the word "machine-tools", the words "or water-jet cutting machines" shall be inserted; (b) after clause (k), the following clause shall be inserted, namely:––"(l) monopods, bipods, tripods and similar articles, of heading 9620;";(c) the existing clauses (l) and (m) shall respectively be re-lettered as (m) and (n);(ii) in heading 9006, the tariff item 9006 10 00 and the entries relating thereto shall be omitted;| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(42) in chapter 92, in note 1, for clause (d), the following clause shall be substituted, namely:––"(d) brushes for cleaning musical instruments (heading 9603), or monopods, bipods, tripods and similar articles (heading 9620); or";(43) in chapter 94,––(i) in note 1,––(a) in clause (k), the word "or" shall be omitted;(b) in clause (l), the word "or" shall be inserted at the end;(c) after clause (l), the following clause shall be inserted, namely:––"(m) monopods, bipods, tripods and similar articles (heading 9620)";(ii) for tariff item 9401 51 00 and the entries relating thereto, the following shall be substituted, namely:––| "9401 52 00 | - - | of bamboo | u | 125% ||---------------|-------|-------------|-----|----------|| 9401 53 00 | - - | of rattan | u | 125% "; |(iii) for tariff item 9403 81 00 and the entries relating thereto, the following shall be substituted, namely:––| "9401 82 00 | - - | of bamboo | u | 125% ||---------------|-------|-------------|-----|----------|| 9401 83 00 | - - | of rattan | u | 125% "; |(iv) for heading 9406, sub-heading 9406 00, tariff items 9406 00 11 to 9406 00 99 and the entries relating thereto, the following shall be substituted, namely:–– "9406 prefabricated buildings| | | 9406 10 | - | of wood: ||------------|-------|----------------------------|-----|------------|| 9406 10 10 | - - - | green-houses | u | 125% || 9406 10 20 | - - - | for cold storage | u | 125% || 9406 10 30 | - - - | silos for storing ensilage | u | 125% || 9406 10 90 | - - - | other | u | 125% || 9406 90 | - | other: | | || 9406 90 10 | - - - | green-houses | u | 125% || 9406 90 20 | - - - | for cold storage | u | 125% || 9406 90 30 | - - - | silos for storing ensilage | u | 125% || 9406 90 90 | - - - | other | u | 125% "; |(44) in chapter 95,––(i) in note 1,––(a) for clause (e), the following clause shall be substituted, namely:––| "( e ) ||------------------------------------------------------------------------------------|| articles of apparel of textiles, of chapter 61 or 62, whether or not incorporating || incidentally protective components such as pads or padding in the elbow, knee or || groin areas (for example, fencing clothing or soccer goalkeeper jerseys);"; |(b) after clause (t), the following clause shall be inserted, namely:––"(u) monopods, bipods, tripods and similar articles (heading 9620);";(c) the existing clauses (u) and (v) shall respectively be re-lettered as (v) and (w);(45) in chapter 96, after tariff item 9619 00 90 and the entries relating thereto, the following shall be inserted, namely:––| " | 9620 00 00 | - | monopods, bipods, tripods and similar articles | u | 125% " ||-----|--------------|-----|----------------------------------------------------|-----|------------| the ninth schedule (see section 147)| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |in the second schedule to the central excise tariff act,––(i) in heading 4011, for tariff items 4011 61 00 to 4011 99 00 and the entries relating thereto, the following shall be substituted, namely:––| "4011 50 90 | - - - | other | u | 8% ||---------------|---------|-------------------------------------------------------------------------|-----|-------|| 4011 70 00 | - | of a kind used on agricultural or forestry vehicles and machines | u | 8% || 4011 80 00 | - | of a kind used on construction, mining or industrial handling vehicles | u | 8% || and machines | | | | || 4011 90 00 | - | other | u | 8%''; |(ii) for sub-heading 5402 20 and the entries relating thereto, the following shall be substituted, namely:––| "5402 20 | - - | high tenacity yarn of polyesters, whether or not textured: "; ||------------|-------|------------------------------------------------------------------|(iii) in heading 8415, for sub-heading 8415 10 and the entries relating thereto, the following shall be substituted, namely:––| '8415 10 ||--------------------------------|| contained or "split-system":'; |(iv) in sub-heading 8702 10, for tariff items 8702 10 11 to 8702 10 99, sub- heading 8702 90, tariff items 8702 90 11 to8702 90 20 and the entries relating thereto, the following shall be substituted, namely:––| "8702 10 | - | with only compression-ignition internal combustion piston engine (diesel ||--------------------------------------------------------------|----------------------------------------------------------------------------|----------------------------------------------------------------------------|| or semi-diesel): | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | || 8702 10 11 | - - - - | integrated monocoque vehicle, air-conditioned || 8702 10 12 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 10 18 | - - - - | other, air-conditioned || 8702 10 19 | - - - - | other, non air-conditioned || - - - | other: | || 8702 10 21 | - - - - | integrated monocoque vehicle, air-conditioned || 8702 10 22 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 10 28 | - - - - | other, air-conditioned || 8702 10 29 | - - - - | other, non air-conditioned || 8702 20 | - | with both compression-ignition internal combustion piston engine (diesel || or semi-diesel) and electric motor as motors for propulsion: | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | || 8702 20 11 | - - - - | integrated monocoque vehicle, air-conditioned || 8702 20 12 | - - - - | integrated monocoque vehicle, non air-conditioned || 8702 20 18 | - - - - | other, air-conditioned || 8702 20 19 | - - - - | other, non air-conditioned || - - - | other: | || 8702 20 21 | - - - - | integrated monocoque vehicle, air-conditioned || tariff item | description of goods | unit | rate of duty ||----------------------------------------------|----------------------------------------------------------------------------|--------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 8702 20 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 20 28 | - - - - | other, air-conditioned | u || 8702 20 29 | - - - - | other, non air-conditioned | u || 8702 30 | - | with both spark-ignition internal combustion reciprocating piston engine | || and electric motor as motors for propulsion: | | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 30 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 30 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 30 18 | - - - - | other, air-conditioned | u || 8702 30 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 30 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 30 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 30 28 | - - - - | other, air-conditioned | u || 8702 30 29 | - - - - | other, non air-conditioned | u || 8702 40 | - | with only electric motor for propulsion: | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 40 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 40 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 40 18 | - - - - | other, air-conditioned | u || 8702 40 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 40 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 40 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 40 28 | - - - - | other, air-conditioned | u || 8702 40 29 | - - - - | other, non air-conditioned | u || 8702 90 | - | other: | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 90 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 90 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 90 18 | - - - - | other, air-conditioned | u || 8702 90 19 | - - - - | other, non air-conditioned | u || - - - | other: | | || 8702 90 21 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 90 22 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 90 28 | - - - - | other, air-conditioned | u || 8702 90 29 | - - - - | other, non air-conditioned | u || tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) |(v) in sub-heading 8703 10,––(a) in the entry in column (2) occurring after tariff item 8703 10 90 and the entries relating thereto, after the word "with", the word "only"shall be inserted;(b) in the entry in column (2) occurring after tariff item 8703 24 99 and the entries relating thereto, for the word "with", the word "only"shall be inserted;(c) after tariff item 8703 33 99 and the entries relating thereto, the following shall be inserted, namely:––| "8703 40 | - | other vehicles, with both spark-ignition internal combustion | reciprocating ||--------------------------------------------------------------------------------------|----------------------------------------------------------|------------------------------------------------------------------------------|-----------------|| piston engine and electric motor as motors for propulsion, other than those | | | || capable of being charged by plugging to external source of electric power: | | | || 8703 40 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 40 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 40 30 | - - - | motor cars | u || 8703 40 40 | - - - | three-wheeled vehicles | u || 8703 40 90 | - - - | other | u || 8703 50 | - | other vehicles, with both compression-ignition internal combustion piston | || engine (diesel or semi-diesel) and electric motor as motors for propulsion, other | | | || than those capable of being charged by plugging to external source of electric | | | || power: | | | || 8703 50 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 50 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 50 30 | - - - | motor cars | u || 8703 50 40 | - - - | three-wheeled vehicles | u || 8703 50 90 | - - - | other | u || 8703 60 | - | other vehicles, with both spark-ignition internal combustion reciprocating | || piston engine and electric motor as motors for propulsion, capable of being | | | || c | harged by plugging to external source of electric power: | | || 8703 60 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 60 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 60 30 | - - - | motor cars | u || 8703 60 40 | - - - | three-wheeled vehicles | u || 8703 60 90 | - - - | other | u || 8703 70 | - | other vehicles, with both compression-ignition internal combustion piston | || engine (diesel or semi-diesel) and electric motor as motors for propulsion, capable | | | || of being charged by plugging to external source of electric power: | | | || 8703 70 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 70 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 70 30 | - - - | motor cars | u || 8703 70 40 | - - - | three-wheeled vehicles | u || 8703 70 90 | - - - | other | u || tariff item | description of goods | unit | rate of duty ||------------------|------------------------|------------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 8703 80 | - | other vehicles, with only electric motor for propulsion: | || 8703 80 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 80 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 80 30 | - - - | motor cars | u || 8703 80 40 | - - - | three-wheeled vehicles | u || 8703 80 90 | - - - | other | u |(vi) for sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries relating thereto, the following shall be substituted, namely:––| "8703 90 00 | - | other | u | 8%" ||---------------|-----|---------|-----|--------| the tenth schedule (see section 160)| notification no | amendment | period of effect of amendment ||----------------------------------|---------------|---------------------------------|| (1) | (2) | (3) || in the said notification, in the | explanation,– | |gsr 519(e), dated the 29th june,2012 [no41/2012-service tax, dated the 29th june, 2012](a) in clause (a), for sub-clause (i), the following sub-clause shall be substituted and shall be deemed to have been substituted, namely:––"(i) in the case of excisable goods, taxable services that have been used beyond factory or any other place or premises of production or manufacture of the said goods, for their export;";(b) clause (b) shall be omitted1st day of july, 2012 to 2nd february,2016 (both days inclusive) the eleventh schedule (see section 162)| item no | description of goods | rate ||---------------------------------------------------------------------------|------------------------|--------|| (1) | (2) | (3) || 1 | | || all goods falling under heading 8703 of the first schedule to the central | | || excise tariff act, 1985 (5 of 1986) | | || 4% | | | the twelfth schedule[see section 231 (i)]in the seventh schedule to the finance act, 2001,––(a) in column (1), for the tariff item "2403 10 10", the tariff item "2403 11 10" shall be substituted; (b) in column (1), for the tariff item "2403 10 20", the tariff item "2403 19 10" shall be substituted;(c) in column (1), for the tariff item "2403 10 31", the tariff item "2403 19 21" shall be substituted; (d) in column (1), for the tariff item "2403 10 39", the tariff item "2403 19 29" shall be substituted; (e) in column (1), for the tariff item "2403 10 90", the tariff item "2403 19 90" shall be substitutedin the seventh schedule to the finance act, 2001,––(i) for sub-heading 8702 10, tariff items 8702 10 11 to 8702 10 19 and sub-heading 8702 90, tariff items 8702 90 11 to 8702 90 20 and the entries relating thereto, the following shall be substituted, namely:––| tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------|----------------------------------------------------------------------------|--------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || "8702 10 | - | with only compression-ignition internal combustion piston engine (diesel | || or semi-diesel): | | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 10 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 10 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 10 18 | - - - - | other, air-conditioned | u || 8702 10 19 | - - - - | other, non air-conditioned | u || 8702 20 | - | with both compression-ignition internal combustion piston engine (diesel | || or semi-diesel) and electric motor as motors for propulsion: | | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 20 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 20 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 20 18 | - - - - | other, air-conditioned | u || 8702 20 19 | - - - - | other, non air-conditioned | u || 8702 30 | - | with both spark-ignition internal combustion reciprocating piston engine | || and electric motor as motors for propulsion: | | | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 30 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 30 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 30 18 | - - - - | other, air-conditioned | u || 8702 30 19 | - - - - | other, non air-conditioned | u || 8702 40 | - | with only electric motor for propulsion: | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 40 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 40 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 40 18 | - - - - | other, air-conditioned | u || 8702 40 19 | - - - - | other, non air-conditioned | u || 8702 90 | - | other: | || - - - | vehicles for transport of not more than 13 persons, including the driver: | | || 8702 90 11 | - - - - | integrated monocoque vehicle, air-conditioned | u || 8702 90 12 | - - - - | integrated monocoque vehicle, non air-conditioned | u || 8702 90 18 | - - - - | other, air-conditioned | u || 8702 90 19 | - - - - | other, non air-conditioned | u |(ii) in the entry in column (2) occurring after tariff item 8703 10 90 and the entries relating thereto, after the word "with", the word "only"shall be inserted;(iii) in the entry in column (2) occurring after tariff item 8703 24 99 and the entries relating thereto, after the word "with", the word "only"shall be inserted;(iv) after tariff item 8703 33 99 and the entries relating thereto, the following shall be inserted, namely:––| tariff item | description of goods | unit | rate of duty ||--------------------------------------------------------------------------------------|------------------------|------------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || "8703 40 | - | other vehicles, with both spark-ignition internal combustion reciprocating | || piston engine and electric motor as motors for propulsion, other than those | | | || capable of being charged by plugging to external source of electric power: | | | || 8703 40 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 40 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 40 30 | - - - | motor cars | u || 8703 40 40 | - - - | three-wheeled vehicles | u || 8703 40 90 | - - - | other | u || 8703 50 | - | other vehicles, with both compression-ignition internal combustion piston | || engine (diesel or semi-diesel) and electric motor as motors for propulsion, other | | | || than those capable of being charged by plugging to external source of electric | | | || power: | | | || 8703 50 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 50 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 50 30 | - - - | motor cars | u || 8703 50 40 | - - - | three-wheeled vehicles | u || 8703 50 90 | - - - | other | u || 8703 60 | - | other vehicles, with both spark-ignition internal combustion reciprocating | || piston engine and electric motor as motors for propulsion, capable of being | | | || charged by plugging to external source of electric power: | | | || 8703 60 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 60 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 60 30 | - - - | motor cars | u || 8703 60 40 | - - - | three-wheeled vehicles | u || 8703 60 90 | - - - | other | u || 8703 70 | - | other vehicles, with both compression-ignition internal combustion piston | || engine (diesel or semi-diesel) and electric motor as motors for propulsion, capable | | | || of being charged by plugging to external source of electric power: | | | || 8703 70 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 70 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 70 30 | - - - | motor cars | u || 8703 70 40 | - - - | three-wheeled vehicles | u || tariff item | description of goods | unit | rate of duty ||------------------|------------------------|------------------------------------------------------------------------------|----------------|| (1) | (2) | (3) | (4) || 8703 70 90 | - - - | other | u || 8703 80 | - | other vehicles, with only electric motor for propulsion: | || 8703 80 10 | - - - | vehicles principally designed for transport of more than seven persons, | u || including driver | | | || 8703 80 20 | - - - | specialised transport vehicles such as ambulances, prison vans and the like | u || 8703 80 30 | - - - | motor cars | u || 8703 80 40 | - - - | three-wheeled vehicles | u || 8703 80 90 | - - - | other | u |(v) for sub-heading 8703 90, tariff items 8703 90 10 and 8703 90 90 and the entries relating thereto, the following shall be substituted, namely:––| tariff item | description of goods | unit | rate of duty ||---------------|------------------------|--------|----------------|| (1) | (2) | (3) | (4) || "8703 90 00 | - | other | u | the fourteenth schedule (see section 234)in the seventh schedule to the finance act, 2005,––(a) for the entry in column (4) occurring against tariff item 2402 20 10, the entry "rs215 per thousand" shall be substituted;(b) for the entry in column (4) occurring against tariff item 2402 20 20, the entry "rs370 per thousand" shall be substituted; (c) for the entry in column (4) occurring against tariff item 2402 20 30, the entry "rs215 per thousand" shall be substituted; (d) for the entry in column (4) occurring against tariff item 2402 20 40, the entry "rs260 per thousand" shall be substituted; (e) for the entry in column (4) occurring against tariff item 2402 20 50, the entry "rs370 per thousand" shall be substituted; (f) for the entry in column (4) occurring against tariff item 2402 20 90, the entry "rs560 per thousand" shall be substituted the fifteenth schedule (see section 239) repeals| year | no | short title | extent of repeal ||----------------------------------------------|-------|----------------------------------------------------|--------------------|| (1) | (2) | (3) | (4) || section 2 | | | || 1946 | 22 | the mica mines labour welfare fund act, 1946 | || the whole | | | || 1953 | 49 | the salt cess act, 1953 | || 1958 | 44 | the merchant shipping act, 1958 | || section 261, clause (y) of section 262, | | | || section 356m, section 356n, clause (e) of | | | || section 356-o | | | || 1963 | 41 | the textiles committee act, 1963 | || sections 5a, 5d, 5e, 5f, clause (aa) of | | | || sub-section (1) of section 7 and clause (da) | | | || of sub-section (2) of section 22 | | | || sections 3, 4 and clauses (a) to (f) of sub- | | | || section (2) of section 16 | | | || 1972 | 62 | the limestone and dolomite mines labour welfare | || fund act, 1972 | | | || the whole | | | || 1975 | 26 | the tobacco cess act, 1975 | || sections 3, 4, 5 and section 6 | | | || 1976 | 55 | the iron ore mines, manganese ore mines and chrome | || ore mines labour welfare cess act, 1976 | | | || clause (a) of section 3 | | | || 1981 | 30 | the cine-workers welfare cess act, 1981 | | amendments| year | no | short title | amendments ||------------------------------------------|-------|------------------------------------------|--------------|| (1) | (2) | (3) | (4) || 1972 | 62 | the limestone and dolomite mines labour | || welfare fund act, 1972 | | | || for sub-section (1) of section 5, the | | | || following sub-section shall be | | | || substituted, namely:–– | | | || constitution | | | || of fund | | | || "(1) the central government shall | | | || constitute a fund called the limestone | | | || and dolomite labour welfare fund | | | || (hereinafter referred to as the fund)" | | | || 1976 | 56 | the beedi workers welfare cess act, 1976 | || in sub-section (1) of section 3, for the | | | || words "not be less than fifty paisa or | | | || more than five rupees", the words | | | || "not be less than five rupees or more | | | || than twenty-four rupees" shall be | | | || substituted | | | |———— a billto give effect to the financial proposals of the central government for the finanial year 2016–2017————(as passed by lok sabha)gmgipmrnd—712ls(s3)—04-05-2016 | Parliament_bills | 6df1ff09-0250-5219-83bd-1fcb8042abd8 |
bill no 15~ of 1981' the appropriation (no6) bill, 1981a 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 3lst day of march 1980 in e:x;cess of the amounts granted for those services and for that year be it enacted by parliament in the thirty-second year of the republic of india as folloml:-1 this ,4ct may be called the appropriation (no6) act, 1981 short title issue of &105, 09,33,274 2 from and out of the consolidated fund of india, the sums 5 specified in column 3 of the schedule amounting in the aggregate to the sum of one hundred and five crores, nine lakh-;, thirty-three thousand, two hundred and seventy-four 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 10 schedule during the financial year ended on the 31st day of march, 1980, in exc~ of the amounts granted for those services and for that year outoft~ consolidated fund of india to meet certain excesr expenditure for the year endeclon the 31ri march, l~80· appro-priation 3 the sums deemed to have been authorised to be paid and applied from and {\ut 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, 1980 the schedule i (seeectlods 2 and 3)ii s , ,,~ - , , services and purpoe ~ no 5°' vote yoted ~ total po"tion ,pc:wt1on o· -, ra as as 10 16 posta and te1epapba-working expeuiei - revedue 937°5049 · 9:i705049 110 defence servicel-aruly revenue 611057°4!l2 · 62°57°422 1111 defence services-air force revenue 11441•61337 · 114041•61337 311 ministry of fidance revenue 812,1253121 t 8a,1i5,s21 38 currency, coinage and mint revenue 38,75,8s5 , s8,75,8s5 '5 39 pensions revenue ",1391,917 ,1391917 caaaolld-h",st ptgmmii revenue 3$8,j6001 3,5856007 53 delhi cpltal lj9s~so 13,95,1150 54 chandiprh revenue 44>1°3 44,703 capital 1604>555 8s933 16190>488 lzo go p\&blic works revenue z~36$ 12,365 92 h~ and urban opment revenue ",j80 ,sao ' 0 -' 101359m36\ total 3,1398,838 1°5,09>33,-74 , , , - statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the icentral government, exc1~g railways, for the financial year ended on the 31st day of march, 1980 r venkataraman president's recommendation under article 117 of the constitution of india[copy of letter no f 4(57)-b(se) /81, dated the 7th december, 1981 from shri r venkataraman, minister of finam:e to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to provine for the authorisation of appropriation of moneys out of the consolidated fl'lld of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1980, in excess of tthe amounts granted for the sain: services and for that year recommends under clauses (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no6) bill, 1981, in lok sabha and also recommends to lok sabha the consideration of the bill a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during' /the ftnancial year end~ on the 31st day of march, 1980 in excess of the amounts granted for those services and, for that year i - (shri r ver&katcjraman, minister of fm4nce) | Parliament_bills | 3dc55e61-2535-5018-94eb-54232f6e5f04 |
bill no xiv of 2012 the armed forces covenant bill, 2012 a billto enshrine in law a covenant prescribing a commitment between the people of india andthe armed forces community serving as well as retired and their immediate families pledging a duty of care and improving support towards them in return for their bravery and sacrifices made for protecting the nation and to ensure that they face no disadvantage compared to other citizens in the provision of public and commercial services and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the armed forces covenant act, 2012(2) it extends to the whole of india (3) save as otherwise provided in this act, it shall apply to—short title, extent, applicability and commencement5(a) serving members of indian armed forces and their immediate families; and (b) retired members of indian armed forces and their immediate families, wheneverthis may be(4) it shall come into force with immediate effectdefinitions2 in this act unless the context otherwise requires,—(a) "advisory committee", means the advisory committee to advise the ministry of defence on matters relating to pensions and compensation constituted under section 4;5(b) "appropriate government", means in the case of a state, the government of that state, and in other cases, the central government;(c) "armed forces community" includes serving and retired personnel of the air force, army and navy, and their immediate families;(d) "commission" means the armed forces grievances redressal commission established under section 5;10(e) "immediate family" means spouses, children and parents including bereaved ones(f) "ministry" means the ministry of defence; (g) "prescribed" means prescribed by rules made under this act;1515 of 1947(h) words and expressions used and not defined in this act but defined in the armed forces (emergency duties) act, 1947, the air force act, 1950, the army act, 1950, the army and air force (disposal of private property) act, 1950, the navy act, 1957 and the armed forces (special powers) act, 1958, shall have the meanings respectively assigned to them in those acts45 of 1950 46 of 1950 40 of 1950 62 of 1957 28 of 195820armed forces covenant3 (1) notwithstanding anything contained in any other law for the time being in force, there shall be an armed forces covenant pledging a commitment to care for members of armed forces community in return for their commitment, bravery and sacrifices made for protecting the country at borders and fighting enemies within and extending services during natural and other disasters25(2) without prejudice to the generality of the provisions of sub-section (1), the covenant referred to therein may provide for the armed forces community and their families,—30(a) medical support and adequate and appropriate healthcare services at militaryhospitals, armed forces medical clinics and recognized private hospitals and nursing homes and government hospitals, dispensaries and medical centers run by appropriate government;35(b) appropriate training and education to service personnel for both personaland professional development, including the opportunity to gain nationally recognized civilian qualification, in order to support them through their service career and to prepare them for life after leaving the service(c) educational facilities including higher education, medical and technicaleducation, vocational education facilities to their dependent children in schools, colleges, institutes run by armed forces, and in appropriate government or private sector;40(d) good quality, affordable and suitably located accommodation improving their living conditions;(e) access to tax benefits same as any other citizen, except where tailored alternative schemes are in place;45(f) adequate support and compensation for those injured in operations or training;(g) comprehensive system of compensation and maintenance for disabled servicemen and bereaved families and widow's pension;(h) monthly index linked guaranteed income payment for life upon discharge to more seriously injured;(i) right to claim civil damages against the ministry where the personnel believe that the injury, illness or death was a result of negligence on the part of the ministry;50(j) sufficient time limit for claiming compensation under this act and provision for extending the time limit in genuine cases like illness, etc;(k) mental health support for those who may have suffered psychological injuryas a result of their service or in cases wherever required;5(l) free legal aid wherever required; (m) reservation in civilian jobs and in particular related to security of theappropriate government;(n) attractive pay and perks than the civilians to draw in the best talents in thearmed forces;10(o) one rank, one pension scheme; (p) such other measure as may be deemed necessary for the welfare andrehabilitationestablishment of an advisory committee154 (1) the central government shall, as soon as may be, by notification in the official gazette, establish an advisory committee consisting of the chief of defence services, the chiefs of air force, army and navy, one representative each of the three wings of the armed forces, two representatives of the ministry, not less than six representatives of ex-service organizations preferably recognized by the ministry and one representative each from the union ministries of finance and law and justice to be appointed by the central government in such manner as may be prescribed20(2) it shall be the duty of the advisory committee to advise the ministry on mattersrelating to pay and perks, pensions and compensation for the members of the armed forces covered under this act in such manner as may be prescribed255 (1) the central government shall, as soon as may be, but not later than six months from the commencement of this act, by notification in the official gazette, establish a commission to be called the armed force grievances redressal commission for carrying out the functions assigned under the actestablishment of the armed forces grievances redressal commission(2) the commission shall consist of,—30(a) a chairperson who shall be a retired judge of the supreme court or of ahigh court to be appointed by the central government in consultation with the chiefjustice of india;(b) the chief of defence services, the chiefs of air force, army and navy andthe defence secretary of the union government as members;(c) the secretary and one additional secretary of the department of legalaffairs of the union ministry of law & justice as members35(3) the ministry shall provide secretarial assistance to the commission(4) the commission shall follow such procedure in discharing its function as may be prescribed(5) the functions of the commission shall include:—40(a) to look into all grievances submitted to it in writing or through email by serving or retired personnel of the armed forces community and take appropriate decisions thereon;(b) forming schemes for proper rehabilitation of armed forces personnel whoare discharged at young ages;45(c) recommending changes in rules or regulations if the commission is of theopinion that the rules or regulations, as the case may be, are defective or inadequate(d) such other issues as may be referred to it by the ministry or suo motu taken by the commission that are necessary and expedient for carrying out the purposes of this act6 (1) the minister of defence shall in each calendar year,—(a) prepare an armed forces covenant report; andarmed forces covenant report5(b) lay a copy of the report before each house of parliament(2) an armed forces covenant report shall be a report about the effects that the demands of service may have on the armed forces community, and particular descriptions of such people—(a) in the fields of healthcare, education and housing; and10(b) in such other fields as the minister may determine(3) in preparing an armed forces covenant report, the minister shall have regard in particular to—(a) the unique obligations of, and sacrifices made by the armed forces;15(b) the principle that it is desirable to remove disadvantages arising for the armed forces personnel from being or having been in service; and(c) the principle that special provision for armed forces community may be justified by the effects on such people of the demands of service of the armed forces20(4) an armed forces covenant report shall also state whether, in the minister of defence's opinion, any effects covered in the report are such that armed forces community or particular descriptions of such persons are at a disadvantage with regard to the field (s) in question, when compared with other persons or such descriptions of other persons that the minister of defence may consider appropriate25(5) where the minister of defence's opinion is that the armed forces community or particular descriptions of such persons are at a disadvantage as mentioned in sub-section (4), the report shall set out the minister of defence's response to that(6) with regard to effect covered by an armed forces covenant report—30(a) the minister of defence shall consider whether the making of special provision for the armed forces community or particular descriptions of such persons would be justified; and(b) where the minister of defence considers that such provision would be justified, the report contain a reference to that fact7 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 act35central government to provide funds act to have overriding effect8 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 the armed forces communitypowers to make rules9 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsthe nation's commitment to respect and support its armed forces is an unwritten pact between society and the military, and this pact has been reinforced by customs and conventions since time immemorial centuries ago, kautilya, the great political strategist, wrote to chandragupta maurya on the importance of having a pact between society and military: "the day the soldier has to demand his dues will be a sad day for magadha for then on that day, you will have lost all moral sanction to be king"our nation is aware of the bravery and sacrifices made by our armed forces personnel who are protecting the country at the borders as well as fighting enemies within and helping the nation during natural calamities the armed forces constitutes a truly unique and dedicated group of people, whose sense of selfless service and nationalism is a matter of great pride and dignity for the nation families also play a vital role in offering moral support to the armed forcestherefore, the country needs to demonstrate its commitment to the wellbeing of our brave armed forces personnel and their families it is the duty of the nation to ensure that the armed forces personnel and their families have the support they need and are treated fairly and with the dignity and respect that they deservethis bill underlines the country's commitment and its moral obligation towards the armed forces and their families it will also require the minister of defence to present an annual covenant report to the parliament every year on the progress of improvements to the covenant in key areas including healthcare, housing and education these measures will provide a regular review of the policies that will make greater support to our armed forces and ensure that parliament can scrutinize this review through on annual report, and that the report itself is widely informed, consultative and transparenthence, this billrajeev chandrasekhar financial memorandumclause 3 of the bill provides for a covenant for the armed forces, pledging a commitment to care for members of the armed forces and their families clause 4 provides for the establishment of an advisory committee clause 5 provides for the establishment of a armed forces grievances redressal commission clause 7 makes it obligatary 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 exact amount which may be involved, but it is estimated that up to fifteen percent of the amount allocated to defence services in the union budget 2011-12 may be provisioned to account for the recurring as well as non-recurring expenditure in this regard memorandum regarding delegated legislationclause 9 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto enshrine in law a covenant prescribing a commitment between the people of india and thearmed forces community serving as well as retired and their immediate families pledging a duty of care and improving support towards them in return for their bravery and sacrifices made for protecting the nation and to ensure that they face no disadvantage compared to other citizens in the provision of public and commercial services and for matters connected therewith or incidental thereto————(shri rajeev chandrasekhar, mp)mgipmrnd—2086rs(s3)—09-08-2012 | Parliament_bills | ab66fe4c-f7c4-5599-94f7-6187554f602c |
the airports economic regulatory authority of india bill, 2007———— arrangement of clauses———— chapter i preliminary clauses1 short title, commencement and application 2 definitions chapter ii the airports economic regulatory authority3 establishment of authority 4 composition of authority 5 constitution of selection committee to recommend members 6 terms of office and other conditions of service, etc, of chairperson and members 7 power of chairperson 8 removal and suspension of members 9 appointment of secretary, experts, professionals and officers and other employees ofauthority10 meetings11 authentication 12 vacancies, etc, not to invalidate proceedings of authority chapter iii powers and functions of the authority13 functions of authority 14 powers of authority to call for information, conduct investigations, etc 15 power of authority to issue certain directions 16 power of seizure chapter iv appellate tribunal17 establishment of appellate tribunal 18 application for settlement of disputes and appeals to appellate tribunal 19 composition of appellate tribunal 20 qualifications for appointment of chairperson and members clauses21 term of office 22 terms and conditions of service 23 vacancies 24 removal and resignation 25 staff of appellate tribunal 26 decision to be by majority 27 members, etc, to be public servants 28 civil court not to have jurisdiction29 procedure and powers of appellate tribunal30 right to legal representation 31 appeal to supreme court 32 orders passed by appellate tribunal to be executable as a decree chapter v finance, accounts and audit 33 budget34 grants by central government 35 annual statement of accounts 36 furnishing of returns, etc, to central government chapter vi offences and penalties37 penalty for wilful failure to comply with orders of appellate tribunal 38 punishment for non-compliance of orders and directions of this act39 punishment for non-compliance with order of the authority or appellate tribunal 40 offences by companies 41 offences by government departments chapter vii miscelleneous42 directions by central government 43 members, officers and employees of authority to be public servants 44 bar of jurisdiction 45 protection of action taken in good faith 46 exemption from tax on wealth and income 47 cognizance of offences 48 delegation of powers 49 power of central government to supersede authority (iii) clauses50 application of other laws not barred 51 power to make rules 52 power to make regulations 53 rules and regulations to be laid before parliament 54 amendment of certain enactments 55 power to remove difficultiesthe schedule bill no 72 of 2007 the airports economic regulatory authority of india bill, 2007 a billto provide for the establishment of an airports economic regulatory authority to regulate tariff and other charges for the aeronautical services rendered at airports and to monitor performance standards of airports and also to establish appellate tribunal to adjudicate disputes and dispose of appeals 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 airports economic regulatory authority of india act, 2007short title, commencement and application(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint(3) it applies to—(a) all airports whereat air transport services are operated or are intended to be operated, other than airports and airfields belonging to or subject to the control of the armed forces or paramilitary forces of the union;(b) all private airports and leased airports;(c) all civil enclaves; (d) all major airportsdefinitions2 in this act, unless the context otherwise requires,—(a) "aeronautical service" means any service provided–(i) for navigation, surveillance and supportive communication thereto for air traffic management;(ii) for the landing, housing or parking of an aircraft or any other ground facility offered in connection with aircraft operations at an airport;(iii) for providing ground safety services at an airport;22 of 1934(b) "airport" means a landing and taking off area for aircrafts, usually with runways and aircraft maintenance and passenger facilities and includes an aerodrome as defined in clause (2) of section 2 of the aircraft act, 1934;(c) "airport user" means any person availing of passenger facilities at an airport;(d) "appellate tribunal" means the airports economic regulatory authority appellate tribunal established under section 17;(e) "authority" means the airports economic regulatory authority established under sub-section (1) of section 3;(f) "civil enclave" means an area, if any, allotted at an airport belonging to any armed force of the union, for use by persons availing of any air transport services from such airport or for the handling of baggage or cargo by such service, and includes land comprising of any building and structure on such area;(g) "chairperson" means the chairperson of the authority appointed under sub-section (2) of section 4;55 of 1994(h) "leased airport" means an airport in respect of which a lease has been made under section 12a of the airports authority of india act, 1994;(i) "major airport" means any airport which has, or is designated to have, annual passenger throughout in excess of one and a half million or any other airport as the central government may, by notification, specify as such;(j) "member" means a member of the authority and includes the chairperson;(k) "prescribed" means prescribed by rules made under this act;(l) "private airport" has the same meaning as assigned to it in clause (nn) of section 2 of the airports authority of india act, 1994;55 of 1994(m) "regulations" means regulations made by the authority under this act;(n) "service provider" means any person who provides aeronautical services and is eligible to levy and charge user development fees from the embarking passengers at any airport and includes the authority which manages the airport;55 of 1994(o) words and expressions used but not defined in this act and defined in the airports authority of india act, 1994 shall have the same meanings respectively assigned to them in that act chapter ii the airports economic regulatory authorityestablishment of authority 3 (1) the central government shall, within three months from the date of commencement of this act, by notification in the official gazette, establish an authority, to be known as the airports economic regulatory authority, to exercise the powers conferred on, and 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 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 such place as the central government may, by notification in the official gazette, specifycomposition of authority4 (1) the authority shall consist of a chairperson and two other members to be appointed by the central government:provided that whenever the authority is deciding a matter involving a civil enclave in a defence airfield, there shall be an additional member, not below the rank of additional secretary on the authority, to be nominated by the ministry of defence(2) the chairperson and members of the authority shall be appointed by the central government from amongst persons of ability and integrity having adequate knowledge of, and professional experience in, aviation, economics, law, commerce or consumer affairs: provided that a person who is or has been in the service of government shall not be appointed as a member unless such person has held the post of secretary or additional secretary to the government of india or any equivalent post in the central or state government for a total period of not less than three years(3) the chairperson and other members shall be whole time members (4) the chairperson or other members shall not hold any other office (5) the chairperson shall be the chief executive of the authority (6) the chairperson and other members of the authority shall be appointed by the central government on the recommendation of selection committee referred to in section 55 (1) the central government shall, for the purpose of sub-section (6) of section 4constitute a selection committee consisting of the following, namely:—(a) cabinet secretary —chairman;constitution of selection committee to recommend members(b) secretary, in the ministry of civil aviation - member;(c) secretary, department of legal affairs in the ministry oflaw and justice- member;(d) secretary, in the ministry of defence- member;(e) one expert to be nominated by the ministry of civil aviation- member(2) the central government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or end of tenure of any chairperson or member, 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 within one month 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 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 shall be invalid merely by reason of any vacancy in the selection committee6 (1) the chairperson and other members, shall hold office, as such, for a term of five years from the date on which he enters upon his office, but shall not be eligible for re-appointment:terms of office and other conditions of service, etc, of chairperson and membersprovided that no chairperson or other member shall hold office, as such, after he attains —(a) in the case of the chairperson, the age of sixty-five years; and (b) in the case of any other 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 other members shall be such as may be prescribed(3) the salary, allowances and other conditions of service of the chairperson and other members shall not be varied to their disadvantage after their appointment(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–(a) be ineligible for further employment under the central government or any state government for a period of two years from the date he ceases to hold such office;(b) not accept any commercial employment including private for a period of two years from the date he ceases to hold such office; or(c) not represent any person before the authority in any other mannerexplanation—for the purposes of this sub-section,—(a) "employment under the central government or state government" includes employment under any local or other authority within the territory of india or under the control of the central government or state government or under any corporation or society owned or controlled by the government(b) "commercial employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in any field and includes also a director of a company or partner of a firm and it also includes setting up practice either independently or as partner of a firm or as an adviser or a consultantpower of chairperson7 the chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the authority and he shall, in addition to presiding over the meetings of the authority, exercise and discharge such powers and functions of the authority and shall discharge such other powers and functions as may be prescribed8 (1) the central government may, by order, remove from office the chairperson or other member, if the chairperson or such other member, as the case may be,—removal and suspension of members(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 interest, 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; or(f) has engaged at any time during his term of office in any other employment (2) the chairperson or any other member shall not be removed from his office except by an order of the central government on the ground of his proved misbehavior or incapacity after the central government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the central government, come to the conclusion that the member ought on any such ground to be removed(3) the central government may suspend any member in respect of whom an inquiry under sub-section (2) is being initiated or pending until the central government has passed an order on receipt of the report of the inquiry9 (1) the central government may appoint a secretary to discharge his functions under this act(2) the authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this actappointment of secretary, experts, professionals and officersand otheremployees of authority(3) the salaries and allowances payable to and other terms and conditions of service of the secretary and officers and other employees of the authority and the number of such officers and other employees shall be such as may be prescribed(4) the authority may engage, in accordance with the procedure specified by regulations such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to aviation as it deems necessary to assist the authority in the discharge of its functions under this actmeetings 10 (1) the authority shall meet at such places and times 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 determined by regulations(2) the chairperson shall preside at the meeting of the authority and if for any reason the chairperson 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 of the members present and voting and, in the event of an equality of votes, the chairperson or the person presiding shall have the right to exercise a second or casting vote(4) save as otherwise provided in sub-section (1), every member shall have one voteauthentication11 all orders and decisions of the authority shall be authenticated by signatures of the secretary or any other officer of the authority, duly authorised by the authority in this behalf 12 no act or proceedings of the authority shall be invalid merely by reason of —(a) any vacancy in, or any defect in, the constitution of the authority; or (b) any defect in the appointment of a person acting as a member of the authority; orvacancies, etc, not to invalidate proceedingsof authority(c) any irregularity in the procedure of the authority not affecting the merits of the case chapter iii powers and functions of the authorityfunctions of authority 13 (1) the authority shall perform the following functions in respect of major airports, namely:— (a) to determine the tariff for the aeronautical services taking into consideration—(i) the capital expenditure incurred and timely investment in improvement of airport facilities;(ii) the service provided, its quality and other relevant factors; (iii) the cost for improving efficiency; (iv) economic and viable operation of major airports;(v) the concession offered by the central government in any agreement or memorandum of understanding or otherwise;(vi) any other factor which may be relevant for the purposes of this act: provided that different tariff structures may be determined for different airports having regard to all or any of the above considerations specified at sub-clauses (i) to (vi); (b) to determine the amount of the development fees in respect of major airports;22 of 1934(c) to determine the amount of the passengers service fee levied under rule 88of the aircraft rules, 1937 made under the aircraft act, 1934;powers of authority to call for information, conduct investigations, etc(d) to monitor the set performance standards relating to quality, continuity and reliability of service as may be specified by the central government or any authority authorised by it in this behalf;(e) to call for such information as may be necessary to determine the tariff under clause (a);(f) to perform such other functions relating to tariff, as may be entrusted to it by the central government or as may be necessary to carry out the provisions of this act (2) the authority shall determine the tariff once in five years and may if so considered appropriate and in public interest, amend, from time to time during the said period of five years, the tariff so determined(3) while discharging its functions under sub-section (1) the authority shall not act against the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality(4) the authority shall ensure transparency while exercising its powers and discharging its functions, inter alia,—(a) by holding due consultations with all stake-holders with the airport; (b) by allowing all stake-holders to make their submissions to the authority; and(c) by making all decisions of the authority fully documented and explained 14 (1) where the authority considers it expedient so to do, it may by order in writing—(a) call upon any service provider at any time to furnish in writing such information or explanation relating to its functions as the authority may require to access the performance of the service provider; or(b) appoint one or more persons to make an inquiry in relation to the affairs of any service provider; and(c) direct any of its officers or employees to inspect the books of account or other documents of any service provider (2) where any inquiry in relation to the affairs of a service provider has been undertaken under sub-section (1)—(a) every office of the government department, if such service provider is a department of the government; or(b) every director, manager, secretary or other officer, if such service provider is a company; or(c) every partner, manager, secretary or other officer, if such service provider is a firm; or(d) every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses (b) or (c), shall be bound to produce before the authority making the inquiry, all such books of account or other documents in his custody or power relating to, or having a bearing on the subjectmatter of such inquiry and also to furnish to the authority with any such statement or information relating thereto, as the case may be, required of him, within such time as may be specified (3) every service provider shall maintain such books of account or other documents as may be prescribed(4) the authority shall have the power to issue such directions to monitor the performance of the service providers as it may consider necessary for proper functioning by service providers 15 the authority may, for the purpose of discharge of its functions under this act, issue, from time to time to the service providers, such directions, as it may consider necessary| power | of ||---------------|------|| authority to | || issue certain | || directions | || power | of || seizure | || 2 of 1974 | |16 the authority or any other officer specially authorised by it in this behalf may enter any building or place where the authority has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the code of criminal procedure, 1973 in so far as they may be applicable chapter iv appellate tribunalestablishment of appellate tribunal 17 the central government shall, by notification in the official gazette, establish an appellate tribunal to be known as the airports economic regulatory authority appellate tribunal to—(a) adjudicate any dispute—(i) between two or more service providers; (ii) between a service provider and a group of consumer: provided that the appellate tribunal may, if considers appropriate, obtain the opinion of the authority on any matter relating to such dispute: provided further that nothing in this clause shall apply in respect of matters–54 of 1969 (i) relating to the monopolistic trade practice, restrictive trade practiceand unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (1)of section 5 of the monopolies and restrictive trade practices act, 1969;68 of 1986(ii) relating to the complaint of an individual consumer maintainable beforea consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986;12 of 2003 (iii) which are within the purview of the competition act, 200255 of 1994 (iv) in respect of an order of eviction which is appealable under section28k of the airports authority of india act, 1994 (b) hear and dispose of appeal against any direction, decision or order of theauthority under this act 18(1) the central government or a state government or a local authority or any person may make an application to the appellate tribunal for adjudication of any dispute as referred to in clause (a) of section 17(2) the central government or a state government or a local authority or any person aggrieved by any direction, decision or order made by the authority may prefer an appeal to the appellate tribunalapplication for settlement of disputes and appeals to appellate tribunal (3) every appeal under sub-section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the authority is received by the central government or the state government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period (4) on receipt of an application under sub-section (1) or an appeal under sub-section(2), the appellate tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, pass such orders thereon as it thinks fit(5) the appellate tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the authority, as the case may be(6) the application made under sub-section (1) or the appeal preferred under subsection (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be: provided that where any such application or appeal could not be disposed of within the said period of ninety days, the appellate tribunal shall record its reasons in writing for not disposing of the application or appeal within that period(7) the appellate tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section (1), or of any direction or order or decision of the authority referred to in the appeal preferred under subsection (2), on its own motion or otherwise, call for the records relevant to deposing of such application or appeal and make such orders as it thinks fit 19(1) the appellate tribunal shall consist of a chairperson and not more than two members to be appointed, by notification in the official gazette, by the central government:composition of appellate tribunal provided that the chairperson or a member holding a post as such in any other tribunal, established under any law for the time being in force, in addition to his being the chairperson or a member of that tribunal, may be appointed as the chairperson or a member, as the case may be, of the appellate tribunal under this act (2) the selection of chairperson and members of the appellate tribunal shall be made by the central government in consultation with the chief justice of india or his nominee20 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 orthe chief justice of a high court;qualifications for appointment of chairperson andmembers(b) in the case of a member, has held the post of secretary to the government ofindia or any equivalent post in the central government or the state government for a total period of not less than two years in the ministries or departments dealing with aviation or economics or law or a person who is well-versed in the field of aviation or economics or lawterm of office21 the chairperson and every other member of the appellate tribunal shall holdoffice as such for a term not exceeding three years from the date on which he enters upon his office: provided that no chairperson or other member shall hold office as such after he has attained,—(a) in the case of chairperson, the age of seventy years; (b) in the case of any other member, the age of sixty-five yearsterms and conditions of service 22 the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member of the appellate tribunal shall be varied to his disadvantage after appointmentvacancies 23 if, for reason other than temporary absence, any vacancy occurs in the office of the chairperson or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filledremoval and resignation 24 (1) the central government may remove from office, the chairperson or any member of the appellate tribunal, who–(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 the chairperson or a member; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the chairperson or a member; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) notwithstanding anything contained in sub-section (1), the chairperson or a member of the appellate tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the supreme court on a reference being made to it in this behalf by the central government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the chairperson or a member ought on such grounds to be removed(3) the central government may suspend from office, the chairperson or a member of the appellate tribunal in respect of whom a reference has been made to the supreme court under sub-section (2), until the central government has passed an order on receipt of the report of the supreme court on such reference25 (1) the central government shall provide the appellate tribunal with such officers and employees as it may deem fitstaff of appellate tribunal(2) the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of its chairperson(3) the salaries and allowances and other conditions of service of such officers and employees of the appellate tribunal shall be such as may be prescribed 26 if the chairperson and other members differ in opinion on any matter, such mattershall be decided according to the opinion of the majoritydecision to be by majority members, etc, to be public servants45 of 186027 the chairperson, members and other officers and employees of the appellatetribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal codecivil court not to have jurisdiction 28 no civil court shall have jurisdiction to entertain any suit or proceeding in respectof any matter which the appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act5 of 1908procedure and powers ofappellate tribunal29 (1) the appellate tribunal shall not be bound by the procedure laid down by thecode of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure5 of 1908 (2) the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining himon oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits;1 of 1872(d) subject to the provisions of sections 123 and 124 of the indian evidence act,1872, requisitioning any public record or document or a copy of such record or document, from any office;(e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it, ex parte;(h) setting aside any order of dismissal of any application for default or any order passed by it, ex parte; and(i) any other matter which may be prescribed45 of 1860 2 of 1974(3) every proceeding before the appellate 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, 1860 and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973right to legal representation 30 the applicant or appellant may either appear in person or authorises one or morechartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunalexplanation— for the purposes of this section,—38 of 1949(a) "chartered accountant" means a chartered accountant as defined in clause(b) of sub-section (1) of section 2 of the chartered accountants act, 1949 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;56 of 1980(b) "company secretary" means a company secretary as defined in clause (c)of sub-section (1) of section 2 of the company secretaries act, 1980 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;23 of 1959(c) "cost accountant" means a cost accountant as defined in clause (b) of subsection (1) of section 2 of the cost and works accountants act, 1959, and who hasobtained a certificate of practice under sub-section (1) of section 6 of that act;(d) "legal practitioner" means an advocate, vakil or an attorney of any highcourt, and includes a pleader in practice5 of 1908appeal to supreme court31(1) notwithstanding anything contained in the code of civil procedure, 1908 or inany other law, an appeal shall lie against any order, not being an interlocutory order, of the appellate tribunal to the supreme court on one or more of the grounds specified in section 100 of that code(2) no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the parties (3) every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against: provided that the supreme court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time 32 (1) an order passed by the appellate tribunal under this act shall be executable by the appellate tribunal as a decree of civil court, and for this purpose, the appellate tribunal shall have all the powers of a civil courtorders passed by appellate tribunal to be executable as a decree(2) notwithstanding anything contained in sub-section (1), the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court chapter v finance, accounts and audit budget 33 the authority shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the authority and forward the same to the central government, for informationgrants by central government 34 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 are required to be paid for the salaries and allowances payable to the chairperson and other members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the authorityannual statement of accounts 35 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india(2) the accounts of the authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him (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 under this act shall have the same rights and privileges and authority in connection with such audit, as the comptroller and auditor-general of india generally has, in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority(4) the accounts of the authority, as certified by comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and the central government shall cause the same to be laid before each house of parliamentfurnishing of returns, etc, to central government 36 (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, such returns and statements and such particulars in regard to any matter under the jurisdiction of the authority, as the central government may, from time to time, require (2) the authority shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government(3) a copy of the report received under sub-section (2) shall be laid by the central government, as soon as may be after it is received, before each house of parliament chapter vi offences and penaltiespenalty for wilful failure to comply with orders of appellate tribunal 37 if any person wilfully fails to comply with the order of the appellate tribunal, heshall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which such default continuespunishment for noncompliance of orders and directions of this act 38 whoever fails to comply with any order or direction given under this act, orcontravenes, or attempts to contravene or abets the contravention of the provisions of this act or of any rules or regulations made thereunder shall be punishable with fine which may extend to one lakh rupees and in the case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of a continuing contravention with an additional fine which may extend to four thousand rupees for every day during which the default continuespunishment for noncompliance with order of the authority or appellatetribunal 39 if any person wilfully fails to comply with an order of the authority or of theappellate tribunal, passed under chapter iv, he shall be punishable with fine which may extend to one lakh rupees and, in the case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the case of a continuing failure, with an additional fine which may extend to four thousand rupees for every day during which such failure continuesoffences bycompanies40 (1) where an offence under this act has been committed by a company, everyperson who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of 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" means a whole-time director in the company and in relation to a firm, means a partner in the firmoffences by government departments 41 (1) where an offence under this act has been committed by any department of government or any of its undertakings, the head of the department or its undertakings shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by any department of government or its undertakings and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part, of any officer, other than the head of the department, or its undertakings such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly chapter vii miscellaneousdirections by central government 42 (1) the central government may, from to time to time, issue to the authority such directions as it may think necessary in the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality(2) without prejudice to the foregoing provisions, the authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy 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(3) the decision of the central government whether a question is one of policy or not shall be final45 of 186043 the chairperson, members, officers and other employees of the authority shall bedeemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codemembers, officers and employees of authority to be publicservantsbar of jurisdiction 44 no civil court shall have jurisdiction in respect of any matter which the authorityis empowered by or under this act to determineprotection of action taken in good faith 45 no suit, prosecution or other legal proceedings shall lie against the centralgovernment or the authority or any member, officer or other employees thereof for anything which is in good faith done or intended to be done under this act or the rules and regulations made thereunder 27 of 195743 of 1961exemption from tax on wealth andincome 46 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 derivedcognizance of offences 47 no court shall take cognizance of an offence punishable under this act, exceptupon a complaint in writing made by the authority or by any officer of the authority dulyauthorised by the authority for this purposedelegation of powers 48 the authority may, by general or special order in writing, delegate to the chairperson or any member or 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 power to settle disputes and the power to make regulations), as it may deem necessary49 (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; or| power ||--------------|| central || government || to supersede || 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 which default, the financial position of the authority or the administration of any airport, heliport, airstrip, civil enclave or aeronautical communication station 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 as to 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 re-constituted under sub-section (3), be exercised and discharged by such person or persons as the central government may direct;(c) all property owned or controlled by the authority shall, until the authority is re-constituted under sub-section (3), vest in the central government (3) on the expiration of the period of supersession specified the notification issued under sub-section (1), the central government may,—(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or(b) re-constitute 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 opportunity50 the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceapplication of other laws not barredpower to make rules 51 (1) the central government may, by notification in 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 all or any of the following matters, namely:—(a) the salary and allowances payable to, and the other conditions of service of, the chairperson and other members under sub-section (2) of section 6;(b) the form and manner in which and the authority before whom the oath of office and secrecy shall be made and subscribed under sub-section (4) of section 6;(c) the powers and functions to be exercised or discharged by the chairperson under section 7;(d) the procedure for conducting any inquiry made under sub-section (2) of section 8;(e) the salaries and allowances payable to, and the other terms and conditions of service of the secretary, officers and other employees of the authority under subsection (3) of section 9;(f) the performance standards relating to the quality, continuity and reliability of service to be monitored under clause (d) of sub-section (1) of section 13; (g) the books of account or other documents which are required to be maintained by the service provider under sub-section (3) of section 14;(h) the form and manner in which the form shall be verified and fee to be accompanied by the form under sub-section (3) of section 18;(i) the salary and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the appellate tribunal under section 22; (j) the salaries and allowances and other conditions of service of such officers and employees of the appellate tribunal under sub-section (3) of section 25;(k) the matters in respect of which the authority will have the powers of a civil court under clause (a) of sub-section (2) of section 29;(l) the form in which the authority shall prepare, and at such time in each financial year, its budget and the time at which such budget shall be prepared under section 33; (m) the form in which proper accounts and other relevant records shall be maintained and the annual statement of accounts shall be prepared by the authority under sub-section (1) of section 35;(n) the form, manner and the time in which the returns and statements shall be furnished by the authority under sub-section (1) of section 36;(o) the form and time at which the annual report, shall be prepared by the authority under sub-section (2) of section 36;(p) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rulespower to make regulations 52 (1) the authority may, by notification in the official gazette, and with the previous approval of the central government, make regulations, not inconsistent with this act, and the rules made thereunder, to carry out the purposes of this act(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the procedure in accordance with which the experts and professionals may be engaged under sub-section (4) of section 9;(b) the places and time of meetings of the authority and the procedure to be followed at such meetings, (including the quorum at its meetings) under sub-section (1) of section 10;(c) any other matter which is required to be, or may be, specified by regulationsrules and regulations to be laid before parliament53 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 regulationa m e n d m e n t of certain enactments 54 the enactments specified in the schedule to this act shall be amended in the manner specified therein and such amendments shall take effect on the date of establishment of the authoritypower to remove difficulties 55 (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 for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament the schedule [see section 54] amendment to the aircraft act, 1934 (22 of 1934)section 5, sub-section (2), clause (ab), for "or revision on tariff of operators of air transport services", substitute "or revision on tariff of operators of air transport services [other than the tariff referred to in clause (a) of sub-section (1) of section 13 of the airports economic regulatory authority of india act, 2007]" amendment to the airports authority of india act, 1994 (55 of 1994)1 section 22a, for the portion beginning with the words "the authority may" and ending with the words "for the purposes of - ", substitute the following:—"the authority may,—(i) after the previous approval of the central government in this behalf, levy on, and collect from, the embarking passengers at an airport other than the major airports referred to in clause (h) of section 2 of the airports economic regulatory authority of india act, 2007 the development fees at the rate as may be prescribed;(ii) levy on, and collect from, the embarking passengers at major airport referred to in clause (h) of section 2 of the airports economic regulatory authority of india act, 2007 the development fees at the rate as may be determined under clause (b) of sub-section (1) of section 13 of the airports economic regulatory authority of india act, 2007, and such fees shall be credited to the authority and shall be regulated and utilised in the prescribed manner, for the purposes of– "2 section 41, in sub-section (2), clause (ee), for "the rate of development fees and", substitute—"the rate of development fees in respect of airports other than major airports and" statement of objects and reasonsmost of the civil airports, including civil enclaves at defence airports, are presently controlled by the airports authority of india (the airports authority) in the ministry of civil aviation the airports authority, with the approval of the central government, fixes the aeronautical charges for the airports under its control and prescribes the performance standards to all airports and monitor the same airport infrastructure policy formulated in 1997 provides for the private sector participation for improving quality, efficiency and increasing competition as a result of this initiative, greenfield airports are now coming up at bangalore and hyderabad in public-private-partnership a private airport is already fully operational at cochin delhi and mumbai airports have also been restructured through the joint venture route for modernization and development the trends indicate growing competition and a requirement of level playing field amongst different categories of airports in future2 at present, the airports authority performs the role of airport operator as well as the regulator, which results in conflict of interest this situation has often led to complaints of a mis-match between the aeronautical charges levied by the airports authority and the quality of services rendered at airports which are controlled by the airports authority the naresh chandra committee, set up by the central government to prepare the road map for civil aviation sector has recommended for setting up of an independent regulatory authority3 in the above background, it is felt that an independent economic regulator, namely, the airports economic regulatory authority (the regulatory authority), may be established so as to create a level playing field and foster healthy competition amongst all major airports to encourage investment in airport facilities to regulate tariffs for aeronautical services, etc it is, therefore, considered necessary to enact a law for the establishment of the regulatory authority to regulate tariff and other charges for the aeronautical services rendered at airports and to monitor performance standards of airports and also to establish appellate tribunal to adjudicate disputes and dispose of appeals4 the airports economic regulatory authority of india bill, 2007, inter alia, seeks to provide for—(i) establishment of regulatory authority which shall consist of a chairperson and two members to be appointed by the central government;(ii) laying down the powers and functions of the regulatory authority to determine the tariff structure for aeronautical services; to determine the amount of development fees in respect of major airports; to determine the amount of passenger service fee; to monitor the performance standards relating to quality, continuity and reliability of service;(iii) establishment of an appellate tribunal consisting of a chairperson and not more than two members to be appointed by the central government;(iv) laying down the functions of the appellate tribunal to adjudicate disputes between two or more service providers or between a service provider and a group of consumers, and to hear and dispose of appeals against any direction, decision or order of the regulatory authority under this act;(v) imposing penalties in cases of wilful non-compliance of the orders or directions given under the act;(vi) the powers of the central government to issue directions in the matter of policy involing public interest 5 the bill seeks to achieve the above objectivesnew delhi;praful patelthe 14th august, 2007———— president's recommendation under article 117 of the constitution of india[copy of letter no av20036/32/2005-aai dated the 16th august, 2007 from shri parful patel, minister of state for civil aviation to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed airport economic regulatory authority of india bill, 2007, recommends introduction of the bill in the house under article 117(1) of the constitution and the consideration of the bill under article 117(3) of the constitutionclause 2—this clause defines certain expressions used in the proposed legislation clause 3—this clause relates to establishment of authority this clause provides that the central government shall, within three months from the date of commencement of this proposed legislation, establish an authority, to be known as the airports economic regulatory authority, to exercise the powers conferred on, and the functions assigned to, it by or under this proposed legislation the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued the head office of the authority shall be at such place as the central government may specifyclause 4—this clause relates to composition of authority this clause, inter alia, provides that the authority shall consist of a chairperson and two other members to be appointed, on the recommendation of selection committee referred to in clause 5 by the central government from amongst persons of ability and integrity having adequate knowledge of, and professional experience in, aviation, economics, law, commerce or consumer affairs however, whenever the authority is deciding a matter involving a civil enclave in a defence airfield, there shall be an additional member, not below the rank of additional secretary on the authority, to be nominated by the ministry of defence it further provides that a person who is or has been in the service of government shall not be appointed as a member unless such person has held the post of secretary or additional secretary to the government of india or any equivalent post in the central or state government for a total period of not less than three years the chairperson and other members shall be whole-time members it also provides that the chairperson or whole-time members, if any, shall not hold any other officeclause 5—this clause relates to constitution of selection committee to recommend membersthis clause provides that the central government shall, for the purpose of sub-clause(6) of clause 4 constitute a selection committee the chairperson of the selection committee shall be the cabinet secretary the members of the selection committee shall be (a) the secretary in the ministry of civil aviation—member; (b) the secretary department of legal affairs in the ministry of law and justice—member; (c) the secretary, in the ministry of defence—member; (d) one expert to be nominated by the ministry of civil aviation it further provides that the central government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or end of tenure of any chairperson or member, make a reference to the selection committee for filling up of the vacancy and the selection committee shall finalise the selection of the chairperson and members within one month from the date on which the reference is made to it the selection committee shall recommend a panel of two names for every vacancy referred to it and before recommending any person for appointment as a chairperson or other members of the 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 clause 6—this clause relates to the terms of office and other conditions of service, etc, of chairperson and membersthis clause, inter alia, provides that the chairperson and other members, shall hold office, as such, for a term of five years from the date on which he enters upon his office, but shall not be eligible for re-appointment the chairperson shall not hold office, as such, after he attains the age of sixty-five years and other members shall not hold office, as such, after he attains the age of sixty-two years the salary and allowances payable to, and the other terms and conditions of service of, the chairperson and other members shall be such as may be prescribed the chairperson or any member ceasing to hold office, as such, shall (a) not be eligible for further employment under the central government or any state government for a period of two years from the date he ceases to hold such office; (b) not accept any commercial employment including private for a period of two years from the date he ceases to hold such office; or (c) represent any person before the authority in any other manner this clause also defines the expressions (a) "employment under the central government or state government"; and (b) "commercial employment" the chairperson or any member can, relinquish his office by giving in writing to the central government notice of not less than three months; or be removed from his office in accordance with the provisions of clause 6 clause 7—this clause relates to the powers of chairpersonthis clause provides that the chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the authority and he shall, in addition to presiding over the meetings of the authority, exercise and discharge such powers and functions of the authority and shall discharge such other powers and functions as may be prescribed clause 8—this clause relates to the removal and suspension of membersthis clause contains the grounds on which the chairperson and other members of the authority may be removed from office or suspendedclause 9—this clause relates to the appointment of secretary, experts, professionals and officers and other employees of authoritythis clause confers power upon (a) the central government to appoint a secretary; (b)the authority to appoint such officers and other employees as it considered necessary for the efficient discharge of its functions under the proposed legislation it further provides that the salaries and allowances payable to and other terms and conditions of service of the secretary and officers and other employees of the authority and the number of such officers and other employees shall be such as may be prescribed it also confers power upon the authority to engage, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to aviation as it deems necessary to assist it in the discharge of its functions under this proposed legislationclause 10—this clause relates to the meetingsthis clause provides that the authority shall meet at such places and times 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 determined by regulations it further provides that 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 all questions which come up before any meeting of the authority shall be decided by a majority of votes of the members present and voting and, in the event of an equality of votes, the chairperson or the person presiding shall have the right to exercise a second or casting vote every member shall have one voteclause 11—this clause relates to the authenticationthis clause provides that all orders and decisions of the authority shall be authenticated by signatures of the secretary or any other officer of the authority, duly authorised by the authority in this behalfclause 12—this clause relates to the vacancies, etc, not to invalidate proceedings of authoritythis clause provides that no act or proceedings of the authority shall be invalid merely by reason of (a) any vacancy in, or any defect in the constitution of, the authority; or (b) any defect in the appointment of a person as a member of the authority; or (c) any irregularity in the procedure of the authority not affecting the merits of the caseclause 13—this clause relates to the functions of the authority this clause specifies the functions to be performed in respect of the major airports, by the authority the functions to be performed by the authority shall be (a) to determine the tariff for the aeronautical services taking into certain considerations specified in items (a)(i) to (a)(vi) of sub-clause (1) of this clause the authority can determine different tariff structures for different airports having regard to all or any of the above considerations specified in said sub-clauses (i) to (vi); (b) to determine the amount of the development fees in respect of major airports; (c) to determine the amount of the passengers service fee levied under rule 88 of the aircraft rules, 1937 made under the aircraft act, 1934; (d) to monitor set performance standards relating to quality, continuity and reliability of service as may be specified by the central government or any authority authorised by it in this behalf; (e) to call for such information as may be necessary to determine the tariff under clause (a); (f) to perform such other functions relating to tariff as may be entrusted to it by the central government or as may be necessary to carry out the provisions of this proposed legislation this clause further provides that the authority shall determine the tariff once in five years and may if so considered appropriate and in public interest, amend, from time to time during the said period of five years, the tariff so fixed it also provides that while discharging its functions, the authority shall not act against the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality and it shall ensure transparency in the manner specified in sub-clause (4) of this clause while exercising its power and discharging its functionsclause 14—this clause relates to the powers of authority to call for information, conduct investigations, etcthis clause provides that where the authority considers it expedient so to do, it may by order in writing (a) call upon any service provider at any time to furnish in writing such information or explanation relating to its functions as the authority may require; or (b) appoint one or more persons to make an inquiry in relation to the affairs of any service provider; and (c) direct any of its officers or employees to inspect the books of account or other documents of any service providerit further provides that where any inquiry in relation to the affairs of a service provider has been undertaken under sub-clause (1), certain persons of the service provider referred to in this sub-clause and every office of the government department, if such service provider is a department of the government, shall be bound to produce before the authority making the inquiry, all such books of account or other documents in his custody or power relating to, or having a bearing on the subject-matter of such inquiry and also to furnish to the authority with any such statement or information relating thereto, as the case may be, required of him, within such time as may be specifiedthis clause also provides that every service provider shall maintain such books of account or other documents as may be specified by rules made by the central governmentthis clause also confers power upon the authority shall have the power to issue such directions to service providers as it may consider necessary for proper functioning by service providersclause 15—this clause relates to the power of the authority to issue certain directionsthis clause provides that the authority may, for the purpose of discharge of its functions under this proposed legislation, issue, from time to time to the service providers, such directions, as it may consider necessaryclause 16—this clause relates to the power of seizure this clause provides that the authority or any other officer specially authorised in this behalf by it may enter any building or place where the authority has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the code of criminal procedure, 1973 in so far as they may be applicableclause 17—this clause relates to the establishment of appellate tribunal this clause provides that the central government shall, by notification, establish an appellate tribunal to be known as the airports economic regulatory authority appellate tribunal to adjudicate any dispute between two or more service provider and between service provider and a group of consumers the appellate tribunal may, if considers appropriate obtain the opinion of the authroity on any matter relating to such dispute however, provisions of this clause shall apply in respect of matters (i) relating to the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the monopolies and restrictive trade practices act, 1969; (ii) relating to the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection proposed legislation, 1986; (iii) which are within the purview of the competition act, 2002; (iv) in respect of an order of eviction which is appealable under section 28k of the airport authority of india act, 1994 the appellate tribunal has also been conferred power to hear and dispose of appeal against any direction, decision or order of the authority under this actclause 18—this clause relates to the power of the application for settlement of disputes and appeals to appellate tribunalthis clause, inter alia, provides that the central government or a state government or a local authority or any person may make an application to the appellate tribunal for adjudication of any dispute as referred to in sub-clause (a) of clause 17 the central government or a state government or a local authority or any person aggrieved by any direction, decision or order made by the authority can prefer an appeal to the appellate tribunal every appeal should be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the authority is received by the central government or the state government or the local authority or the aggrieved person however, the appellate tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period this clause also provides that the application made under sub-clause (1) or the appeal preferred under sub-clause (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be the appellate tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the authority, as the case may bethis clause also confers power upon the appellate tribunal to call, on its own motion or otherwise, for the records relevant to deposing of such application or appeal for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-clause (1), or of any direction or order or decision of the authority referred to in the appeal preferred under sub-clause (2) and make such orders as it thinks fitclause 19—this clause relates to the composition of appellate tribunalthis clause provides that the appellate tribunal shall consist of a chairperson and not more than two members to be appointed, by notification, by the central government however, the chairperson or a member holding a post as such in any other tribunal, established under any law for the time being in force, in addition to his being the chairperson or a member of that tribunal, may be appointed as the chairperson or a member, as the case may be, of the appellate tribunal under this proposed legislationit further provides that the selection of chairperson and members of the appellate tribunal shall be made by the central government in consultation with the chief justice of india or his nomineeclause 20—this clause relates to the qualifications for appointment of chairperson and membersthis clause provides that (a) a person shall not be qualified for appointment as the chairperson of the appellate tribunal unless he, is, or has been, a judge of the supreme court or the chief justice of a high court; and (b) a person shall not be qualified for appointment as the member of the appellate tribunal unless he has held the post of secretary to the government of india or any equivalent post in the central government or the state government for a total period of not less than two years in the ministries or departments dealing with aviation, economics or law, or a person who is well-versed in the field of aviation or economic or lawclause 21—this clause relates to the term of office this clause provides that the chairperson and every other member of the appellate tribunal shall hold office as such for a term not exceeding three years from the date on which he enters upon his office this clause further provides that the chairperson shall not hold office as such after he has attained the age of seventy years and the members shall not hold office as such after he has attained the age of sixty-five yearsclause 22—this clause relates to the terms and conditions of service this clause provides that the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be such as may be specified by rules made by the central government however, neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member of the appellate tribunal shall be varied to his disadvantage after appointmentclause 23—this clause relates to the vacancies this clause provides that if, for reason other than temporary absence, any vacancy occurs in the office of the chairperson or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this proposed legislation to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filledclause 24—this clause relates to the removal and resignationsub-clause (1) provides that the central government may remove from office, the chairperson or any member of the appellate tribunal, who (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 the chairperson or a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the chairperson or a member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest this clause further provides the chairperson or a member of the appellate tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) of subclause (1) unless the supreme court on a reference being made to it in this behalf by the central government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the chairperson or a member ought on such grounds to be removed it also provides that the central government can suspend from office, the chairperson or a member of the appellate tribunal in respect of whom a reference has been made to the supreme court under sub-clause (2), until the central government has passed an order on receipt of the report of the supreme court on such referenceclause 25—this clause relates to the staff of appellate tribunal this clause provides that the central government shall provide the appellate tribunal with such officers and employees as it may deem fit and the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of its chairperson the salaries and allowances and other conditions of service of such officers and employees of the appellate tribunal shall be such as may be prescribedclause 26—this clause relates to the decision to be by majoritythis clause provides that if the chairperson and other members differ in opinion on any matter, such matter shall be decided according to the opinion of the majorityclause 27—this clause relates to the members, etc, to be public servantsthis clause provides that the chairperson, members and other officers and employees of the appellate tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 28—this clause relates to the civil court not to have jurisdictionthis clause provides that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the appellate tribunal is empowered by or under this proposed legislation to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this proposed legislationclause 29—this clause relates to the procedure and powers of appellate tribunalthis clause, inter alia, provides that the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this proposed legislation, the appellate tribunal shall have powers to regulate its own procedure and the appellate tribunal shall have, for the purposes of discharging its functions under this proposed legislation, 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 matters specified in sub-clause (2) of this clauseit also provides that every proceeding before the appellate 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, 1860 and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 clause 30—this clause relates to the right to legal representationthis clause provides that the applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioner or any of its officers to present his or its case before the appellate tribunal this clause also defines "chartered accountant", "company secretary", "cost accountant"and "legal practitioner" for the purpose of this clause clause 31—this clause relates to the appeal to the supreme courtthis clause provides that, an appeal shall, notwithstanding anything contained in the code of civil procedure, 1908 or in any other law, lie against any order (not being an interlocutory order) of the appellate tribunal to the supreme court on one or more of the grounds specified in section 100 of that code however, no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the parties this clause further provides that every appeal under this clause shall be preferred within a period of ninety days from the date of the decision or order appealed against however, the supreme court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in timeclause 32—this clause relates to the orders passed by appellate tribunal to be executable as a decreethis clause provides that an order passed by the appellate tribunal under the proposed legislation shall be executable by the appellate tribunal as a decree of civil court, and for this purpose, the appellate tribunal shall have all the powers of a civil court, the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that courtclause 33—this clause relates to the budget this clause provides that the authority shall prepare, in such form and at such time in each financial year as may be specified by rules made by the central government, its budget for the next financial year, showing the estimated receipts and expenditure of the authority and forward the same to the central government, for informationclause 34—this clause relates to the grants by the central government this clause provides that the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as are required to be paid for the salaries and allowances payable to the chairperson and other members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the authorityclause 35—this clause relates to the annual statement of accountssub-clause (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 prescribed by the central government in consultation with the comptroller and auditor general of india it requires that 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 it also requires that the accounts of the authority, as certified by comptroller and auditor general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and the central government shall cause the same to be laid before each house of parliamentclause 36—this clause relates to the furnishing of returns, etc, to the central governmentthis clause, inter alia, contains provisions for furnishing to the central government such returns and statements and such particulars in regard to any matter under the jurisdiction of the authority, as the central government, may from time to time, require this clause further requires the authority to prepare, once every year, an annual report, giving a summary of its proposed activities during the previous year and copies of the report shall be forwarded to the central government it also requires that a copy of the report received shall be laid by the central government, as soon as may be after it is received, before each house of parliamentclause 37—this clause relates to the penalty for wilful failure to comply with orders of appellate tribunalthis clause provides that if any person wilfully fails to comply with the order of the appellate tribunal, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which such default continuesclause 38—this clause relates to the punishment for non-compliance of orders and directions of this proposed legislationthis clause provides that whoever fails to comply with any order or direction given under the proposed legislation, or contravenes, or attempts to contravene or abets the contravention of the provisions of the proposed legislation or of any rules or regulations made thereunder shall be punishable with fine which may extend to one lakh rupees and in the case of a second or a subsequent offence with fine which may extend to two lakhs rupees and in the case of a continuing contravention with an additional fine which may extend to four thousand rupees for every day during which the default continuesclause 39—this clause relates to the punishment for non-compliance with order of the authority or appellate tribunalthis clause provides that if any person wilfully fails to comply with an order of the authority or of the appellate tribunal, passed under chapter iv of the proposed legislation, he shall be punishable with fine which may extend to one lakh rupees and, in the case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the case of a continuing failure, with an additional fine which may extend to four thousand rupees for every day during which such failure continuesclause 40—this clause relates to the offences by companies this clause, inter alia, provides that where an offence under the proposed legislation has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly however, such person shall not be liable to any punishment provided in this proposed legislation, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence clause 41—this clause relates to the offences by the government departmentsthis clause provides that where an offence under this proposed legislation has been committed by any department of government or any of its undertakings, the head of the department, or its undertakings shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offenceit further provides that where an offence under this proposed legislation has been committed by any department of government or its undertakings and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department or its undertakings, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 42—this clause relates to the directions by the central government this clause confers power upon the central government may, issue from to time to time, such directions to the authority, as it may think necessary in the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality it further provides that the authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy as the central government may give in writing to it from time to time it also provides that the decision of the central government whether a question is one of policy or not shall be finalclause 43—this clause relates to the members, officers and employees of the authority to be public servantsthis clause provides that the chairperson, members, officers and other employees of the 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 codeclause 44—this clause relates to the bar of jurisdictionthis clause provides that no civil court shall have jurisdiction in respect of any matter which the authority is empowered by or under this proposed legislation to determineclause 45—this clause relates to the protection of action taken in good faith this clause provides that no suit, prosecution or other legal proceedings shall lie against the central government or the authority or, any member, officer or other employees thereof for anything which is in good faith done or intended to be done under this proposed legislation or the rules and regulations made thereunderclause 46—this clause relates to the exemption from tax on wealth and incomethis clause provides that the authority shall, notwithstanding anything contained in the wealth-tax act, 1957, the income-tax act, 1961, or any other law for the time being in force relating to tax on wealth, income, profits or gains, be liable to pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derivedclause 47—this clause relates to the cognizance of offences this clause provides that no court shall take cognizance of an offence punishable under this proposed legislation, except upon a complaint in writing made by the authority or by any officer of the authority duly authorised by the authority for this purposeclause 48—this clause relates to the delegation of powers this clause confers power upon the authority, delegate, by general or special order in writing to the chairperson or any member or 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 proposed legislation (except the power to settle disputes and the power to make regulations), as it may deem necessaryclause 49—this clause relates to the power of the central government to supersede authority this clause confers power upon the central government to supersede, by notification in the official gazette, the authority for such period, not exceeding six months the grounds on which the authority can be superseded on the grounds mentioned in this sub-clause this clause further provides that upon the publication of a notification under sub-clause (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 proposed legislation, be exercised or discharged by or on behalf of the authority, shall until the authority is re-constituted under sub-clause (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 the authority is re-constituted under sub-clause (3), vest in the central government on the expiration of the period of supersession specified the notification issued under sub-clause (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) re-constitute the authority by fresh appointment and in such case the members who vacated their offices under item (a) of sub-clause (2) of this clause shall not be deemed disqualified for appointment this clause also provides that the central government shall cause a notification issued under sub-clause (1) and a full report of any action taken under this clause and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunityclause 50—this clause relates to the application of other laws not barredthis clause provides that the provisions of this proposed legislation shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceclause 51—this clause relates to the power to make rules this clause confers power upon the central government to make rules to carry out the provisions of this proposed legislation the matters in respect of which rules may be made are specified in sub-clause (2) of this clauseclause 52—this clause relates to the power to make regulations this clause confers power upon the authority to make, with the previous approval of the central government, regulations, not inconsistent with this proposed legislation, and the rules made thereunder, to carry out the purposes of this proposed legislation the matters in respect of which regulations may be made are specified in sub-clause (2) of this clauseclause 53—this clause relates to the rules and regulations to be laid before parliament this clause requires that every rule made by the central government, and every regulation made by the authority, under this proposed legislation shall be laid before each house of parliamentclause 54—this clause relates to the amendment of the aircraft act, 1934 and the airports authority of india act, 1994 the proposed amendments are of consequential nature and amendments shall take effect on the date of establishment of the authorityclause 55—this clause relates to the power to remove difficultiesthis clause confers power upon the central government to make, by order, published in the official gazette, such provisions, not inconsistent with the provisions of this proposed legislation, as may appear to it to be necessary for removing the difficulty, if any, which arises in giving effect to the provisions of this proposed legislation however, no such order shall be made under this clause after the expiry of two years from the date of commencement of this proposed legislation this clause further requires that every order made under this clause shall be laid before each house of parliament financial memorandum1 clause 3 of the bill provides for the establishment of an authority to be known as the airport economic regulatory authority within three months from the date of commencement of this act, consisting of a chairperson and two other members to be appointed by the central government clause 9 provides that the authority may appoint such officers and other employees as it considers necessary for the efficient dischage of its functions under this act clause 17 provides for the establishment of an appellate tribunal to be known as airports economic regulatory authority appellate tribunal consisting of a chairperson and not more than two members to be appointed by the central government clause 25 provides that the central government shall provide the appellate tribunal with such officers and employees as it may deem fit clause 34 of the bill provides that the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as are required to be paid for the salaries and allowances payable to the chairperson and other members and the administrative expenses, including the salaries and allowances and pension to or in respect of officers and other employees of the authority2 the details of recurring and non-recurring expenditure for the establishment of the airport economic regulatory authority and airport economic regulatory authority appellate trubunal shall be as under :— statement showing expenses (rs in lacs)| particulars | recurring | non-recurring | total ||--------------------|-------------|-----------------|---------|| airports economic | 26525 | 8753 | 35278 || regulatory | | | || authority | | | || airports economic | 104 | 3467 | 13867 || regulatory | | | || authority | | | || appellate tribunal | | | || total | 36925 | 1222 | 49145 |3 the bill will not involve any other expenditure of recurring or non-recurring nature, except routine type of expenditure memorandum regarding delegated legislationclause 51 of the bill confers power upon the central government to make rules for carrying out the provisions of the bill the matters in respect of which such rules may be made relate, inter alia, to (a) the salary and allowances payable to, and the other conditions of service of, the chairperson and members under sub-section (2) of section 6; (b) the form and the manner in which and the authority before whom the oath of office and secrecy shall be made and subscribed under sub-section (4) of section 6; (c) the powers and functions to be exercised or discharged by the chairperson under section 7; (d) the procedure for conducting any inquiry made under sub-section (2) of section 8; (e) the salaries and allowances payable to, and the other terms and conditions of service, of the secretary officers and other employees of the authority under sub-section (3) of section 9; (f) the performance standards relating to the quality, continuity and reliability of service to be monitored under clause (d) of sub-section (1) of section 13; (g) the books of account or other documents which are required to be maintained by the service provider under subsection (3) of section 14; (h) the form and manner in which the form shall be verified and fee to be accompained by the form under sub-section (3) of section 18; (i) the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal under section 22; (j) the salaries and allowances and other conditions of service of such officers and employees of the appellate tribunal under sub-section (3) of section 25; (k) the matters in respect of which the authority will have the powers of a civil court under clause (a) of sub-section (2) of section 29; (l) the form in which the authority shall prepare, and at such time in each financial year, its budget and the time at which such budget shall be prepared under section 33; (m) the form in which proper accounts and other relevant records shall be maintained and the annual statement of accounts shall be prepared by the authority under sub-section (1) of section 35; (n) the form, manner and the time in which the returns and statements shall be furnished by the authority under sub-section (1) of section 36; (o) the form and time at which the annual report shall be prepared by the authority under sub-section (2) of section 36; (p) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules2 clause 52 of the bill confers power upon the authority to make, with the previous approval of the central government, regulations consistent with the act and the rules made thereunder to carry out the purposes of the act the matters in respect of which, such regulations may be made, relate, inter alia, to (a) the procedure in accordance with which the experts and professionals may be engaged under sub-section (4) of section 9; (b) the places and time of meetings of the authority and the procedure to be followed at such meetings, (including the quorum at its meetings) under sub-section (1) of section 10; (c) any other matter which is required to be, or may be specified by regulations3 the rules made by the central government and the regulations made by the authority shall be laid as soon as may be, after they are made, before each house of the parliament4 the matters in respect of which rules and regulations 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, of a normal character annexure extract from the aircraft act, 1934 (22 of 1934) 5 (1) power to central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for—(ab) the economic regulation of civil aviation and air transport services, including the approval, disapproval or revision of tariff of operators of air transport services; the officers or authorities who may exercise powers in this behalf; the procedure to be followed and the factors to be taken into account by such officers or authorities; appeals to the central government against orders of such officers or authorities and all other matters connected with such tariffexplanation—for the purposes of this clause, "tariff" includes fares, rates, valuation charges and other charges for air transport of passengers or goods, the rules, regulations, practices or services affecting such fares, rates, valuation charges and other charges and the rates, terms and conditions of commission payable to passenger of cargo sales agents; ———— extracts from the airports authority of india act, 1994 (55 of 1994) 22a the authority may, after the provious approval of the central government in this behalf, levy on, and collect from, the embarking passengers at an airport, the development fees at the rate as may be prescribed and such fees shall be credited to the authority and shall be regulated and utilised in the prescribed manner, for the purposes of—power of authority to levy development fees at airports(a) funding or financing the costs of upgradation, expansion or development of the airport at which the fee is collected; or(b) establishment or development of a new airport in lieu of the airport referred to in clause (a); or(c) investment in the equity in respect of shares to be subscribed by the authority in companies engaged in establishing, owning, developing, operating or maintaining a private airport in lieu of the airport referred to in clause (a) or advancement of loans to such companies or other persons engaged in such activities 41 (1) power to make rules(2) in particular and without procedure to the generality for the foregoing power, such rules may provide for— (ee) the note of development fees and the manner or regulating and utilising the fees under section 22a; ———— a billto provide for the establishment of an airports economic regulatory authority to regulatetariff and other charges for the aeronautical services rendered at airports and to monitor performance standards of airports and also to establish appellate tribunal to adjudicate disputes and dispose of appeals and for matters connected therewith or incidental thereto————mgipmrnd—3403ls(s-1)—23-08-2007 | Parliament_bills | 1dcac75f-767f-55b3-b431-e490470b437b |
(v) "special home" means an institution established by a state government or by a voluntary organisation and céstified by that government under section 9; (wv) "special juvenile police unit" means a unit of the police force of a state designated fer handling of juveniles or children under section 63; (0) "state government", in relation to a union territory, means the administrator s of that union territory appointed by the president under azticle 239 of the constitution; (y) all words and expressions used but not defined in this act and defined in the code of criminal procedure, 1973, shall have the meanings respectively assigned so them in that code 3, where an inquiry has been initiated against a juvenile in conflict with law ora lo child in need of care and protection and during the course of such inquiry the juvenile or the child ceases to be such, then, notwithstanding anything contained in this act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile or a child continuation of inquiry in respect of juvenile who has ceased to be a juvenile, is chapter j juvenile in conflict with law4, (2) notwithstanding anything contained in the code of criminal procedure, 1973, 2 of 1974 juvenile justice board the state government may, by notification in the official gazette, constitute for a district or a group of districts specified in the notification, one or more juvenile justice boards for exercising the powers and discharging the duties conferred or imposed on such boards in z@ relation to juveniles in conflict with law under this act (2) a board shall consist of a metropolitan magistrate or a judicial magistrate of the first class, as the case may be, and two social workers of whom at least one shall be a woman, forming a bench and every such bench shall have the powers conferred by the code of criminal procedure, 1973, on a metropolitan magistrate or, as the case may be, a 292 of 1974, judicial magistrate of the first class and the magistrate on the board shall be designated as the principal magistrate (3) no magistrate shall be appointed as a member of the board unless he has special knowledge or training in child psychology or child welfare and no social worker shall be appointed as member of the board unless he has been actively involved in health, 30 education, or welfare activities pertaining to children for at least seven years, (4) the term of office of the members of the board and the manner in which such member may resign shail be such as may be prescribed (5) the appointment of any member of the board may be terminated after hotding inquiry, by the state government, if— 3s @ he has been found guilty of misuse of power vested under this act, (i) he has been convicted of an offence iavolving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence, (ii) he fails to attend the proceedings of the board for consecutive three months yo without any valid reason or he fails to attend less than three-fourth of the sittings in a year procedure, 5 (1) the board shall mest at such times and shall observe such rules of procedure 'ote, in relation in regard to the transaction of business ai its meetings, as may be prescribed ie board, (2) a child in conflict with law may be produced before an individual thember of yg the board, when the board is not sitting (3) a board may act notwithstanding the absence of any member of the board, and ito order made by the board shall be invalid by reason only of the absence of any member during any stage of proceedings: provided that there shall be at least two memebrs includilig the principal magistrate resent at the time of final disposal of the case, 2 of 1974, (4) in the event of any difference of opinion among the members of the board in the inierim or final disposition, the opinion of the majority shall prevail, bat where there is na such majority, the opinion of the principal magistrate shal! prevail 6 (/) where a board has been constituted for any district or a gtoup of districts, such board shall, notwithstanding anything contained in any other law for the time being juvenile in force but save as otherwise expressly provided in this act, have power to deal exclusively 7stice board with all proceedings under this act relating to juvenile in conflict with law is(2) the powers conferred on the board by or under this act may also be exercised by the high court and the court of session, when the proceeding comes before them in appeal, revision or otherwise 7 (1) when any magisirate not empowered to exercise the powers of a board under procedure to this act is of the opinion that a person brought before him under any of the provisions of - be followed 2e this act (other than for the purpose of giving evidence), is a juvenile or the child, he shall rye trate not without any delay record such opinion and forward the juvenile or the child and the record : gmcn ' i a the juveatle | empowered of the proceeding to the competent authority having jurisdiction over the proceeding under the act (2) the competent authority to which the proceeding is forwarded under sub-section () shall hold the inquiry as if the juvenile or the child had originally been brought before it ar observation homes, & (1) any state government may establish and maintain either by itself or under an agreement with voluntary organisations, observation homes in every district or a group of districts, as may be required for the temporary reception of any juvenite in conflict with law during the pendency of any inquiry regarding them under this act 38 (2) where the state government is of opinion that any institution other than a home established or maintained under sub-section 4), is fit for the temporary reception of juvenile in conflict with law during the pendency of any inquiry regarding them under this act, it may certify such institution as an observation home for the purposes of this act, (3) the state government may, by rales made under this act, provide for the management of observation homes, including the standards and various types of services 3¢ to be provided by them for rehabilitation and social integration of a juvenile, and the circumstances under which, and the manner in which, the certification of an observation home may be granted or withdrawa, (4) every juvenile who is not placed under the charge of parent or guardian and ue is sent to an observation home shall be itially kept in a reception unit of the observation home for preliminary enquiries, care and classification for juveniles according to his age group, such as seven to twelve years, twelve to sixteen years and sixteen to eighteen years, giving due considerations to physical and mental status and degree of the offence committed, for further induction into observation home ue special homes, 9 (1) any state government may establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or a group of districts, as may be required for reception and rehabilitation of juvenile in conflict with law under this act (2) where the state government is of opinion that any institution other than a home established or maintained under sub-section (), is fit for the reception of juvenile so in conflict with law to be sent there under this act, it may certify such institution as a special home for the purposes of this act (3) the state government may, by mies made under this act, provide for the management of special homes, including the standards and various types of services to be provided by them which are necessary for ye-socialisation of a juveniis, and the circumstances under which, and the manner in which, the certification of aspecial home may be granted or withdraws ¢ (& the cules made under sub-section (3) may also provide fer the classification and separation of juvenile in conflict with law on the basis of age and the natwe of offences committed by them and his mental and physical status 10 (2) as soon as 4 juvenile in conflict with law is apprehended by police, he shail be placed under the charge of the special juvenile police unit or the designated police gs ie officer who shall immediately report the matier to a member of the board apprehension of javenile in conflict with ta (2) the state government may make rules consistent with this act— (i to provide for persons through whom (including registered voluniary organisations) any juvenile in conflict with law may be produced before the board; (si) to provide the manner in which such juvenile may be sent to an observation ig" is home | control | off ||--------------|--------|| 'éustodian | over || juvenite, | || 11, | || any | || person | || in | || whose | || charge | || a | || juvenile | || is | || placed | || in | || pursuance | || of | || this | || act | || shall, | || while | || the | || order | || is | || in | || force | || have | || the | || control | || over | || the | || juvenile | || as | || he | || would | || have | || if | || he | || were | || his | || parents, | || and | || shall | || be | || responsible | || for | || his | || maintenance, | || and | || the | || juvenile | || shall | || continue | |ae in his charge for the period stated by competent authority, notwithstanding that he is je claimed by his parents or any other person, 12 (j) when any person accused of a bailable or non-bailable offence, and apparently bail of juvenite a juvenile, is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 or in 2 of 1974 any other law for the time being in force, be released on bail with or without surety but he 9g shall not be so released if there appear resonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice (2) when such person having been arrested is not released on bail under subsection (j) by the officer incharge of the police station, such officer shall cause him to be 30 kept only in an observation home in the prescribed manner until he can be brought before a board (3) when such person is not released on bail under sub-section (/) by the board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding 3~ him as may be specified in the order 13, where a juvenile is arrested, the officer incharge of the police station or the informationspecial juvenile police unit to which the juvenile is brought shall, as soon as may be after the arrest, inform— | to | parent, ||-----------|------------|| guardian | or || probation | || officer | |(a) the parent or guardian of the juvenile, if he can be found, of such arrest and yo direct him to be present at the board before which the juvenile will appear; and (®) the probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the board for making the inquiry ue 44 where a juvenile having been charged with the offence is produced before a 4g? board, the board shall hold the inquiry in accordance with the provisions of this act and may make such order in relation to the juvenile as it deems fit: provided that an ingiiry under this section shall be comph four montis fom the date of ni, unless the period is board having regard to the of case and in special « the reasons in a board is satisf lon inquiry that a juvedile has com: dan offence, fy wh then, noiwithstan atiyth ne contrary contained in any other | w for the time cing in force, the b order that may be pasted regarding juvenize @) allow the juvenile te go home a: advice or admonition following appropriate inguiry against and counselling te the parent or the guardian and the javenile; by as oe patte sae 4b eteas (6) direct the juvenile to participate in group counselling and similar activities; (c) order the juvenile to perform commeunisy seevice; ; @) order the parent of the juvenile ov the juvenile himself to pay a fine, if be is over fourteen years of age and earns money; (2) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other at person, on such parent, guardian or other st person executing a bond, with or without su yas the board may req ie, for the good behaviour and well-being of the juvenile for any period not execed three years; - ; 4) divect the juvenile to he eten a gan (/) dixect the juvenile to be released on probation of good coaguet and placed under the care of any fit institution for the good behaviour and well-being 'of the juvenile for any period not exceeding three years; as {g) make ais order directing the juvenile to be sent to @ special home,— yin a we @) in the case of juvenile, over seventecn years but less than sighteen ie th 0 t sigh years of age fer a period of not less than two year: hag e , ; gi) in case of any other juvenile for the period until he ceases to bea juvenile: provided that the board may, if it is satisfied that having regard to the nature of the 3e offence and the circumstances of the case it is expedient so to do, for reasons to be recorded reduce the period of stay 19 such period as it thinks fit , @ tae board shall obtain the social investigation report on juvenile either through a probation officer or a recognised voluntary organisation or otherwise, and shall take into consideration the findings of such report before passing an order, 3g (3) where an order under clause (a), clause {e} or clause (9) of sub-section (is made, the board ray, if it is of opinion that in the interests of the juvenile and of the public, it ts expedient so to do, in addition make an order that the juvenile in conflict with law shall remain under the supervision of a probation officer naimed in the order during such period, not exceeding three years as may be specified thereia, and may in such supervision order impose such conditions as it deems necessary for the due supervision of ye the juvenile in conflict with law: provided that if at any time afterwards it appears to the board on receiving a report from the probation officer or otherwise, that the juvenile in conflict with law has not been of good behaviour during the period of supervision or that the fit institution under whose care the juvenile was placed is ac longer able or willing to ensure the good behaviour and well-being of the juvenile it may, after making such inquiry as it deems fit, order the juvenile in conflict with law to be sent to a special home, @ the board shall whife making a supervision order under sub-section &), explain to the juveiiile and the parent, guardian or other fit person or fit institution, as the case he juvenile has been placed, the terms and conditions of the mish one copy of the supervision order to the juvenile, the may be, under whdse care tl order and shall forthwith fu csont of fit institution, as the case may be, the sureties, if parent, guardian or other fit pet any, and the probation officer 'order that hay aot be passed against jovenile 26 (1) notwithstanding anything te ihe contsary contained in any other law for the ¢ time being in force, no juvenile in conflict with law shall be sentenced to death or life imprisonment, or committed to prisoa in defauls of payment of fine or io default of furnishing security: provided thai where a juvenile who has attained the age of sixteen years has committed an offence and the board is satisfied that the offence cormmitted is of so serious in nature ja or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send hira to such special home and that none of the other measures provided under this act is suitable or sufficient, the board, may order the juvenile in conflict with law to be kept in such place of safety and in such manner as it thinks fit and shatl report the case for the order of the state government 15° (2) on receipt of a report from a board under sub-section (2), the state government may make such arrangement in respect of the juvenile as it deems proper and may order such juvenile to be kept under protective custody at such place and on such conditions as it thinks fit: provided that the period of detention so ordered shall not exceed the maximum go period of imprisonment to which the juvenile could have been sentenced for the offence committed 17 notwithstanding anything to the contrary contained in the code of criminal procedure, 1973 no proceeding shall be jnstituted and no order shall be passed against the juvenile under chapter viii of the said code as proceeding under chapter vill of the code of criminal procedure not competent against juvenile tion 223 of the code of criminal g in force, no juvenile shall be 2 of 1974 ho is not a juvenile 48, (1) notwithstanding anything contained in sect procedure, 1973 or in any other law for the time bein, charged with or tried for any offence together with a person w! no joint proceeding of juvenile and person not a juvenile (2 if a juvenile is accused of an offence for which ander section 223 of the code of criminal procedure, 1973 or any other law for the time being in force, such juvenile and 302 of 1974 any person who is not a juvenile would, but for the prohibition contained in sub-section (2), have been charged and tried together, the board taking cognizance of that offence shall direct separate trials of the juvenile and the other person other law, a juvenile who has provisions of this act shall not 39° 19 (2) notwithstanding anything contained in any committed an offence and has been dealt with under the an offence under such law | removal | of ||------------------|-------|| disqualification | || attaching | to |suffer disqualification, if any, attaching to a conviction of conviction, (2) the board shall take an order directing that the relevant records of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be 20 notwithstanding anything contained in this act, all proceedings in respect of aye juvenile pending in any court in any area on the date on which this act comes into force spécial provision in respect of pending cases in that area, shall be continued in that court as if this act had not been passed and if the court finds that the juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile in accordance with the provisions yg of this act as if ithad been satisfied oa inquiry under thisact that a juvenile has committed the offence 21 (7) no report in any newspaper, magazi i i n x 2 a , magazine, news-sheet or visual media of-an: inquiry regarding 2 juvenile in conflict with law under this act shall disclose the name address or school or any other particulars calculated to lead to the identification of the juvenile nor shall any picture of any such juvenile be published: ty | prohibition | of ||----------------|-------|| publication | of || name, | etc, || juvenile | || jovolved | in || proceeding | || ander | the |provided that tee seasons tobe reconled in writing the authority helding the inquiry may pormic such disclosure, if in its opinion such disclosure is in the interest of the juvenile _ : (2) any person contravening the provisions of sub-secti r i ; ; is section (7) shall b: if with fine, which may extend to one thousand rupees gs © panishable , a2, notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a juvenile in conflict with law who has escaped from a special home or an observation home or from provision' in respect of escaped juvenile i the care of a person under whom he was placed under this act, and shall be sent back to the special home or the observation home or that person, as the case may be: and no proceeding shall be instituted in respect of the juvenile by reason of such escape, but the special home, or the observation home or the person may, after giving the information to the board which passed the order in respect of the juvenile, take such steps in respect of the juvenile as may be deemed necessary under the provisions of this act me 23 whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to 20 be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile punishment for crucliy to juvenile or ohild, or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both : ° 2 of 1994 ae 24, @ } whoever, employs or uses any juvenile or the child for the purpose or causes any juvenile to beg shall be punishable with imprisonment for a term which ma: extend to three years and shali also be liable to fine , employment of juvenile of child for begging ' (2) whoever, having the actual charge of, or control over, a juvenile or the child al vets the commission of the offence punishable under sub-section (2), shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to ec 30 : 38 whoever gives, or causes te be given, to any juvenile or the child any intoxicating liquor in a public place or any narcotic drug or psychotropic substance except upon the order of duly qualified medical practitioner or in case of sickness shall be punishable with imprisonment for a term which may éxtend to three years and shall also be liable to 1 ay | penalty | for ||--------------|--------------|| giving | || intoxicating | || fiquor | or || narcotic | drug || or | psychotropic || substance | to || juvenite | or || chitd, | |26 whoever ostensibly procures a j il ii ' juvenile or the child for the purpose of am hazardous employment keeps him in bondage and withholds his earnings i uses such | | exploitation | of ||-----------|-----------------|-------|| juvenile | or | chikd || employee | | |earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine 27 the offences punishable under sections 23, 24, 25 and 26 shall be cognizable ge special offences 28, where an act or omission constitute an offence i i punishable under this act and alternative punishment also under any other central or state act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be le to puni it i i ich i dome punishment only wader such act as provides for punishment which is greater in | lis ; chapter ii (child in need of care and protection29 (2) the state government may, by nollfication in oificiat a sett, sonst ee child welfare committee every district or group of districts, spe d io the notification, one of mare cela v "tf committees for exercising the powers and discharge the duties coe on suck committees in relation to child in need of care and projection under this act ; (2) the committee shalt consist of a chairperson and four other members as he ¢ state government may think fie to appoint, of whom at isast one shall be a worman am another, an expert om matters concerning children and the tenure for which (3) the qualifications of the chairperson and the members, they may be appointed shall be such as may be preseribed semminmd, aher | (4) the appointment of any member of the coramittee may be terminated, ie holding inquiry, by the state government, if— {@) he bas been found guilty of misuse of power vested under this act ui) he has been convicted of an offence involving moral turpitude, and ae conviction has aot been reversed or he has not been granted full pardon in respect 0! is such offence; the committee for consecutive gree 9 attend less than three-fourth of the (id) he fails to attend the proceedings of months without any valid reason or he fails & sittings in a year as a bench of magistrates and shall have the 1973 on a metropolitan magistrate 3e2 of 1974 (5) the committee shall function powers conferred by the code of criminal procedure, or, as the case may be, a judicial magistrate cf the first class procedure, eit ii observe such rules of as may be prescribed 30 (1) the comunitiee shall meet at such times and shal procedure in regard to the transation of business af lis meetings, be in relation to committee (2) a child in need of care and protection may be produced before en individual member for being placed in safe custody or otherwise when the commitiee is not in gg" session (3) in the event of any difference of opinion armnong the members of the cosamities at the time of any interim decision, the opinion of the majority shall prevail but where there is no such majority the opinion of the chairperson shall prevail ; - (4) subject to the provisions of sub-section ®, the committee my ae qe notwithstanding the absence of any member of the committee, and 20 order m de ae ° committee shall be invalid by reason only of the absence of any member during any stage powers of committee in 'committee shall have the final authority to dis of cases for the care, 31 (7) the c all have the to dispose of ¢: z os 2 protection aentoent development and rehabilitation of the children as well as to provide 35° for their basic needs and protection of humian rights (2) where a committee has been constituted for any area, such comauiie shall notwithstanding anything contained in any other law for the time being s one a as otherwise expressly provided in this act, have the power te sea one ese ly 4e proceedings under this act relating to children in need of care and prote 32 (2) any child in''need of care and protection may be produced before the committee by one of the following persons— ; ; ; production before 'committee {) any police officer or special juvenile police unit or a designated police offiger: (i@ any public servant; - ner volntny tee (ii) childline, a registered voluntary organisation or by on oth er > organisation or an agency as may be recognised by the state er ' set {iv) any social worker or a public spirited citizen authorised by the ie government; of {v) by the child himself (2) the stete government may make rules consistent with this act to provide for the manner of making the report to the police and tc the committee and the manner of sending and entrusting the child to children's home pending the enquiry 33 (2) on receipt of a report under section 32, che commitee or any police officer of speciai juvenile police unit or the designated police officer shall hold an inquiry in the prescribed manner and the committee, on its own or om the report from any person or ageacy as mentioned in sub-section (j) of section 32, may pass an order to send the child to the children's home for speedy inquiry by @ social worker or child welfare officer, (2) the inquiry under this section shall be completed within four months of the receipt of the order or within such shorter period as may be fixed by the committee: provided that the lime for the submission of the inquiry report may bé extended by such period as the committee may, having regard to the circumstances and for the reasons recorded in writing, determine, (3) after the completion of the inquiry if the committee is of the opinion that the is said child has no family or ostensible support, it may allow the child to remain in the children's home or shelter home gl! suitable rehabilitation is found for him or till he attains the age of eighteen years children's homes, a6 ,34 (7) the state government may establish and maintain either by itself or in association with the voluntary organisations, children's homes, in every district or group of districts, as the case may be, for the reception of child in need of care and protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation as (2) the state government may, by rules made under this act, provide for the management of children's homes including the standards and the nature of services to be provided by them, and the circumstances under which, and the manner in which, the certification of a children's home or recognition to a voluntary organisation may be granted or withdrawn inspection 35 (2) the state government may appoint inspection committees for the children's homes (hereinafter refered to as the inspection committees) for the state, a district and 30 city, as the case may be, for such period and for such pusposes as may be prescribed (2) the inspection committee of a state, district or of a city shall consist of such number of representatives ftom the state government, local authority, committee, voluntary organisations and such other medical experts and social workers as may be prescribed 3s sociat auditing 36 the central government or state government may monitor and evaluate the functioning of the children's homes at such period and through such persons and institutions as may be specified by that government shelter homes 37 (1) the state government may recognise, reputed and capable voluntary organisations and provide them assistance to set up and administer as many shelter homes for juveniles or children as may be required ue (2) the shelter homes referred in sub-section (j)-shall function as drop-in-centres for the children in the need of urgent support who have been brought to such homes through such persons as are referred 'to in sub-section (1) of section 32 (3) as far as possible, the helter homes shall have such facilities as may be prescribed by the rules ys38 (2) if during the inquiry it is found that the child hails from the place outside the jurisdiction of the committee, the committee shallorder the transfer of the child to the competent authority having jurisdiction over the place of residence of the child (2) such juvenile or the child shail be escorted by the staff of the home in which he is lodged originally (3) the state government may make niles to provide for the travelling allowance to be paid to the child restoration 39 (1) restoration of and protection to 2 child shall be the prime objective of any children's home or the shelter home wp he &2) the children's home or a shelter home, as the case may be, shall take such steps = as are considered necessary for the restoration of and protection to a child deprived of his farnily environment temporarily or permanently where such child is under the care and protection of a children's home or a shelter home, as the case may be (3) the commitice shalf have the powers to restore any child in need of care and protection to his parent, guardian, fit person or fit institution, as the case may be, and give them suitable directions explanation—for the purposes of this section "restoration of child" means ie restoration to— {a) parents; (6) adopted parenis; (c) foster parents chapter iv rehabilization and social reintegration40, the rehabilitation and social reintegration of a child shall begin during the stay | process ||----------------|| rehabilitation |of the child in a children's home or special home and the rehabilitation and social reintegration of children shall be carried out alternatively by () adoption, (ii) foster care, gii) sponsorship, and (iv) sending the child to an after-care organisation, ae 41 (2) the primary responsibility for providing care and protection to children shall be that of his farnily (2) adoption shall be resorted to for the rehabilitation of such children as are orphaned, abandoned, neglected and abused through institutional and non-institutional methods &s (3) in keeping with the provisions of the various guidelines for adoption issued from time to time by the state government, the board shall be empowered to give children in adoption and carry out such investigations as are required for giving children in adoption in accordance with the guidelines issued by the state government from time to time in this regard ge (4) the children's homes or the state government run institutions for orphans shall be recognised as an adoption agencies both for scrutiny and placement 'of such children for adoption in accordance with the guidelines issued under sub-section @® (3) no child shall be offered for adoption— (a) until two memebrs of the committee declare the child legatly free for 3e~ placement in the case of abandoned children, (5) gil the two months period for reconsideration by the parent is over in the case of surrendered children, and (c) without his consent in the case of a child who can understand and express his consent yo (6) the board may allow a child to be given in adoption— (a) to a single parent, and <b) to parents to adopt a child of same sex irrespecitve of the number of living biological song or daughters an 42, (2) the foster care may be used for temporary placement of those infants who foster care are wiimately to be given for adoption (2) in foster care, the child may be placed in another family for a short or extended petiod of time, depending upon the circumstances where the child's owa parent usvally visit regularly and eventually after the rehabilitation, where the children may return to their own hornes (3) the state government may make rules for the purposes of carrying out the scheme of fosier care programme of children 43 (/) the sponsorship programme may provide supplementary support to families, sponsorship to children's homes and to special homes to meet medical, nutritional, educational and other needs of the children with a view to improving their quality of life, (2) the state government may make rules for the purposes of carrying out various schemes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship 44, the state goverament may, by rules made under this act, provide— is after-care organisation (a) for the establishment or tecognition of after-care organisations and the functions that may be performed by them under this act; 20 (5) for a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an honest, industricus and useful life: ie (c) for the preparation or submission of a report by the probation officer or any other officer appointed by thatgovernment in respect of each juvenile or the child prior to his discharge from a special home, children's home, regarding the necessity and nature of after-care of such juvenile or of a child, the period of such after-care, supervision thereof and for the submission of report by the probation officer or any other officer appointed for the purpose, on the progress of each juvenile or the child; (@) for the standards and the nature of services to be maintained by such aftercare organisations; 3o (e) for such other matters as may be necessary for the purpose of carrying out the scheme of after-care programme for the juvenile or the child: provided that any rule made under this section shall not provide for such juvenile or child to stay in the after-care organisation for more than three years: 3s provided further that a juvenile or child over seventeen years of age but less than eighteen years of age would stay in the after-care organisation till he attains the age of twenty years linkages and co-ordination, 45 the state government may make rules to ensure effective linkages between various governmental, non-governmental, corporate and other community agencies for facilitating the rehabilitation and social reintegration of the child, yo chapter v miscellaneous46 any competent authority before which a juvenile or the child is brought under any of the provisions of this act, may, whenever it so thinks fit, require any parent or guardian having the actual charge of or control over the juvenile or the child to be present ur at any proceeding in respect of the juvenile or the child attendance of parents or guardian of juvenile or child 47, if, at any stage during the course of an inquiry, a competent authority is satisfied dispensing with attendance that the attendance of the juvenile or the child is not essential for the purpose of inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in of juvenile or child the absence of the juvenile or the child 48, (2) when a juvenile or the child who has been brought before a competent authority under this act, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that wilt respond to treatment, the competent authority may send the juvenile or the child to any place recognised to be an approved place in accordance with the rules made under this act for such period as it may think necessary for the required treatment (2) where a juvenile or the child is found to be suffering from leprosy, sexually | commital | to ||-------------|-----------|| approved | place || of | javenile || child | suffering || from | || dangerous | || diseases | and || his | future || disposal | |transmitted disease, hepatitis b, open cases of tuberculosis and such other diseases or is of unsound mind, he shall be dealt with separately through various specialised referral services or under the relevant laws as such 49, (2) where it appears to a competent authority that person brought before it under any of the provisions of this act (otherwise than for the purpose of giving evidence) is a juvenile or the child, the competent authority shal! make due inquiry so as to the age piesuinption and determination of age of that person and for that purpose shall take such evidence as may be necessary (but not an affidavit) and shall record a finding whether the person is a juvenile or the child or not, stating his age as nearly as may be (2) no order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a juvenile or the child, and the age recorded by the competent authority to be the age of person so brought before it, shall for the purpose of this act, be deemed to be the true age of that person | sending | a ||---------------|---------|| juvenile | or || child | outside || jurisdiction | |50 in the case of a juvenile or the child, whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may, if satisfied after due inquiry that it is expedient so to de, send the juvenile or the child back to a relative or other person who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control over him, notwithstanding that such place of residence is outside the jurisdiction of the competent authority; and-the competent authority exercising jurisdiction over the place to which the juve- nile or the child is sent shall in respect of any matter arising subsequently have the same powers in relation to the juvenile or the child as if the original order had been passed by itself reports to be 51 the report of the probation officer or social worker considered by the competent authority shall be treated as confidential: treated as confidential provided that the competent anthority'may, if it so thinks fit, communicate the substance thereof to the juvenile or the child or his parent or guardian and may give such juvenile or the child, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report appeals §2, (1) subject to the provisions of this section, any person aggrieved by an order made by a competent authority under this act may, within thirty days from the date of such order, prefer an appeal to the court of session: provided that the court of session may entertain the appeal after the expiry of the 4e~ said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time (2) no appeal shall lie from— (a) any order of acquittal made by the board in respect of a juvenile alleged to have committed an offence; or (b) any, qrder made by a committee in respect of a finding that a person is not a neglected juvenile (3) no second appeal shall lie from any order of the court of session passed in appeal under this section revision 43 the high court may, at any time, either of its awn motion or on an application received in this behalf, call for the record of any proceeding in which any competent authority or court of session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit: te provided that the high court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard ig procedure in inguiries, appeals and revision proceedings is 54, (1) save as otherwise expressly provided by this act, a competent authority while holding any inquiry under any of the provisions of this act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the code of criminal procedure, 1973 for trials in summons cases 20f 1974 (2) save as otherwise expressly provided by or under this act, the procedure to be followed in hearing appeals or revision proceedings under this act shall be, as far as practicable, in accordance with the provisions of the code of criminal procedure, 1973 go power to amend orders 55, (1) without prejudice to the provisions for appeal and revision under this act, any competent authority may, on an application received in this behalf, amend any order as to the institution to which a juvenile or the child is to be sent or as to the person under whose care or supervision a juvenile or the child is to be placed under this act: ae as provided that there shall be at least two members and the parties or its defence present during the course of hearing for passing an amendment in relation to any of its order, (2) clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the competent authority either on its own motion or on an application received in this behalf ae 6 the competent authority or the local authority may, notwithstanding anything contained in this act, at any time, ordéra child in need of care and protection or a juvenile in conflict with law to be discharged or transferred from one children's home or special home to another, as the case may be, keeping in view the best interest of the child or the 30 | power | of ||-----------|-------|| competent | || authority | to || discharge | and || transfer | || juvenile | or || child | |juvenile, and his natural place of stay, either absolutely or on such conditions as it may think fit to impose: provided that the total period of stay of the juvenile or the child in a children's home or a special home or a fit institution or under a fit person shail not be increased by such transfer 3¢ 7 the state government or the local authority may direct any child or the juvenile eo to be transferred from any children's home or special home outside the state to any other children's home, special home or institution of a like nature with the prior intimation to the local committee or the board, as the case may be, and such order shall be deemed to be operative for the competent authority of the area to which the child or the juvenile is ve sent, ' 'transfer between children's homes, under the act, and juvenile homes, of like nature in different parts of india 58, where it appers to the competent authority that any juvenile or the child kept in a special home or a children's home or shelier bome or in an institution in pursuance of this act, is suffering from leprosy or is of unsound mind or is addicted to any narcotic drug se or psychotropic substance, the competent authority may order his removal to a leper asylum us transfer of juvenile or child of unsound mind or suffering from leprosy or addicted to drugs ot mental hospital or treatment centre for drug addicts or to a place of safety for being kept there for such period not exceeding the period for which he is required to be kept under the order of the competent authority or for such further period as may be certified by the medical officer necessary for the proper treatment of the juvenile or the child $9 (1) when a juvenile or the child is kept in a children's home or special home and | release | and ||------------|--------|| absence | of || juvenile | or || child | on || placement | |on a report of a probation officer or social worker or of government or a voluntary organisation, as the case may be, the competent authority may consider, the release of such juvenile or the child permitting him to live with his parent or guardian or under the supervision of any authorised person narned in the order, willing to receive and take charge ¢° of the juvenife or the child to educate and train him for some useful trade or calling or to look after him for rehabilitation (2) the competent authority may also permit leave of absence to any juvenile or the child, to allow him, on special occasions like examination, marriage of relatives, death of kith and kin or the accident or serious illness of parent or any emergency of like nature, to te go on leave under supervision, for maximum seven days, excluding the time taken in journey (3) where a permission has been revoked or forfeited and the juvenile or the child refuses or fails to return to the home concemed or juvenile to which he was directed so to seturn, the board may, if necessary, cause him to be taken charge of and to be taken back ig" to the concemed home (4) the time during which a juvenile or the child is absent from a eoncemed home in pursuance of such permission granted under this section shall be deemed to be part of the time for which he is liable to be kept in the special home: provided that when a juvenile has failed to return to the special home on 'the gq permission being revoked or forfeited, the time which elapses after his failure'so to return shail be excluded in computing the time during which he is liable to be kept in the institution contribution by parents 60, (1) the competent authority which makes an order for sending a juvenile or the child to a children's home or to a special home or placing the juvenile under the care of a fit person or fit institution may make an order requiring the parent or other person liable to 257 maintain the juvenile or the child to contribute to his maintenance, if able to do so, in the prescribed manner according to income (2) the competent authority may direct, if necessary, the payment to be made to poor parent or guardian by the superintendent or the project manager of the home to pay such expenses for the journey of the inmate or parent or guardian or both, from the home ze to his ordinary place of residence at the time of sending the juvenile as may be prescribed 61 (j) the state government or local authority may create a fund under such name fond as it thinks fit for the welfare and rehabilitation of the juvenile or the child dealt with under this act (2) there shall be credited to the fund such voluntary donations, contributions or 3g" subscriptions as may be made by any individual or organisation (3) the fond created under sub-section (j) shall be administered by the state advisory board in such manner and for such purposes as may be prescribed 62 (1) the central government or a state government may constitute a central or central, state, a state advisory board as the case may be, to advise that government on matter relating to woe the establishment and maintenance of the homes, mobilisation of resources, provision of district and city advisory boards facilities for education, training and rehabilitation of child in need of care and protection and juvenile in conflict with law and co-ordination among the various official and nonofficial agencies concerned (2) the central or state advisory board shall consist of such persons a3 the central usr government or the state government, as the case may be, may think fit and shalt include eminent social workers, representatives of voluntary organisation in the field of child welfare corporate sector, academicians, medical professionals and the concerned department of the state government (3) the district or city level inspection committee constituted under section 35 of ge this act shall also function as the district or city advisory boards 63 () in order to enable the police officers who frequently or exclusively deal with juveniles or are primarily engaged in the prevention of juvenile crime or handling of the juveniles or children under this act to perform their functions more effectively, they shatl be specially instructed and trained (2) in every police station at least one officer with aptitude and appropriate training and orientation may be designated as the 'juvenile or the child welfare officer' who will handle the juvenile or the child in co-ordination with the police (3) special juvenile police unit, of which all police officers designated as above, to handle juveniles or children will be members, may be created in every district and city to co-ordinate and to upgrade the police treatment of the juveniles and the children 64, in any area in which this act is brought into force, the state goverament or the local authority may direct that a juvenile in conflict with law who is undergoing any sentence of imprisonment at the commencement of this act, shall, in lieu of undergoing such sentence, be sent to a special home or be kept in fit institution in such manner as the state government or the local authority thinks fit for the remainder of the period of the javenile in conflict with law undergoing sentence at commencement of this act sentence; and the provisions of this act shall apply to the juvenile as if he had been ordered by the board to be sent to such special home or institution oz, as the case may be, ordered to be kept under protective care under sub-section (2) of section 16 of this act 65 provisions of chapter xxxii of the code of criminal procedure, 1973 shall, as zof 1974, far as may be, apply to bonds taken under this act 26 66 the state government may, by the general order, direct that any power exercisable procedure in respect of bonds» delegation of powers, by it under this act shall, in such circumstances and under such conditions, if any, as may be prescrbed in the order, be exercisable also by an officer subordinate to that government or the local authority af protectian of action taken in good faith 67 no suit or legal proceedings shall lie against the state government or voluntary organisation running the home or any officer and the staff appointed in pursuance of this act in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or order made thereunder 68 (2) the state government may, by notification in the official gazette, make power to make miles tules to carry out the purposes of this act 30 (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:— (@ the term of office of the members of the board and the manner in which such member may resign under sub-section (4) of section 4, (i) the time of the meetings of the board and the rules of procedure in regard 3° to the transaction of business at its meeting under sub-section (1) of section 5; (ii) the management of observation homes including the standards and various types of services to be provided by them and the circumstances in which and the manner in which, the certification of the observation home may be granted or ue withdrawn and such other matters as are referred to in section 8; ~ (jv) the management of special homes including the standards and various types of services to be provided by them and the circumstances in which and the manner in which, the certification of the special home may be granted or withdrawn and such other matters as are referred to in section 9; (v) persons to whom any juvenile in conflict with law may be produced before ys the board and the manner of sending such juvenile, to an observation home under sub-section (2) of section 10; (vi) matters relating to removal of disqualification attaching to conviction of a juvenile under section 19; - (vii) the qualifications of the chairperson and members, and the tenure for which they may be appointed under sub-section (3) of section 29; (viii) the time of the meetings of the committee and the rules of procedure in regard to the transaction of business at its meeting under sub-section (/) of section 30; ie {éx) the manner of making the report to the police and to the committee and the manner of sending and entrusting the child to children's home pending the enquiry under sub-section (2) of section 32; (x) the management of children's homes including the standards and aature of services to be provided by them, and the manner in which certification of a children's home or recognition to a voluntary organisation may be granted or withdrawn under sub-section (2) of section 34; (xi) appointment of inspection committees for children's homes, their tenure and purposes for which inspection committees may be appointed and such other matters as are referred to in section 35; (aid) facilities to be provided by the shelter homes under sub-section (3) of section 37; ao (xiii) for carrying out the scheme of foster care programme of children under sub-section (3) of section 42; (xiv) for carrying out various schemes of sponsorship of children under subsection (2) of section 43; (xv) matters relating to after-care organisation under section 44; 2g (xvi) for ensuring effective linkages between various agencies for facilitating rehabilitation and social integration of the child under section 45; (xvii) the purposes arid the manner in which the fund shall be administered under sub-section (3) of section 61; (xviii) any othef'matter which is required to be, or may be, prescribed 3e (3) every rule made by a state government under this act shall be laid, as soon as may be after it is made, before the legislature of that state 53 of 1986 repeal and 69 (1) the juvenile justice act, 1986 is hereby repealed savings (2) notwithstanding such repeal, anything done or any action taken under the said act shall be deemed to have been done or taken under the corresponding provisions of this act 3s power to 70 (2) if any difficulty arises in giving effect to the provisions of this act, the ties central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: ue provided that:no such order shall be made after the expiry of the period of two years from the commencement of this act {2} however, order made under the section shall be laid, as soon as may be after it is made, before each house of parliament statement of objects and reasonsaceview of the working of the juvenile justice act, 1986 (53 of 1986) would indicate that much greater attention is required ta be given to children in conflict with law or those in need of care and protection the justice system as available for adults is not considered suitable for being applied to a juvenile or the child it is also necessary that the juvenile justice system must be easily accessible to a juvenile or the child or any one on their behalf including the police, voluntary organisations, social workers, or parents and guardians, throughout the country there is alse an urgent need for creating adequaic infrastructure necessary for the implementation of the proposed legislation with a lazger involvement of informal systems specially the family, the voluntary organisations and the community 2 in this context, the following further proposals have been made: (@ to lay down the basic principles for administering justice to a juvenile or the child in the bill; (i) to make the juvenile justice system meant for a juvenile or the child more appreciative of the developmental needs in comparison to criminal justice system as applicable to adults; (iii) to bring the juvenile law in conformity with the united nations convention on the rights of the child (iv) to prescribe a uniform age of eighteen years for both boys and girls; () to ensure speedy disposal of cases by the authorities envisaged under this bill regarding juvenife or the child within a time limit of four months; (vé) to spell out the role of the state as a facilitator rather than doer by involving voluntary organizations and local bodies in the implementation of the proposed legislation; (vii) to create special juvenile police units with a humane approach through sensitisation and training of police personnel; (viii) to enable increased accessibility to a juvenile or the child by establishing juvenile justice boards and child welfare committees and homes in each district or group of districts; (éx) to minimise the stigma and in keeping with the developmental needs of the juvenile or the child, to separate the bill into two parts—one for juveniles in conflict with law and the other for the juvenile or the child in need of care and protection; (x) to provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute, neglected and delinquent juvenile and child 3 the bill seeks to repeal and re-enact the juvenile justice act, 1986 with a view to achieving the above objects new delnt, maneka gandhi the 16th august, 2000 notes on clausesclause 2 this clause defines various expressions used in the bill, most of the definitions of the expressions used in the bill are based on the definitions in the juvenile justice act, 1986 the scope of some of the definitions have been broadened and some new definitions have been added taking into consideration the united nations convention on rights of child (crc) which has been ratified by the government of india sub-clans¢ (e) defines "child in need of care and protection", wha was earlier defined as "neglected juvenile" in the juvenile justice act, 1986 the scope of child in need of care and protection has been broadened taking into consideration various areas emerging for neglect of children sub-clause (2) has now prescribed uniform age for juvenile or child as a person who has not completed his eighteenth year of age keeping in conformity with article 1 of the convention of rights of child sub-clause () defines the expression "juvenile in conflict with law" who was earlier defined as "delinquent juvenile" in the fuvenile justice act, 1986 the expression "juvenile in conflict with law" has been used for removing the stigma attached with the word "delinquent" and make the law more child-friendly subclause (7) defines "local authority" to bring in involvement of authorities, such as, panchayats at the village and zilla parishad at the district level and other authorities as stated in that sub-clause for proper implementation of the proposed legislation sub-clause: (x) defines "state government" to include union territories also, clause 3— this clause provides the continuation of enquiry in respect of the juvenile or the child who has ceased to be a juvenile in order to give him protection available under this law clauses 4 to 7—these clauses provide for juvenile justice board and procedure, etc, to be followed by the juvenile justice board, which was earlier known as juvenile court, the reason for change in the terminology is to make the bill more child-friendly and do away with the words like courts, etc, in handling the children clause 4 provides for constitution of juvenile justice board clause 5 provides for procedure involved in relation to the board clause 6 provides for powers of juvenile justice boards while clause 7 provides for the procedure to be followed by a magistrate who is not empowered under this law these clauses are primarily based on the juvenile justice act, 1986 clause 8——this clause provides for establishment of observation homes by the state government for temporary reception of the juveniles in conflict with law during the pendency of any enquiry regarding them under this bill the details regarding maintenance and running of these homes, etc, have been provided in this clause there was no clear dernarcation between the observation homes to be provided for delinquent and neglected juveniles in the juvenile justice act, 1986 clause 9,—this clause pi ovides for establishment and maintenance of special homes by the state government for reception and rehabilitation of juveniles in conflict with law it also provides for certifying such other institutions as a special home by the state government other than a home established or maintained by the state government clauses 1g to 14—-these clauses provide for apprehension of juveniles in conflict with law (clause 10), control of custodian over juvenite (clause 11), bail of juvenile (clause 1d), information to parents or guardian or probation officer (clause 13) as also enquiry by board regarding the juvenile (clause 14) in these clauses specific involvement of recognized voluntary organizations in dealing with juveniles in conflict with faw has been brought in, sub-clause (2) of clause 12 specifies that child in conflict with law who is not released on bail should only be kept in an observation home and not in police station or jail this is again a measure to protect the child's rights clause 14 also provides for speedy disposal of cases within a time limit of 4 months with regard to handling the enquiry concerning juveniles in conflict with law clause 15—this clause is based on section 21 of the juvenile justice act 1986 and deals with orders that may be passed regarding juveniles in conflict with law with special emphasis on counselling to the parents, guardians and the juveniles and participation of juveniles in group counselling and in performance of community services this concept has been introduced to give more emphasis on reform of juveniles rather than punishing them clauses 16 and 17—these clauses are based on section 22 of fuvenile justice act, 1986 and deals with the orders that may not be passed against juveniles clause 16 now specifies the upper age limit of 16 years for a child who has committed an offence of serious nature and also for keeping him in place of safety, which may be different from the special homes meant for other juveniles the earlier age limit for this purpose was 14 years this age jimit has been increased because of uniform age prescribed for juvenile of child as 18 years this is also a measure to segregate the juveniles who are in conflict with law from those who are alleged to have committed serious offences clause 18—this clause prescribes separate proceedings to be conducted for juvenile and the person who is not a juvenile this has been provided to ensure clear separation of juveniles in conflict with law and an adult offender clause 19—this clause seeks to ensure the principle of not attaching any stigma or disqualification and thereby allow a juvenile who had been in conflict with jaw to lead a new life by ensuring that past records do not influence his future and allows him a new beginning clause 20—this clause brings in a special provision in respect of cases which are pending against the juveniles on the date of enforcement of this bill clause 21— this clause protects the juveniles' right to privacy and confidentiality, which needs to be protected through all the stages of proceedings by any authority under this bill, clause 22—this clause provides for protection of juveniles in conflict with law who has escaped from either special home or observation home or from the custody of the person this measure tries to give the benefit of doubt to thé escaped juvenile clauses 23 to 28—these clauses proyide for punishment to persons who exploit the juvenile in different manners 'these provisions are based on sections 41 to 45 of ne juvenile justice act, 1986 a separate provision has been brought in under clause 27 to make all these offences cognizable the reason for ihis is to deter exploitation and abuse of children by providing for more severe punishment for exploitation and faster relief to the exploited child clauses 29 to 33—these clauses provide for child welfare committee and procedure, etc, to handle the child ia need of care and protection, which was earlier known as juvenile welfare board to handle neglected juvenile the change iat ie terminology is to avoid confusion because juvenile justice board has been introduce ' or handling child in conflict with law whereas the committee is to handle the child in nee care and protection clause 29 provides for constitution of child 'welfare commies ae appointment of members, etc clause 30 provides for procedures involved in a on committee clause 31 provides for powers of the committee clause 32 provides for the persons who have been authorized to produce any child in need of care and protection certain specific categories like publ ic servant, childline or such other voluntary organisatie recognized by the state government, any social worker or public-spirited citizen i d ne child himself have been authorized for this purpose this concept has been prover nt ine provide for bigger role for voluntary organisations and such other categories inclu ing ne child himself so-that the child in need of care and protection does not suffer any negle and is immediately taken care of without any delay clause 33 provides for various details regarding enquiry in respect of child in need of care and protection and lays down specific time limit of four months in which the enquiry is to be completed clause 34—-this clause provides for establishment of children home by the state government for child in need of care and protection both for the reception during pendency of any enquiry and subsequenily for their care and rehabilitation these homes were known as juvenile homes in the juvenile justice act, 1986 and the reason for change in terminology is to make the bill more child-friendly it also provides for certification of homes for this purpose, which can be run by voluntary organizations, provided the same is recognized by the state government clause 35-—this clause provides for inspection to be carried out by inspection committees for the children homes for the state, district and city including the constitution of such committees by the state governments the intention for constituting such committees is to constantly monitor and supervise the functioning of various children homes being run and to ensure proper ranaing of the same as may be prescribed from time to time clause 36—-this clause provides for social auditing of children homes both by the central government and the state governments through various persons and institutions 'the reasons for bringing in the central government along with the state government is because fifty per cent of the fund for running of these homes is being provided by the central government while the other fifty per cent is being contributed by the state governments under the existing scheme this provision will go a long way in constantly monitoring and evaluating the function of children homes for proper care and rehabilitation of such children in need of care and protection and timely filling of any gaps in their functioning clause 37—this clause introduces for setting up of shelter homes for children in need of urgent support by reputed and capable voluntary organisation and recognition of the same by the state government the idea is to take care of such children who are in need of care and protection and do not have any shelter and are on the streets in absence of family ties these shelter homes can also be instrumental in providing care and rehabilitation measures for such categories of children clause 38—this clause provides for transfer of the child to the competent authority who have jurisdiction over the place of residence of the child in case the child has been found in some other place which is not the normal residence of the child the reason for this clause is to ensure that a child welfare committee which can understand the background of the community and the society from which the child comes should deal with such a child clause 39—this clause emphasizes on restoration of the child to his family, which should be the prime objective of any children home or shelter home, this clause is being introduced in the present bill based on the principle that the best interest of the child can be served when he lives in a family and that is of prime importance for any child it has also been provided in the united nations convention on the rights of the child such restoration can be made to the parents or adopted parents or foster parents clause 40—this clause describes various alternatives to be made available to a child for his rehabilitation and social re-integration this has been provided to bring the law in conformity with the united nations convention on rights of the child the main principle behind this is to provide a family to such children who don't have one and also ensure their aftercare these rehabilitation measures were not available to the child under the juvenile justice act, 1986 clause 41—this clause provides for adoption as one of the methods for rehabilitation of orphaned, abandoned, neglected and exploited children this has been provided for suck categories of children who have no identity of their own and after adoption would get an identity of the adoptive parents, this clause has been based on article 21 of the united nations convention on rights of the child and specific powers have been assigned to competent authorities to give children on adeption and various procedures involved for the same, clause 42—this clause provides for foster care as another alternative for rehabilitation of child as a short term and temporary measure 'this alternative has been provided for infants who are in need of care and protection it also empowers the state government to make rules for the purpose of carrying out foster care programmes for such categories of children clause 43—this clause provides for yet another alternative for rehabilitation of a juvenile or the child viz sponsorship programmes this clause also provides for various options for sponsorship of such categories of children which can be individual sponsorship, group sponsorship or community sponsorship to take care of various needs of the child in need of care and protection while allowing them to stay with their own families, clause 44—this clause provides for establishment and recognition of aftercare organizations for carrying out aftercare programmes for rehabilitation of child in conflict with law and child in need of care and protection after they leave special homes or children homes this clause also provides for various procedural details regarding standards and nature of services to be provided in such aftercare organizations and also prescribes the age upto which a juvenile or the child could remain in such aftercare organizations, clause 45,—this clause empowers the state governments to make rules for carrying out various rehabilitation and social reintegration programmes including linkages and coordinations between various agencies, the purpose of this clause is to obtain optimum tesults from the efforts made by various agencies, both governmental and non-governmental, towards rehabilitation and social reintegration of juvenile or the child clauses 46 and 47—these clauses provide for procedures regarding attendance of parents or guardians of juvenile or the child and dispense with the attendance of juvenile or the child the reason for these clauses is to ensure that at all stages from the initial contact till disposition, extreme care is taken to avoid any harm to the sensi tivity of juvenile or the child clause 48—this clause provides for special care to be taken for the juvenile or the child who is suffering from various physical and mental ailments and will respond to the treatment it is very important to take special care for such children to avoid any harm to such category clause 49—this clause specifies procedures for presumption and determination of age of a juvenile or the child for the purposes of this bill and protection available to the order of the competent authority clause 50—this clause provides for specific provisions in case of the juvenile or the child whose ordinary place of residence lies outside the jurisdiction of the competent authority before whom he is brought and action has to be taken for his transfer to the appropriate jurisdiction clause 51—this clause provides for the juveniles and the children's rights to privacy and confidentiality at all stages of proceedings by the authorities under this bill, which needs to be protected clauses 52 to 55—these clauses deal with appeals, revision, etc these are primarily based on sections 37 to 40 of the juvenile justice act, 1986, clauses 56 to 58—these clauses empower the state government and local authority to discharge and transfer the special categories of juvenile or the child from one home to another home or to specific treatment centres in casé the child is of unsound mind or suffering from leprosy or addicted to drug clause 59—this clause deals with release and absence of juvenile or the said oe placement under supervision of any responsible person who is wiling to receive such juvenile or the child for his education and vocational training : is mew provided to take care of proper rehabilitation in the best interest of the child, clause 60—this clause empowers the competent authority " rake an orier requiring the parent or other persons liable to maintain the juvenile or the a - " controle for the maintenance ef the juvenile or the child this fas eon iene tes parents and other concemed do not abandon such categories of children clause 61—this clause authorizes the state goverament or focal author babaese ' ilitation of children who are to be dealt under the a a fund for the welfare and rehabilitation o! t are t ides the proposed i 'ovides for other procedures regarding com' iribution and administration ©! i : 7 1 of th hire "the tnd can serve as a pool to be used for carrying oui various rehabilitative measures to be taken for proper upbringing of these children clause 62~—this clause empowers the central government or the state government f d it is vatters relating to establishment an i visory board to advise on the mat t , 0 a ae ot i including rehabilitative measures to be carried out for qmaintenance of varicus homes provides i j ile i alict with law it also i i d of care and protection and juvenile in con! an p for diaict and city level advisory boards which are the same as disirici and city level inspection committees to be constituted under clause 35 clause 63—this clause provides for special tuveniie poles unit fe wed cone the police officers who frequently or exclusively deal with ines cor oh we ae imarily engaged in prevention of juvenile crimes or handling o! the juv: eens py ie vin p iaining and designate them as juvenile ox the child welfare officer is ie a potent becatie police system is the system, which is one of the major systems, whic! comes in contact with these categories of children almosi everyday, and their sensitization towards such children is of utmost importance a a —thi akes a provision for delinquent juvent le undergoin: sentonon ner tba aresile fut, act, 1986 and their status on the ae or commencement of this bill this is for ensuring their protection under the proposed law ; clause 65—this clause makes the provision of chapter xxx of the code of criminal procedure, 1973 applicable to bonds taken under this bill clause 66—this clause empowers the state government to delegate its powers for smooth implementation of the provisions of the bill clause 67 —this clause provides for protection actions taken in good faith by persons responsible for the implementation of the provisions of the bill clause 68—this clause deals with the powers of the state government ae ms ie rules this clause is important for the bill because the implementation o: be carried out by the state governments 7 clause 69—this is the usual clause of repeal and savings and repeals the existing juvenile justice act, 1986 which is being replaced by this bill " clause 70—this clause empowers the central government to remove the difficulties arising out of the various provisions of this bill financial memorandum'the proposed iegislation aims at providing justice to juvenile or the child in the spirit of the principle enshrined in this bill, to make the justice system for juvenile or the child more appreciative of the developmental needs in comparison to criminal justice sysiem as applicable to adults, spell out the role of the state as facilitator rather than doer by invelving voluntary organizations and local authorities in the implementation of this bill when enacted, and above ail to bring it in conformity with the united nations convention on the rights of the child this legislation would be implemented largely by the states and the union territories who would utilize the existing infrastructure available iscter the juvenile justice act, 1986 the emphasis would be to shift from institutional ace to bring in the family and the community the task of care, protection, treatment, development, rehabilitation and aftercare of juvenile in conflict with law and children in need of care and protection the expenditure incurred on this by the states will be met out of their tespective consolidated funds to the extent of fifty per cent while the remaining fifty per cent will be met by the government of india from the consolidated fund of india as is being done at present under a plan scheme in respect of homes, etc,, established under the juvenile justice act, 1986 expenditure incurred on this account by union territories will be met out of the consolidated fund of india and it is expected to be of the same order as is being incurred presently under the juvenile justice act, 1986, which will be replaced by this law the total amount of the current central share would be of the order of rupees eleven crores for the states and of rupees one crore for the union territories, both of recurring in nature memorandum regarding delegated legislationclause 68 of the bill empowers the state government to make rules to carry out the purposes of this bill when enacted sub-clause (2) of that clause enumerates various matters in respect of which rules may be made these matters relate to, among others things, the procedure to be followed by a competent authority in holding sittings, inquiries and mode of dealing with juveniles suffering from dangerous diseases and mental complaints, certification, recognition of institutions as children homes, observation homes, special homes and shelter homes, management and inspection of various institutions set up or recognized under this bill; the qualifications of the chairperson and members of the juvenile welfare board; the rules of procedure and transaction of business at the meetings of the board, the manner of making reports to the police and to the child welfare committees, appointment of inspection committees for children homes, their purpose and tenure, facilities to be provided by various types of homes, schemes for foster care programmes and other schemes of sponsorship of children, the matter relating to aftercare organizations, ensuring linkages between various agencies for facilitating rehabilitation and social integration of the child; and the manner in which and the purposes for which, the fund is to be administered 2, the matters in respect of which rules may be made are matters of procedure or detail the delegation of legisiative power is, thus, of a normal character, | Parliament_bills | 9ebabf38-8fb1-5108-8d6a-4b70cc8493ab |
bill no 18 of 2007 the rural electrification bill, 2007 by shri ramdas athawale, mp a billto provide for the establishment of a rural electrification authority to ensure uninterrupted electricity supply to farmers for their agricultural activities and at least one single point light connection to every household in rural areas and for matters connected therewithbe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the rural electrification act, 2007short title and extent(2) it extends to the whole of indiadefinitions52 in this act, unless the context otherwise requires,—(a) "authority" means the rural electrification authority established undersection 3;(b) "electricity" means electric energy generated, transmitted, supplied or tradedfor any purpose except the transmission of a message; and(c) "prescribed" means prescribed by rules made under this act3 (1) the central government shall establish an authority to be known as the rural electrification authority having its headquarters at mumbai in the state of maharashtraestablishment of rural electrification authority(2) the authority shall consist of five members to be appointed by the central government of whom at least two members shall be from amongst the farmers to be nominated by the central government in such manner as may be prescribed5(3) the central government shall appoint one of the members as the chairperson of the authority(4) the chairperson and other members of the authority shall hold office during the pleasure of the central government10(5) the salary, allowances and other terms and conditions of service of the chairperson and other members of the authority shall be such as may be prescribed(6) the authority may appoint a secretary and such other officers and employees as it considers necessary for the performance of its functions under this act and on such terms and conditions as may be prescribed154 (1) the authority shall perform such functions and duties as the central government may prescribe or direct, and in particular the following—functions and duties of the authority(i) develop a sound, adequate and uniform national policy in order to provide,—(a) uninterrupted power supply to the farmers for irrigation and otheragricultural purposes;20(b) uninterrupted power supply to the village and cottage industries andvillage artisans engaged in self-employment in villages; and(c) at least one single point connection of electricity in every dwellingunit of each village in the country25(ii) establish new power generating station in such areas as it may considernecessary;(iii) invite and encourage private sector in establishing power units exclusivelyfor the rural areas in the country;30(iv) carry out surveys and to collect and record data concerning the generation,distribution and utilisation of power in the rural sector and the development of power resources in the rural areas; and(v) co-ordinate the activities of the national and state planning agencies inrelation to the control and utilisation of power resources for the rural sector(2) without prejudice to the generality of the provisions of sub-section (1), the authority may also provide for—| 35 ||-------------------------------------------------------------------------------------|| i || ) || supply of electricity to the farmers at such subsidised rates, as may be || prescribed, from time to time; and || ( || ii || ) || single point light connection and supply of electricity free of cost to the || dwelling units of the scheduled castes, scheduled tribes and other backward classes || in rural areas || 40 || 5 || ( || 1 || ) || the authority shall set up a fund to be known as the rural electricity || development fund || rural || electricity || development || fund || ( || 2 || ) || the central government and the state governments shall contribute to the fund || in such ratio as may be prescribed || 45 || ( || 3 || ) || there shall also be credited to the fund such other sums as may be received by || way of donation, contribution, assistance or otherwise by the authority |(4) all payments by the authority towards rural electrification expenditure and for its administrative expenditure shall be made from the fund6 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 authority5central government to provide funds7 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceprovisions to be in addition to and not in derogation of any other actpower tomake rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsthere is an acute shortage of power in our country which is the primary cause of our backwardness as a result of power shortage, both the industrial sector and the agricultural sector cannot make progress at the desired levels resulting ultimately in backwardness our power stations whether they are thermal, hydel or atomic are generating electricity much below their capacity whereas the demand for electricity is increasing day-by-day in all the sectors it has been observed that while distributing the generated 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 hue and cry is raised by the people and by the print and the electronic media if there is a load shedding for a few hours in the cities but nobody bothers when the electricity is cut off in the rural areas for months together even if the crops of the hapless farmers are dying in the absence of water as he cannot run the tubewell without electricity since more than seventy-five per cent of our population is engaged in agriculture and agriculture-based small and cottage industries, it is our duty to give uninterrupted electricity supply to the agricultural sector it is also necessary to provide at least one point electric connection to every household including every hut in the country to remove the darkness prevailing there to achieve these objectives, 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 and give at least single point light connection to every household in the villageshence this billnew delhi;ramdas athawaledecember 15, 2006 financial memorandumclause 3 of the bill provides for the establishment of the rural electrification authority clause 4 provides, inter alia, that authoritry shall establish power stations and provide at least one power connection to every rural household clause 5 provides for setting up of a rural electricity development fund clause 6 provides that central government shall provide adequate funds to the authority the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring annual expenditure of rupees five hundred crores will be involveda non-recurring expenditure of about rupees one hundred crores is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to the matters of detail only the delegation of legislative power, therefore, is of a normal character————— a billto provide for the establishment of a rural electrification authority to ensure uninterrupted electricity supply to farmers for their agricultural activities and atleast one single point light connection to every household in rural areas and for matters connected therewith—————(shri ramdas athawale, mp)mgipmrnd—229ls(s-3)—14022007 | Parliament_bills | 4687e11d-8b8a-535b-a8b1-13001246a578 |
bill no 101 of 1»81 the assam appropriation bill, 1981 a billto authorise payment and appropriatiorn of certain burna from am ~ ()j the consohdated fund of the state of assam for the 8erv'ica of the 1b&emci41 yeat 1981-82 b& it enacted btl parliament in the thirty18codd year at the republic of india as followl:- 1 thia act may be called the allam appropriatiod act, 1881, z from and out of the consolidated fund ot the state of allam there may be paic\ and applied sums not exceeding those specified in 5 column 3 of the schedule amounting in the aggregate [inclusive of sums specified in column (3) of the schedule to the assam appropriation (vote-on-account) ordinance, 1981 and of the sums specified in column 3 01 the schedule to the order made by the president of india on the 25th july 1981 under sub-clause (c) of clause (1) of article 357 of the consti-a&iad1 ordinance n'o 1 011981 short title liaue at ri "1 - ,, '11,0000lil of the consou· dated fund 01 assam tor the year 11181-82, 10 tunon and published with the notification of the government of india in the ministry of finance (department of economic affairs) no so 610 (e), dated the 27th j,uly, 1981] to the sum of six hundred sixty-one crores, seventy-six lakhs and seventy-one thousand rupees towards defraying the several charges which will come in ~ourse of payment during the 15 fin8dciaj year 1981-82, in respect of the servkes specified in column 2 of the schedule 3 the sums authorised to be paif\ and applied from and out of the appro-consolidated fund of the state of assam by this act shall be appropriatpriatior go ed for the services and, purposes expressed in the schedule in relation to the said year ' ~1 ____________ ~_2____________ 3 no sumi not exceeding of vote/ -----------------aw: ,ropnahon serviccl and purpoat:t voted by ii chargro on , aaam legit the consoli lative allembly, dated fund and parlia -i total 5 - ----------__--- :~~--i----------i ri , r ri 10 1 , state legialatu~ revenue 5304,000 i z,j8,(;oo s4,42,ooo i" head of state revenue , 778,000 7,78,000 23,00,000 23,00,000 rrvenue 159,10,000 2,12,72000 2 i council of midiaten revenue i 31 administration of juitice 5 4 ~lectioql - 75,27,000 - revenue 75,27000 i 7,71,000 13,000 7,52,68,000 5 tuci on income and expenditure - revrntle 6 land revenue and land ceiling revenue 752,56,000 7 stamp' revenue 8,99,000 20 8,99,000 ! 8' jleptration rl!'¥eoue 21-,9t,eoo 27,91,"" , state excite revenue 68,61,000 68,61,000 10 salei taa and, other taaea revenue 98,46,000 98,46,000 335,66,000 11-tradiport servic:ei · revenue li5 3,35,65,000 7,85_ 12 electrical impectorate revenue ,3,07,0 13 small sang ie\ljllrle 7,85,000 31," 14 pinadcial impection reven,ue 2,25,000 2,25,000 servicing of debt revenue ~¥oo 1~15,gdo-pjab\jc ~ eomauion luveaue 3,19,75,000 15-- "civil secretariat and attac;hed ()f'fica revcj1ue m~?" so 16 9imict adminiatration revenue 3,03,55,000 309,~ 17 trealury add accounm adminiitration revenue 1 am\o&,goo ' 18 police revenue 1000,oo,oci8 i , 3205,37,000 i "3z,05,41 ;000: 4,000 capital 1,00,000 1~~35 1',; jail revenue 1,7057 1,;70i5'1,og1 " 20' "tioaery and printing' revenue 1,42,57,000 l,42,1;ogo i 21 mninistrative and i1unc-~,nal buildingl revenue 9,so,14,000 i 55,000 9t~,69,qoo , \, capit,l 8,86,81,000 i 8 j,oop,· 4() -------------"'---~--'~ i not aceeding cbaraed on the cloniolidated fund total -n-o-~-------~------------------i swm or i 5~~ ~~~ app-service! and purpoees i allam legiaroprilative aaembly tton , and parliament i , -l------ii----i-----ri ri ri , fire serviceil 22 10 revenue i 9138,000 91,31,000 23 vigilanc~ ~nd special comnllliojil re¥enue i 11,29,000 1129,000 24 civil de(ence and home guardl r«m:nu~ 1 1,62,87,000 1,62,87,000 i guelt hou:s, government hoitels, etc 26,35,000 revenue 2635,000 revenue 26 adminiltrative training 5,84,000 5,84,000 r«m:nue 9,84,000 27 vital statistica, etc 9,84,000 18 penjiom and other retirement benefits 3,55,18,000 revenue 3,56,61,000 20 29 aid materials revenue 94,55,000 94,",000 30 state lotteri8 revenue 30,74,000 30,14,000 revenue 31 education 96,32,26,000 96,32,26,000 2,00,000 2,00,000 capital i 1,09,91,000 109,91,000 revenue " 25 32 art add culture 1,00,000 33 state archives revenu~ 1,00,000 43,38,90,000 34 medical and public health revenu~ 43,38,90,000 1,35,00,000 capital 1,35,00000 revenue 35 sanitation and sewerage 13,37,000 13,37,000 revenue 2,29,00,800 229,00,000 36 howling sohemes 30 capital 36,oo,eoo 36,00,000 2,63,81,000 revenue 2,63,81,000 371 r~ntial buildings 3,<w,l1,000 3,40,11 ,000 capital 1,57,59,000 1,57,59,000 reveoue 38 urban development 25,jo,ooo capital 25,50,000 35 60,13,000 60,13,000 revenue 3p i information and publicity 2,51,12,000 2,51;12,000 revonue 40 labeur and employment j2,000 1,21,57,000 1,2j,25,ooo rovoilue 41 oivil supplies 1,24,000 1,24,000 reveaue 41 relief and rehabilitation 40 43 welfare 01 scheduled caates/ scheduled tribcia and 4,88~ooo 4,88,60000 o~ct'ii - roveaue 30,00,000 30,00,000 capi 2,15,87,000 reveaue 2,15,87,000 44 8oci!ll weif'are 44,10000 45 off prohibition 44,10,000 ----_--_ __ _--------- ------__------------------no of se", &del purptjlel v, app idpi'j aton sums not exceedid8 --,voted by allam lafiiiative "-mblyand parjiament i cbaraed on ! tb contoli· i dated fund total ,i ·-1'---·-------1-----1--------lb i lb 46 i to freedom ~ten i lb 39,6o,oqo 10 ~ saiau: board t:le revenue 3960000: 47 'natural caiamlties 69200000 692,00,000 515,000 515,000 31,'79,000 48 social tad community ser vicei - revenue 49 ~nnidk board revenue 50 co-operation revenue 6,09,76000 "7351,000 15 capital 'i norch eutern cowlcii " ' schemes revenue 2,61,53000 3179000 i 6,0976,000 47],51,000 1 i 2,61,'3,000 i i capital j 60,87,000 1,60~7000 1~,02000 1,~,02,ooo 32,73,000 32,73- ' ~o 5,46000 ',46000 3306,17000 330677,000 ,~ sta~tic:a - rneaue 53 weip ad warea" reveaue 54 trade adviier revepuc " i aariculture - reeuuc 243,00,000 24300,000 4,45,58000 445,",000 capital " lrrwation lleyeaue capital 2',0909000 57 soil add watet' c'oiueryation revenue 4,10,19,(01) 2511'j11'j1kij 4,10,19_ ii, capital 158,24,000 15124000 , adima1 hlllbaadry &lid i veteridary - 86023000 86023000 revenue j 2640,000 " dairy development 12moooo 60 filheries rpveilue 203,63,000 20363,000 capital 2,00,000 2,00,000 se - reovenue j 736,47,000 61 i 'oresla 1736,47,000 3000 8,39,g5,000 83903000 revenue 2,12,14,000 2,12,14,000 capital 219,50,000 289,50000 revenue 4,4','70,000 35 capital 2,49,000 44570,000 i i 249,000 62 i odmmunity develdpment i 63" ilidurrin - i i sericulture and weaving i - 1 ,_ 2,45,60000 i 24',60000 capital l,68,to,ooo 66 'lanes and miderais - 80","000 revenue 40 capital 47go,oo,ooo 168,90,000 i 80,66,000 i j 47,90,00,000 _~ • --'!o-~ ---___ _~_ _, ___ - ~_l __ _____ __ _ _·_i~_2 _ino i siudi qot cxc:eediog of semoee and purpolfli ,-, vokll y~ by chaipd od 5~-~, ~~~ total roprjteplative datl!d fund ition' i allemblyand parliament ~ -,-------, ----!--~- --1----ra iu 10 revenue 5,57,92,qoo 5,51,92;000 ri i i \ flood """ , capital 14,2,00,000 142100000 revenue 611 road~ and bridpl 183559,000 18,35,59,000 , , capital 166621000 16,66,21,000 i revenue 31,41,000 3141000 691 touriam 15 revenue 70 payment of compenaation and aaipment to local bodit:a and panchayati r~ institution 39068000 i 3,9068000 i 71 allam capital coiiitruction capital 31,90000 55,68,i8,o(j() 55,68,18,000 i intemal debt - capital repayment of' central loans capital 5140,00000 57;40,00008 3190000 ' -n - capital 4,~,oo,ooo loua ani adv&dcea to government servadti 49700000 - capital inter state settlement~ 1,00,000 _________ 1 ____ -100,000 i 2' j tctal exanditvu pilou \ tid coi'lloudaftd fujlm - 50937,49 ,000 's~,]9uooo i 661,76,71,000 -----"-_ _----- ------_ _- -- statement of objects and reasonsthis bill is idtrocluoed in purauance of article 204(1) of the conatiw-lion read with the proclamation i$suen under article 356 of the constitution in respect ot the state of assam on 30th june, 1981 to provicle for the appropriation out of the consolidated fund of the state of assam of the moneys required to meet the expenditure charged on the consolidated fund of the state of asaam and the gradts made by the assam legislative assembly and the lok sabha for expenditure of the government of aasam for the financial year 1981-82 r venkataraman president's recommendation under article 207 of the constitution of india[copy of letter no f 2{m)-b(s)/81, dated the 18th aug11st, 1981 from shri r venkataraman minist~r of finance to the secretary, lok sabha] the pl'e&ident, having been informed of the subject matter of the proposed bill to authori8e payment ann appropriation of certain sums from and out of the consolidated fund of the state of assam for the services of the financial year 1981-82, recommends under cla~es (1 ) and (3) of article 207 of the constitution of india, read with proclamation daten the 30th june, 1981 issued under article 356 of the constitution, the introduction of the assam appropriation bill 1981, in lok sabha and alro the consideration of the bill 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 assam for the year 1981-82 have been voted •• -{ ~ ~ a bill to authorise payment and appropriation of certain sums from ann out of the consolidated fund of the state of assam for the services of the ftnancial year 1981-82 (shri r venlcgtaraman, minister of fi7l471cc) | Parliament_bills | c7f95090-d612-5812-acdd-877606c7218b |
·"jju!:,na"lzar4,1977 : ,:tlie enemypropbp:rt (ame~m~m1,~l~~ 1,w7 , be it enacted by parliament in the twenty-eighth year of the republic of india as '~lows!:; ,ii", '" :" i , i' , ~ ! , i ' ;; 'j: commence ment 'j 1 (1) 'ntis' act may be etttj'ed th'~ji&!emy "pw,perty~ment) 'act";1977·1 "' ,',' ~,,' i'~, " r" short title , ;:' ~r,' t ""dt i&ild s· , , :{2) it sh~ll:be deemed to ha~ ~'inttj ~e '\)h the l!'rth' day of september, 1977 ' ,! : ,:,' 1, '34011968, ~ tn the long 'ube 'of 'th~ en:~y' ~operty'a~t, rthjs l&~lnafter ai' ~tf referred to as the principal act), after the words and figures "'defence m~et'6t~' ',' indullirla!es, ilqffl'~,!jt\ieii~ ! __ '~"we:~'ii india lon, io~ 1iiiieb, 11w1", 1'111 be ,,fns8lttecl ' , 'i" ", , ' ' : ~ , i ; title, amendment of section 2 42 of 1971 i' i i : i" if : : ~ - : ii : t~r: i ':' i '3,"lnclause (b) of section 2 of the principal'act, after tiur\w'8iliis·'tbd figures "defence of india rules, 1962", the words and tlgures 'for the defence of india act, 1971 and the defenee of india rules, 1971" shall be inserted ~ " " ~ w ~ ~s 4 in the proviso to section 3 of the principal act, after the words and figures "defence of india rules, 1962", the words and figures "or the ameadment qt p~fed:~ o~ india rules, 1971, as the ca~e may be" shal~ be ~er¥, i!ec~ " amendmento! aection 4 5 in the proviso to section 4 of the principal aet, after the words and figures "defence of india rules, 1962", the words and figures "or the defence of india rules, 1971, as the case may be" shall be inserted amendmento! eection 5 e section 5 of the principal act shall be renumbered as sub-section (1) thereof and after that sub-section as so renumbered, the following s 8ub-section shall be inserted, namely:-42 of 1971 "(2) notwithstanding the expiration of the defence of inclia act, 1971 and the defence of india rules, 1971, all enemy property vested before such expiration in the custodian of enemy property for india appointed under the said rules and continuing to vest in him imme- 10 diately before the commencement of the enemy property (amendment) act, 1977 shall, as from such !commencement, vest in the custodian" amendmento! ,3ection 7 7 in section 7 of the principal act, after the words and figures "defence of india rules, 1962", wherever they occur, the words and' figures i, "or the defence of india rules, 1971, as the case may be" shall be inserted amend:' mento! action 8 8 in sub-section (2) of section 8 of the principal alet, in clause (z), after the figures, letters and word "25th october, 1962", the words, figures and letters "or on the 3rd december, 1971" shall be inserted amendment of aection23 t in bub-section (3) of section 23 of the principal act, for the words ao "or in two successive sessions and if, before the expiry of the session in which itis 80 laid or the session immediately following", the words "or in two or more successive sessions and if, before the expiry of the session immecliately following the session or the successive sessions aforesaid" 2s shall be substituted amendmentof section 24 10 section 24 of the principal act shall be renumbered as sub-section (1) thereof and after that sub-section as so renumbered, the following sub-section shall be inserted, namely:-"(2) every order which was made under the defence of india rules, 1971 by the central government or by the custodian of enemy 30 property for india appointed under those rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not illlconsistent with the provisions of this act, be d'eemed to continue in force and to have been 35 made under this act" repeal aad 11 (1) the enemy property (amendment) ordinance, 1977 is bereby 11 of 1977 repealf!cf ~y1nl (12) 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 of take!} \lnder the principal act as amended 40 t»~ this ~~ " ':': ~":' ~"i'!j:~;"j , r statement of objects and reasonsthe enemy property act; 1968 (34 of' 1968)' was enacted on 20th august, 1968 to provide mainly for the continued vesting of enemy property vested in the custodian of enemy property for india under the defenc~ of india rules, 1962 2 oonsequent on the aggression by pakistan in 1971 and the issue of the proclamation of emergency on 3rd december, 1971 and the enactment of the defence of india act, 1971 and the rules made thereun4er, immoyable, and some specified movable, pakistani property in india were' vested in the custodian of enemy property in accordance with the provisions of the defence of india rules, 1971 and the orders made thereunder 3 the proclamation of emergency issued on 3rd december, 1971 was revoked with effect from 27th march, 1977 and consequently the powers under the defence of india act, 1971 and the rules made thereunder were to remain in force only for a period of six months thereafter, ie up to and inclusive of 26th september, 1977 it was, therefore, thought necessary to have fresh legal authority with effect from 27th september, 19'77 for the administration of the pakistani properties referred to above which are already vested in the custodian of enemy property for india under the defence of india rules, 19'11 and the orders made thereunder it was considered that the management of the said properties by the custodian of enemy property for india has to continue 4 as parliament was dot in session and as the situation called for immt>diate action, an ordinance called "the enemy property (ameildment) ordinance, 1977" (11 of 1977) was promulgated by the vice-president discharging the functions of the president on 23rd september, 1977 so as to suitably amend the enemy property act, 1968 for the continued vesting at the said properties in the cusl10dian of enemy property for india 5 the present bill seeks to replace the aforesaid ordinance new dahi: t~ 4th novemlkr, 1977 mohan dharia (34 of 1968)an act to provide for the continued vesting ~: ene~y properly' v~ted, in the custodian of enemy property fol' india under the defence of lddia rilles, 1962, and' £01'\ ,matters connected, tllevewith - definitions ' - - - - z in this act, unless the context other~ise req~ires,- •• - - - - - (b) "enemy" or '!enemy subjecil' or "enemy firm" ~11j a person or country who or which was an enemy, an enemy subject or an enemy finn, as the case may be, under tbe defejlce of -in 1ia act, 1962, and the defence of india rules, 1962, but does dot· iaciude 51 of 1962 a citizen of india; ' i ' - - - - - 3; i the central government iil1i1 by notificatiog inhe ()fticial gazette, appoint a 'cunodian _ilnemy property for j,tidl • ~ one or mote deputy custodt81\s and assistant custodians· of edem;: pjioperty for auen local areas as may be spedified! in the aotiflea1llob: appointment of custodian of enemy property for india and deputy custodian, etc provided that the custoglian of en~ property for india find' any deputy custodian or assistant custodian of enemy property appointed' undt!lr ftjede~nee of india rules, 1962, shall be ,deeaed i~' ~~e been 'appoiftfet'l under this secwn • appointment of inspectors of enemy property 04 the cefttjral govsi"luilentrnay, either glijnarauy or for' ~ij;y p~rh~uiar area, by mtifiaation in the ,offic:jel gb,jette appq~ o~ ()r ,w,orej lnspectors gjf enemy property 1m _~ comp~~e wuh t~, prov:i~!9ns, of this act and may, by general or special order, provide for the distribution and alkjeation of the work to,be pelfollrl'jdl~ tllemfo: ifecjuing such compliance: provided that every inspector of enemy firms appoiatecf, uader the defence ctf india rules, 1962, shall be deemed to be an lnapector qf ietl~y property appointed under this section - - - - - payment to custodian of 7 (1) any sum payable by way of dividend, interest, share proftts or otherwise to or for the benefit of an enemy or an enemy subject or an enemy firm shall, unless otherwise ordered by the central government, be paid by the person by whom such sum would have been payable but for the prohibition under the defence of india rules, 1962, to the custodian or such person as may be authorised by him in this behalf and shall be held by the custodian or such person subject to the provfsions of this act m~ney otherwise payable to lin enemy, enemy gubject or enemy ftrm 4 -"-'~~ (2) in cases in which money would, but for the prohibition under the defence of india rules, 1962, be payable in a foreign currency to or for the benefit of an enemy or an enemy subject or an enemy firm (other than cases in which money is payable under a contract in which provisions is made for a specified rate of exchange), the payment shall be made to the custodian in rupee currency at the middle official rate of exchange fixed by the reserve bank of india on the date on which the payment became due to that enemy, enemy subject or enemy firm (3) the custodian shall, subject to the provisions of section 8, deal with any money paid to him under the defence of india rules, 1962, or under this act and any property vested in him under this act in such manner as the central government may direct 8 (1) - - (2) without prejudice to the generality of the foregoing provision, the custodian or such person as may be specifically authorised b~ him in this behalf, may, for the said purpose,-powers of custodian in respect of enemy property vested in him '" (x) make payments on behalf of the enemy·to persons other than those who are enemies, of dues outstanding on the 25th october, 1962; and '" 23 (1) power to make rules (3) every rule made by the central government under this section shall be laid, as soon as may be ~fter it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shah thereafter have effect only in such modified form or be of no effect, as the case may be; so, howtwer, that any such modification or annulment shall be without pr~udice to the validity of anything previous1y done under that rule '" '" '" a bill to amend the enemy property act, 1968 (shri mohan dharia, minister of commerce and civil suppties and cooperation ) | Parliament_bills | 5571133d-aa38-55cf-a2c9-62e41cb834fa |
bill no 280 of 2016 the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) amendment bill, 2016 bydr sanjay jaiswal, mp a billfurther to amend the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—amendment of section 434 of 20033 for section 4 of the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as the principal act), the following section shall be substituted, namely:—"4 no person shall smoke or use tobacco products in any public place:5prohibition of smoking and use of tobacco products in a public placeprovided that in a hotel having thirty rooms or a restaurant having seatingcapacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made:10provided further that the area or space so designated shall be ventilated insuch manner that smoke from smoking area does not permeate into the non-smoking areas"4 in section 6 of the principal act,—amendmentof section 6(i) in clause (a), for the words "eighteen years of age", the words "twenty-one years of age" shall be substituted; and15(ii) after clause (b), the following clause shall be inserted, namely:—"(c) in open packing or in single stick"5 after section 6 of the principal act, the following section shall be inserted, namely:—insertion of new section 6a"every tobacco product shall be sold in intact package of such size, content and weight as may be prescribed"tobacco products to be sold in intact packages statement of objects and reasonsthe cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 was enacted to put certain prohibition on use of tobacco products section 4 of the act prohibits smoking in public places however, no such prohibition is there for use of other tobacco products in public places, which also pose an equal if not more risk to the health and hygiene of general public therefore, there is an urgent need to prohibit use of all tobacco products in public placesmoreover, the act seeks to prohibit sale of cigarette or other tobacco products to a person below the age of eighteen years the need is to increase the upper age limit upto twenty-one years in order to mitigate the health risk of the youth of the nationalso, the prohibition on sale of cigarettes and tobacco products in loose and single stick is utmost necessarythe bill, therefore, seeks to amend the parent act with a view to—(a) prohibit use of tobacco products in a public place; (b) prohibit sale of cigarettes and tobacco products to a person who is under twenty-one years of age; and(c) prohibit the sale of loose cigarette or tobacco productshence this billnew delhi;sanjay jaiswaljuly 12, 2016 memorandum regarding delegated legislationclause 5 of the bill provides that every tobacco product shall be sold in intact package of such size, content and weight, as may be prescribed by rules made by central government as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character annexure extracts from the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) (amendment) act, 2003[no 34 of 2003]4 no person shall smoke in any public place:prohibition of smoking in a public placeprovided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made 6 no person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product—(a) to any person who is under eighteen years of age, and (b) in an area within a radius of one hundred yards of any educational institution prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area———— a billfurther to amend the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003————gmgipmrnd—2649ls(s3)—21112016 | Parliament_bills | a89d5405-4780-50a3-bb07-c413dffbbac5 |
bill no 119 of 1988 the indian post office (amendment) bill, 1988 a billfurther to amend the indian pot of/w:e act, 1898 be it enacted by paruamant in the ~venth year of the republic of india ii fouowi:-1 (1) this act may be called the indian post oftice (amendment) act, 1986 5 (2) it shall come into force on such date ii the central government may, by notification in the official gazet~, appoint, and different dates may be appointed for d:fferent provinons of this act short title and cora· mencement ii of t'" z in section 1 of the indiul post olflce act, 1898 (hereinafter referred to as the principal act), in sub-section (1), the word "indian" shall be anaand metttol section 1 10 omitted i 3 section 2 of the principal act shall be re-numbered as 'sub-section (1) of that section, and-amendmentol sectienj, (a) in sub-section (1) as so renumbered,-(0 for clause (a), the following clause shall be subgtituted, '5 namely:-r , (a) the expressioti "director general" means the director gereral of pests and includes any other otftcer ll\1thori~ed to exercise t~ powe~ of the director general;'; (ii) in clause (d), for the words uor her majesty's government or the government of any british possession or fore:gn country", the words "or the government of any foreign country" soall be substituted; (iii) in clause (i), after the word uletter/" the word "letter- 5 card," shall be inserted; i ('iv) for clause (;) the following clause shall be substituted, namely:-i '(j) the expression "post master general" includes an additional post master general, a director of postal 10 service or any other officer exercising the powers of the post master general;'; (v) after clause (k), the following clause shall be inserted, namely:--1 - (1) the expre!lsion ustamping machine" means a 15 machine used to affix impressions to indicate pre-payment of postage or other sums chargeable under this act and includes a franking mac1pne'; (b) after 'sub-section (1) as so re-numbered, the following sui>-section shall be inserted, name1y:-i 20 "(2) any reference in this act to a law which is not in force in any area shau, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area" amendment of section 3 4 in )';ection 3 of the principal act, in clause (c), after the words "according to the usual manner of delivering postal articles to the 25 addressee,", the words "or the placing of a postal article in a letter deposit box kept at the house or office of the addressee or in a post box at the po!'t office rented by the addressee," shall be inserted 5 in section 4 of the principal act,-amendment of section 4 (a) in sub-section (1) ,-r (i) in clause (b), the word "and" occurring at the end shan be omitted; (h) after clause (b), the following clauses shall be inserted, namely:-' 1 (ba) letter!! conveyed and delivered by the sender 35 thereof personally; (hb) documents issued by a court or other authorify entitled to issue the same, or anv return or answers to such documents sent, conveyed and delivered otherwise than by post;"; i ' 40 (iii) in cla\lse (c), ro~ the words "either bv sea or \:)y lnnd", the worris "bv land, sea or air" shall be substituted; (b) in sub-section (2), for the word "pqst~rqs" the words '-i~~er-car~ aqg postcard!i" tmtijl ~ ,ul)eututed • after seotioq4 of· tqe pr~ 4ct, the f9uowing section shall be inletinserted, namely:-tion of 'ew sectiod fa search and seizure 5 10 "4a (1) any officer (being anofflcer not below the rank of a sub divisional inspector of post offices) authorised by the central government by general or special order may, if he has reason to believe that any package contbining letters of the nature referred to in subsection (1) of section 4 is, or any such letters are, in any vehicle or other' conveyance 01"in any premises and that such letters are in the process of being carried in contr"vention of the provisions of that section, search the said vehicle or other conveyance or premises and seize such letters 2 of 1974 (2) the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority 15 of a warrant issued under section' 94 of the said code" , 7 in section 5 of the principal act, in clause (b), after the words "ports or places in india,", the words "or owners of, or persons in charge, of any aircraft on a flight between places in india," shall be inserted amend mento! section 5 8 in section 8 of the principal act,-20 amend mentof section 8 (a) for clause (ii), the fouowing clause shall be substituted, nronely:-"(a) require the pre-payment of postage on inland postal articles or any class of inland postal articles, the grant of any rebate on such postage if it is pre-paid by means of stamping ;5 machines or if such postal articles are pre-sorted and posted in such manner as may be specified, and prescribe the manner in which pre-payment shall be made;"; (b) in clause (d), for the-' words 'charged for the "express delivery" of postal' articles', the words ·'charged for such service in 30 relation to the delivery of any postal article as may be spec·ifted" shall be substituted; (c) the explo1r&4tioft ihall be omitted 9 in section 9 of the principal act, in sub-section (2), for clauses amend-(a) and (b), the following clauses sh81lbe substituted, namely:"'-ment of section j 35 u (ii) that it is published in numbers at such intervals as the central government may pec:ify in the rules made under sub-section (1) ; (b) that it 'hal a ~ litt of subecribers: (e) that it ia not a catalogue or price list of any article or commodity sold at eoncesaional rate or of the shares of companies; (d) that it does not contain any buiideii reply eard except a business reply card for its subscription; (oe) that its transmissioll by post is otherwise permiaeible usder this acto" 10 in section 10 of the principal act,-5 a ment el seetioa 1 • (a) in lub-section (1), for the portion beginning with the words "where arrangements are" and ending with the words ''such posse sion or country", the following shall be substituted, namely:-"where arrangement are in force with any foreign country for the transmission by post of postal articles between india 10 and such country"; -fb) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) the central goven)dleilt may also make rules to give effect to the arrangements referred to in sub-section (l) in j,; r~pect of postal artidee other than those to which section& 36 and 46 apply" ai" dlejit(\f acelio is 11 in section is of the principal act, for the words "or to the poit office of the united kingdom or of any british possession or foreign country", the words "or to the post oftlce of any foreign country" shall be 120 substituted 12 in section 16 of the principal act, in sub-section (3), after c1auae (d), the following clause shan be inserted, namely:-am ent seeei ii "(da) regulate the use of itad)ping machinet;" 13 mter section 16 of the principal act, the following lection shan 2! be inserted, namely:-insertieo ot - ew !cil t,oil lia 'ewer to inspmit la' seize atampi& _ell "l6a (1) subject to any rules made by the central govemment in this behalf, any ofllcer of a post 0fbce authorised by the post· master general, by general or special order, shall, if he has reason to believe that leakage of revenue is being caused as a result 30 of a stamping machine being used in contravention of the provisions of this act or of any rules in any premises, enter such premises and conduct an inspection of luch stamping machine, and it on iuch inspection, he is satisfied that the stamping machine has been so used, he shall i8ize the same: !s provided that before entering web premi8es, such of!lcer shall give a notice in writing of hit intlmtion to do so to the occupier of sueh premisee : (2) the central government may make r\ilh to provide for the inspection and eizure of a tamping machine under sub-aeetfon (1) p and the manner of dealin, with such maehtne telzed under that subsection" 1'- in section 21 of the pridclpti act-(a) in sub-section (2) ,-amead meal of secticm 21 (i) in clause (d), the word "uld~· occurring at the end ihall be omitted; 5 (ii) after clause (e), the following clauses shall be inserted, namely:-"(f) provide that no sender shall post the postal articles exceeding such number as may be specified therein unless such postal articles are pre-sorted and posted subject to 10 such other conditions as may be specified therein; (g) provide that the delivery of postal articles to an addressee receiving more than such number of postal articles as may be specified therein from a post office shall be made only throuil! a post box rented by him at that post 15 omce"; (b) after sub-section (3), the following sub-ection shall b inserted, namely:-"(4) where, having regard to the exigencies of postal adminia tration, the central government considers it necellsary or 20 expedient so to do, it may, by order in writing,-<a) direct that unregistered postal articles addresaeci to an addressee located in a multi-storeyed building or a buildinl with a large compound involving a distance of more than one hundred metrea between the outer gate and the build-!ii ing or a building wherein any dog or other dangerou animals are let loose, may be delivered only through - letter deposit box installed tor the purpose on the ground floor or, u the cue may be, near the gate of such building; ezpzaft4tioft-a single letter deposit box or different so letter deposit boxes may be matalled for different addressees for the purposes of this clause; (b) require the owner or 181 •• of the building referred to in clause (4) to install, or"~a1low any addreslee located in iuch building to wian, such letter deposit box 111' 15 in section 23 of the principal aet, in iub-aeet1on (3) i after clause 35 (b), the following proviso shall be inserted, namely:-amend mentof 8ecuod 21 "provided that before any such postal article as is specified in elause (a) of section 20 i8 deetroyed, i10ticet in writing shall be sent to the sender and the addieyee, and the article shall not be deltrofed "-- --~-"""""'"'------until after expiry of one monu) _~-; ute on which thejaa of such notices is sent" subltitu-us for section 26 of the principal act, the following section shall be tion of substituted, nattlely:-dew section for sec'aun 16 "26 the central government or tbesta_ government or any 5 o1bcer apecially authorised in this bebalf by the central or the state government, may, if satisfied that -it is necessary or expedient so to do in the interests of public safety or tranquillity, the sovereignty and integrity of india, the security of the state, friendly relatio~s power to intercept postal articles in certain cases wi~h foreign states or public order or for prevtmt~ incitement to 10 the commission of any offence, or on the occurrence of any public emergency, by order in writing, direct that any postal article or class or description of postal articles in the course of transmisslon by post, shall be intercepted or detained or shall be disposed of in such manner as the authority issuing the order, may direct" 15 1'7 in section 27 of the principal act, in the explanation,-amendmento! aection 27 (a) for the words "of any part of india or of his majesty's dominions or foreign country", the words "in india or foreign country" shall be substituted; and (b) for, the words "government of such part or country", the slo words "government of india or of 8uchcountry" shall be substituted 18 in section 27c of the principal act,-amend mento! section 27c (4) fqr the words, figures and letters "sections 99d to 99f of the code of criminal procedure, 1898", the words and figures "section 96 of the code of criminal procedure, 1973" shall be substituted; , of 1898 1152 of 191 •• (b) for the figures and letter_ "990", the figures 1196" shall be substituted 19 in sedian 34 oftbep'" ad, -1ndae;pro1iio, for the wordi "that sum has been received jrom the ad __ ", the words "the pgital article has been deuvered to the acldressee" sbaii be fi)1ibstituw amend ment of iietiod 34 jo • in section 36 of ~ principal 4\ot, ~~ub' ect1qll (j), amc4-t_of 88cijg,d at (4) for the words "with the united kingdom, or with any british possession, or foreign country", the words "with any foreign country" shn be substituted; (b) for the warde ·"ead tbe-ujutadlungdom-,ol' • ueb po-rlod s' or «judt&y' thewwdlt i'" iuch coua~i7" ibal1 ,be -1ubiut1utcl (a) in sub-seetion' (z),-(i) in- clause (a), the word "and" at the end ~ll be omitted; (it) after clause (b), the following clause shall be inserted, namely:-"(c) provide for the levy of such further charges a may be necessary for the return of undelivered pettal arilcles, or of any class thereof, to the sender"'; (b) for sub-section (3), the followmg sub-seetion shall be substituted, namely:-10 "(3) every undelivered postal article, after beini detained at a post office for theperibd preaeribed under clause (4) at subsection (2), shall be forwarded-(a) to the post office at which it was posted for return to the sender on payment of the charges prescribed under clause (c) of sub-section (2); or (b) to such office a8 may be prescribed by rules made under this section" zz section 38 of the principal act shall be omitted~ omission or,sction38 10 23 for section 39 of the principal act, the following section sball be substituted, namely:-| subatitu | ||-------------|-------|| tionof | || ilew | || mction· | || tor- | __ || tiona | |"39 (1) every postal article received at the offtce referred to in clause (b) of sub-section (3) of section 37, shall be dealt with in such manner as the central government may, by rules, prescribe disposal otundelivered postal uticl& (2) in particular and without prejudiee to the generality of the foregoing power, such rules may prescribe-(a) the manner in which the i>ostal articles referred to in sub-section (1) may be opened for ascertaining the particulars of the sender or the addressee; (b) the manner in which the postal artieles referred to in sub-section (1) may be returned tet the sender or redirected and forwarded to the addr~see and further charges for such return or ~tionj (c) the period of detention &dd the manner of final dilpoaal of postal articles which are not disposed of in accordance with the provisions of clause cob); (d) the manner in which any money found in any postal article or sale proceeds of any saleable property found in any 5 postal article finally disposed of in accordance with the provision ot clause (c) shall be credited to the post office" i'dsertiod of new zf after section 43 of the principal act, the following section hall be injerted, nanlely:-le~oil 3a "4sa money ordera aball be paid at such times and in such 10 l'iianber al the director general may by order, from time to time, specify" tamo and manner of payment of money orders 25 in i8ctiqj1 '" of the principal act, in sub·aection (2), for the words "one year", the words "six months" shall be substituted amend ment of aection <44 26 in section 46 of the principal act, for sub-section (1) the follow- 15 ing sub-section shall be substituted, namely:-amend ment of ection 46 "(1) where arrangements made with any foreign country are in force for the issue and payment, through the post office, of money orders between india and such country, the centrnl government may make rules to give effect to such arrangements" 20 21 after section -17 of the principal act, the following section shall be inserted, namely:-inaerlion of new lection <47a recovery of valuepayablo article "47a if any person, without reasonable excuse, the burden of proving which shall ·lie on him, negleets or refuses to pay the valul ot the value-payable article delivered to him without recovering the 15 value of the article, such amount shall be recoverablt> by an officer of the post office authorised by the post master general in this behalf, from the person so neglecting or refusing as if it were an arrear c?f land revenue due from him!' 28 in section 52 of the principal act, for the words "imprisonment go for a term which may extend to seven yean", the words "imprisonment for life or for a term which may extend to ten years" shall be substituted amend ment of section 52 29 after section 56 of the principal act, the following section shall be inserted, namely:-insertion of new section 57 57 if any person-, ii ~ i (0) commits theft in respect of-!tealin, mail bar or postal ~rticle (i) a mail bag, or (ii) any poft~ ~rticl~ in the cqurse of transmission by post, of (iii) any movable property out of a poaw article in course of transmission by post, or (b) stops a mail with intent to rob or search the mail , 5 he shall be punishable with imprisonment for life or for a term which may extend to ten years or with fine or with imprisonment and fine 10 ezpz4f&4tion-for the purposes of this section, the expression "mail" includes every conveyance by which postal article are carried, whether it be a ship, aircraft; vehicle, horse or any other conveyance and a person employed in conveying or delivering postal articles!;' 30 in secuon 58 of the principal act,-amend meat of section '8 (4) in lub-section (1), " (i) the brackets and figure" (1)>> shall be omitted; (ii) for the words' "with fine which may extend to fifty 15 rupees for every such letter", the words "with imprisonment for a term which may extend to three years or with fine or with both'" shall be substituted; 20 | amedel | ' ||-----------|---------|| mot | || of | seetioa || s9 | |'" (b) sub·section (2) shall be omitted 31 in _ection 59 of the principal act,-(4) in sub·section (1), (i) the brackets and figure" (1)" shall be omitted; (ii) for the words "with fine which may extend to fifty rupees for every such letter", the words "with imprisonment for a tenn which may extend to three years or with ftne or with both" shall be substituted; 25 (b) sub-section (2) shall be omitted 32 after section 60 of the principal act, the following section shan be inserted, namely:-jnsertion of new section ma "60a whoever contravenes any rule made udder section 16, sub-section (3), clause (da), leading to leakage of revenue, shall be punishable with imprisonment for a term which may extend to three years or with fine or with both" penalty for contravention of section 16 33 in section 64 of the principal act, for the words "by this act", the words "by or under this· act" shall be substituted amead ment of section 64 35 34 in section 67 of the principal act, in the proviso, for the words and 5f 1198 figures "the code of criminal procedure, 1898", the words and figure 2 , 197 "the code of criminal procedure, 1973" shall be substituted amend mentof aectioli 67 i 35 in section 69 of the principal act, for the word "letter", occurring at both the places, the words "postal article!' shall be substituted amend ment of ioctiod 69 40 31 in aection 72 of the principal act, the figures "58, 89," ,hall be omitted ameddmept 01 eection 72 37 in chapter x of the principal act, after section 72 the following section shall be inserted, namely:-i1lwtioe of new sectlod 7ia trial of "72a (1) an offence under this act may be tried by any court within the local limits of whose jurisdiction it was committed or the alleged offender is arrested or it,; in custody or, where the offence 5 - in respect of a mail, mail bag, postal article, or money order or any movable property sent by post, within the local limits of whose jurisdiction themailmail bag, postal article money order or movable property passed in the course of transmission by post (2) abetment of an offence under this act may be tried by 10 any court by which the offence abetted may be tried 2 of 1974 (3) nothing in this section shall affect the jurl9diction of a court competent to try an offence under this act by virtue of the provisions 0'- the code of criminal procedure, 1973" 38 section 73 of the principal act shall be omitted 15 omiiaioa mctioa 73j 3t in section 74: of the principal act,-(4) in sumection (3), the words "and, on such publication, shall haye e1!ect u if enacted by this act" shall be omitted; , (b) after sub-sectlon (3), the following sub-section shall be inserted, namely:-20 " (4) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive seions, and if, before the expiry of the session fmmediatelv 25 following the session ot' the successive session!; aforesaid, both houses a~e in m~king any modification in the rule or both housee agree that the rule should not be made, the rule hall thereafter have effpct only ;n such modified fornl or be of no et!ect, as the case mal' be; !l0 however, that any !llrb modi- 30 flcation or annulment shall be without nre;udice to the validity of anythln'g previously done under that rule" statement of objects and reasonsthe indian post office act wiul enacted in 1898 the law codlillilsion has in its thirty-eiihth report made a number of recommendatiodi for the revision of the act thereafter, the matter was further examined in detail thia bill seeks to give effect to such of the recommendations made by the law commission as have been found acceptable and it also seeka to make certain other amendments in the act for dealing with difficulties wlaich have been experienced in the wox-king of the act 2 section 26 of the act provides that on the occurrence of any public emergency or in the interests of public safety and tranquillity, the central government or a state government or any authorised oftlcer may, by order in writing, direct that any postal article or class or description of postal articles in course of transmission by post shall be intercepted or detained or disposed of in such manner as the authority issuing the order may direct there has been a demand that the provisions of this section should be reviewed the law commission has, in its report gone into the matter at great length it is proposed to amend this section so as to clearly bring the provisions thereof within the limits permitted by the constitution 3 the following are the other important amendments which the bill ~eeks to make in the act:-(a) the bill provides for exemption from the purview of the exclusive privilege of the central government to convey letters, items like strictly personal letters, documents issued by court of justice or other authorities entitled to do so and letters concerning goods or property sent by any means without any consideration (b) the bill seeks to empower the central government to search and seize packages containing letters posted in violation of the act and the manner in which such power is to be exercised (c) the bul seeks to empower the central government to grant rebate in the rates of postage in respect of postal articles on which postage is prepaid by means of stamping machines (d) quite often, the registered newspapers have been found misusing the facility of concessional rates of postage to promote their commercial activities to check the abuse of this facility, the central government intends to curb the transmission of catalogues or price lists along with the newspaper and also intends to restrict the transmission of business reply cards along with the newspaper only for the bona fide subscription ot that newspaper (e) with the increased use of franking machines by the mailers for reasons of economy and convenience, instances of tampering of these machines leading to leakage ot revenue to the government have come to notice to check the abuse ot this facility, the central government seeks to empower itself with the powers for inspection and seizure ot such machines suspected to be uled traudulently leading to leakage ot government revenue (f) under the existing provisions of the act, government acceptl liability in respect of sums specified for recovery of delivery of value payable articles only when the sum has been received from the addressee the bill provides for the assumption of liability to pay even when such articles are delivered to an addressee without recovering the value by mistake consequent upon the assumption of this liability, it is proposed to empower the central government to collect the amount from the addressee as an arrear of land revenue,' if the addressee neglects or refuses to pay the same on demand (g) the bill seeks to make some of the punishments provided for in the act more stringent 4 it is nlso proposed to avail' of the present opportunity to include in the act a provision for the laying of rules made under the act before parliament 5 the notes on clau~3 explain in detail the various provisions of the bill new delhi; santosh mohan dev 28th october, 1986 clause 2-this clause eeka ~ omit the word 'indian' from the _-pression 'indian polt oftice act, 1898' to bring it into confonnity with recent legislative practice i clause 3 (a) -sub-clauses (i) and (iv) seek to define the expressions 'director general' and 'post master general' in the light of the changed let l;ij in the department sub-clause (iii) seeks to add the word 'lettercard' in the expression 'postal article' to make it comprehensive clause (iv) seeks to define the expression 'stamping machine' clauses 3(a) (ii), 10(a), 11, 17,20 and 26-these clauses seek to omit the references to 'united kingdom', 'british possessions', 'her majesty', etc, from the concerned provisions of the act as they are no longer relevant clause 3 (b) -this sub-clause seeks to insert a new sub-section for construction of references to a law in the act which is not in force in any area to be construed as a reference to the corresponding law, if any, in force in that area clause 4-tbis clause seeks to make the definition of the word 'delivery' more comprehensive by bringing the delivery of postal articles in letter deposit boxes and post boxes in its ambit clause 5-this clause enumerates the types of letters exempted from the purview of the exclusive privilege given to the department for ('onveyance of letters under this clause, conveyance of strictly personal letters, documents issued by a court of justice or other authorities entitled to issue the same and letters concerning goods or property sent by air without any consideration also will be exempted from the exclusive privilege of conveyance of postal articles granted to the department it is proposed to widen the expression 'letters' so as to include "lettercards" in it i clause 6-this clause seeks to insert a new section 4a empowering the officers mentioned therein to exercise the powers of 'search and seizure in case of contravention of section 4 it also provides the manner in which this power is to be exercised clause 7-'i'his clause seeks to include the owners or persons incharge of· any aircraft on a flight between places in india in the list of persons expressly forbidden to convey letters cl4use 8-sub-clause (a) seeks to empower the central government make rules· to grant rebate in the rates of postage in respect of postal articles on which postage is pre,:,paid and pre-sorted", etc sttb-clause (-b) seeks to empower the central government to prescribe' fees for any service as may be specified in relauon to "any postal article i - ' clause g-this clause seeks to enumerate the eligibility criteria which a registered newspaper should have, to enjoy the concessional postage facility under this clause, a registered newspaper for the purpose of availing concessional postage facility should be published at such intervals as the central government may by rules prescribe, and should have a bema fide list of subscribers and should be otherwise eligible for transmi'ssion by post under this act clause 10 (b) -this sub-clause seeks to insert a new sub-section in section 10, empowering the central government to make rules to give effect to arrangements in respect of postal articles mentioned therein clause 12-this clause seeks to empower the central government to make rules to regulate the use of stamping machines clause 13-this clause seeks to insert a new section 16a empowering the officer of the post office to enter the premises and inspect and ;eize the stamping machine in ease of its misuse clause 14-this clause seeks to insert a new sub-section (4) in section 21 so as to empower the central government to issue an order indicating the manner of posting and delivery of postal articles in bulk and delivery of postal articles in multi-storeyed buildings, etc clause i5-this clause deals with the procedure to be observed before destroying the articles posted in contravention of the act under the clause, before destroying any article :posted in contravention of the act, notices in writing are to be sent to the sender and the addressee and the article is to be destroyed only after the expiry of one month from the date on which the last of such notices is sent clause 17;-this clause seeks to amend section 26 of the act under this section, the central government or a state government or any oilicer specially authorised fo~ this purpose shall have the powers to direct that postal articles or class or description of postal articles in course of transmission by post shall be intercepted on the occurrence of any public emergency or in the interest of the public safety or tranquillity to b,ring section 26 in line with the constitutional provi'sions, it is proposed to provide that on the occurrence of any public emergency, or in the interest of the public safety, or tranquillity, the central government or a state government, or any officer specially authorised in this behalf by the central government or a state government may if aatisfied that it is necessary or expedient to do so in the interests of the liovereignty and integrity of india or the security of the state, or friendly relations with any foreign state or public order or fo~ preventing incitement to the commission of an offence, by order in writing direct that any postal article in the course of transmission by post, shall be intercepted or detained or shall be dispo~ed of in such manner as the authority issuing the order may direct thia clause also seeks to omit sub-section (2) of section 26 so as to w:ovide for judicial review of any action taken under this section claube~ 18 and 34-these clauses seek to amend sections 27c and 67 of the act to replace the references to certain sections of the code of c~iminal procedure, 1898 by the relevant sections of the code of criminal procedure, 1973 which has since replaced the earlier code clau'!e 19-section 34 of the act provides that the government shall not accept any liability in respect of the sum specified for recovery 011 delivery of value payable article until and unless that sum has been received from the addressee: this clause provides that the central government shall assume liability in respec:t of a case where yalue payable article is delivered to an addressee without recovering the talue of the article by mistake clause 21-this clause seeks to empower the central government to frame rules for levying a further charge for returning the postal article to the sender and also 'seeks to substitute the post oftlce as may be specified by the central government in place of post master general' office clau'!e 22-this clause seeks to omit section 38 clause 23-this clause ~eeks to substitute section 39 and provides for the manner of disposal of postal articles and further charges for retum or redirection from the post office as specified by the central govemmellt under section 37 (3) clause 24-this clause seeks to make a general provision with regard to tne time and manner of payment of money orders as similar provisions relating to registration and insurance already exist c'-ause 25-this clause seeks to reduce the period for making a claim from one year to six months by the' payee or remitter of money lent through money orders i clause 27-consequent upon assuming liability for a value payable artic1p after its deliverv to the addressee without recovering the value hy mistake, it becomes "necessary to assume power to recover such value as an arrear of land revenue, if the addressee neglects or refuses to pay the same on demand clause 28-section 52 of the act deals with the penalty for theft, dishqlnest misappropriation secretion destruction or throwing away of postal articles under the section, the pnnishment for such an oft'ence 10; imprisonment for a term which may extend to seven years and shall also be punishable with fine this clause seeks to make the punishment more stringent by extending the imprisonment for life or for a term which may extend to ten years and shall also be punishable with fine clause 29-this clause is self-explanatory clause 3o-this clause seeks to make the punishment more stringent for offences committed in violation of the exclusive privilege of conveyahce conferred on the government by providing for impri'sodment for a term which may extend to three years or with fine or with both clause 3t-this clause also seeks to make the punishment more severe for offences committed by persons who are expressly forbiddew trom conveying letters under section 5 of this act clauae s2-'l'his clause provides for penalty for breach of afty rule made under clause (da) of sub-section (3) at section 18 clause 33-section 64 of the act deals with penalty for making false dee1arations at present, the section requires certain declarationa to be made in respect of postal articles now it is proposed to bring within the ambit of this penal provision declarations which are required to be made not only by the act but also by the rules made under this act clause 35-section 69 of the act deals with the penalty for unlawfuljy diverting letters the word 'letter' is being replaced by 'postal article' to make the section more comprehensive clause 36-this clause seeks to specify the jurisdiction of courts for trial of offences committed under the act clause 37-with enhancement of punishment provided in sections 58 and 59 of the act, the offences punishable under the aforesaid sections would become cognizable' this clause, therefore, seeks to omit the referenees to sections 58 and 59 from section 72 of the act clause 38-this clause seeks to omit section 73 of the act which empowers the central government to make rules relating to management of zamindari and other district posts, as this system is not in vogue now clause 39-section 74 of the act empowers the government to make rules for carrying out the purposes and the objects of the act the act, however, does not provide for laying of the rules before both houses of parliament this clause 'seeks to provide that rules framed undm- the act will be laid before parliament this is in conformity with recent legista tive practice clause 19 of the bill propoaes· to amend 'section 34 of the indian post office act, 1898 to provide' for the assumption, by the central government, of liability in respect 'of sums specified for the recovery of delivery of value payable articies even when: such articles are delivered to addressees without recovering the value by mistake it is not possible to estimate the expenditure tbat would be involved on this since it depends upon the number of such articles delivered from time to time further, clause 27 proposes to insert new section 47a in the act to provide that though the government would first make the payment, the same would be recovered from the concerned addressee as an arrear of land revenue if the addressee n~glects or refuses to pay the same on demand hence the expenditure from the conlolidated fund of india may, in the final analysis, be nil 2 apart from the above, no other expenditure whether recurring or non-recurring, is likely to be incurred if the provsisions of the bill ilre enacted and brought into operation clause 8 of the bill which seeks to amend section 8 of the indian post office act, 1898 proposes to empower the·central government to make rules to grant rebate in the rates of postage in respect of postal articles on which postage is prepaid by means of stamping machine and the manner of pre-payments which are pre-sorted it also empowers the central government to specify the manner of posting of such postal articles 2 clause 9 of the bill seeks to amend section 9 (2) of the act to empower the central government to make rules for prescribing the number of intervals at which any registered newspaper should be published 3 clause 10 of the bill proposes to insert a new sub-section (3) in section 10 of the act so as to empower the central government to make rules to give effect to arrangements which are in force with any foreign country for the transmission by post of certain postal articles between india and such country 4 clause 12 of the bill seeks to insert a new clause (da) after clause (d), in sub-section (3) of section 16 of the act to empower the central government to make rules for regulating the use of stamping machines 50 clause 13 of the bill proposes to insert a new section 16a to empower the central government to make rules for inspection and seizure of stamping machines used in contravention of the provisions of this act and it further empowers the central government to make rules providing for the manner of dealing with the stamping machines seized under this clause 6 clause 14 of the bill seeks to amend section 21 of the act to empower the central government to make rules to specify-(a) the number of postal articles which cannot be posted by a sender unless the same are pre-sorted and comply with such other conditions as may be specified in the rules; (b) the number of postal articles, delivery of which may be made to an addressee only through a post box this clause further seeks to empower the central government to direct any' owner or lessee or any addressee located in a multistoreyed building or a building with large compound involving a distance of one hundred metres or more between the outer gate and the building or a building wherein any dog or other dangerous animals are let loose to fix deposit boxes for delivery of letters on the ground floor or at the gate of such building 7 clause 16 of the bill proposes to substitute section 26 by a new section which empowers the ce~tral government or a state government or any officer specially authorised in this behalf by that government to direct that any postal article or class or description of postal articles in course of transmission by post be intercepted or detained or disposed of in such manner as the authority issuing the order may direct this power will, however, be exercised only where it is necessary or expedient so to do in the interests of the public safety or tranquillity, the sovereignty and integrity of india, the security of the state, friendly relations with foreign states or public order or preventing incitement to the commission or any offence or the occurrence of any public emergency 8 clause 21 ot the bill propose to amend sub-sections (2) and (3) of the act seeks to empower the central government to frame rules for levying of further charges for disposal of undelivered postal articles it further empowers central government to prescribe the office where undeliv~red articles are to be sent 9 clause 23 of the bill which seeks to substitute section 39 of the act by a new section 10 empower the central government to make rules-(a) regarding the manner of disposal of undelivered postal articles by the post office to be specified under clause (b) of subsection (3) of section 37 and to provide for levy of further charges for return or redirection of'such undelivered postal articles by such post office; i , (b) regarding the manner in which any money found in postal articles or sale proceeds of any saleable property found in any postal article shall be credited to the post offices 10 clause 26 of the bill proposes to substitute sub-section (1) of section 46 of the act by a new sub-section to empower -the central government to make rules to give effect to the arrangements made in any foreign country for the issue and payment (through the post office) of money orders between india and such foreign country the- matters with respect to which rules may be made under the aforesaid provisions are matt&rs of procedure or detail, the delegation of legislative power contained in such provisions, is, therefore, of a normal character annexure(a or 1888) - - - - - chapter i1 (1) this act may be called the indian post office act, 1898 - - - - - short title extent, application and commen cement definl tions 2 in this act, unless there is anything repugnant in the subject or context,-(a) the expression "director general" means the director general of posts and telegraphs: - - - - - (d) the expression "mail ship" means a ship employed for carrying :nails, pursuant to contract or continuinc!: arrangement,' by the central government or her majesty's government or the- govern ment of any british possession or foreign country; - - - - - 1'1) the expression "postal article" includes a letter, postcarc1, newspaper, book, pattern or sample packet, parcel and every article or thing transmissible by post;· (;) the expression "post master general" includes a deputy post master genera] or other officer exercising the powers of a po'" mashr general; and , - - - - • for the purpoe- of w~ , ,j - - - - - ';"'''-' of ~ i ~ of miiuoa by poet" iud "delivery" (c) the delivery of a potal article at the house orotftee of the' adclreuee, or to the addreaee or his servant oragant cjr other }:ierson considered to be authorized to receive the article accordin, to the ulual manner ot delivering ,ostal artici" to the ad~esaee, shall be deemed to be delivery to the addressee chapter ii pluvilege and protection of the go~&dullve ,rmle of conv,, letter ~ aemld to tho go vomment 4 (1) wherever within india posts or postal communications are estltblished by the central government, the central government shall have the exclusive privilege of conveying by post, from one place to an other, all letters except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, despatching and 'delivering all letters, except in the following cases that is to say:-- - - - (b) letters solely concerning the affairs of the sender or receiver thereof, sent by'· a 'nessengelt on purpo~ and - (c) letters solely concernin/! i!oods ornronertv sent either by sea or by land to be delivered with ,the goods or property which the letters concern, without hire, reward or other profit or advantage for receiving, carrying or delivering them: provided that nothing in this section shall authorize ,any person to '~~ke a collection of letters excepted as aforesaid fo~ the purpose of send· ing them otherwise than by post (2) for the puryoses of this section an<j section 5, "the expression "letters" includes postcards -cmtaid periods apr"'y '~d to cloilwy letten 5 wherever wiulin 'india posts or, postal communications are estab-, li~ed by the central qove!"t'lmept, the "'ol1owirll~' persons aree~ forb'dden to collect, ,c~,,tendet'or df:1iver jet~s "r ,to ~etve letters , ftir the purpose of cai-rying'or 'deiiverinrr them although ,·tj,eyebtain fto hire, reward or other profit or advantage for so doing, that'is to say:-- - - - - i (b) owners andmas~et$ of ve~sels sailing or passing on any river or canal in india, or' between any ports or places in india, and their lervants or agents, except as regards letters solely concerning gooda on board, and except as regards postal artteles received for conveyance under chapter vii - - - , • the central govenuneftt "j, byrul--- - - - " ,) (4) require the prepayment of postage on inland postal articles or any class of inland postal articlea, and prescribe the manner in which prepayment shall be made; at, ie make rules ·to pay_ _t of jioilap aild fea 'w certaia •• - - - (d) prescribe the fees to be charged for the "express delivery" of postal articles, in addition to, or instead of, any other postage chargeable thereon under this act :1 explananon-clexpreas delivery" means delivery by a special mellen-~er or conveyance 9 (1) - - - - - (2) for the purpose of such registration, every publication, consisting wholly or in great part of political or other news, or of articles relating thereto or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely:-power to lilake rules as tore,isterpod ·118w papers (a) that it is published in numbers at intervals of not more than thlrty-one days; and (b) that it has a bona fide list of subscribers - - - - power to declare rates of foreign poitage 10 (1) where arrangements are in force with the united kingdom, or with any british possession or foreign country, for the transmission by post of postal articles' between india and the united kingdom or such pn!:ses!';ion or country, the central government may, in conformity with the provisions of such arrangements, declare what postage rates and other <:'1ms shall be charged in respect of such postal articles, and mav make rules aa to the scale of wei rht, tenns and conditions· subject to whic:h tho rates so declared shall be charged - - - - - official 15 the official mark on a postal article denoting that any postage or mark to other ~um is due in respect thereof to the post ofbce of india or to the !:::::: ~ost offtce of the uni~ kingdmn dr 'of any brttfsh possession or· toreign f/i p ~oli~try, man be 1""l'ms frjefie·mtenee that tlie sum denoted as afore ~lifd is so due chaptelt iv postagz stud's16 (1) - - - - - (3) ·in particular and without prejudice to the genetality of the foregoing power, such rules may-i , • - - - - - pr0visiun ' of postage stamps and power to make nsles as , thtm ···'·'·11 (1) - - - - - ~ i ': • , (2) in particular and without prejudice to the gener8lity of the foregoing power, such rules may- f - - - - power to make rules as to transmission by post of postal articles (d) provide for the granting of receipts for, and the granting and obtaining of certificates of, posting and delivery of postal articles and the sums to be paid, in addition to any other postage, for such receipts and certificates; and - - , - - - , ! 23 (1) - - - - - <") notwithstanding anything in sub-section (1)-i - - - - power to deal with postal articles posted in contravention ot act (b) any postal article sent by post in contravention of the provisions of section 20 may be disposed of in such manner as the central government may by rule direct - - - - - power to intercept po'tai articles for public aoocj, 26 (1) on the occurrence of any public emergency, or in the interest of the public safety or tranquillity, the central government, or a state government, or any officer bpecially authorized in this behalf by the central or the state government, may by order in writing, direct that any postal article or class or description of postal articles i~ course of transmission by post shall be intercepted or detained, or shall be disposed of in e:uch manner as the authority issuing the order may direct (2) if any doubt arises as to the existence of a public emergedcj' oi! as to whether any act done under sub-section (1) was in the intereat of the public safety or tranquillity, a certificate of the central government ~; as the case rnb:y be, of the state government shall be conclusive 'proof on the point ~ 27 (1) where a postal article is received by post from any place beyond the limits of india-:1 (a) bearing q ftctitious postage stamp, that is to say, any facsimile or indtation or representation of a postage stamp or l (b) purporting to be prepaid with any postage stamp which·~ been previously used to prepay any other postal article, power to deal with postal article, from abroad bearill, fictitious or previously uicd stamp' the officel' itl charge of the post offi~ at which th~ postal article is recely ed, shall send a notice to the addressee inviting him to attend, either in pe,rson or by agent, within a specified tim at the post oftlce to receive dt:li~ry of th~ postal article ,,' ',', 'i"" i (2) u the addressee or hfa agent attends at the post office within the time specified in the notice and consents to make known to the officer in charge of the post oface the name and address of the sender of the poltai article and to ~dliver to the oftlcer aforeeaid the portion of the postal article" which baal'll the addre- and the ftetitioui or previoully 1ii8ci postage stamp, or, if the postal article is inseparable from the stamp, t1w entire ~ article, -the postal article shad be delivered to the add~ or his agent ,' "' ,--" (3) if the addressee or his agent fails to attend at the post oftlce within the time specified in the notice, or, having attended within that time, retuses to make known the name and address of the sender or to redeliver the postal article or portion thereof as required by sub-section (2), the postal article shall not be delivered to him, but shall be disposed of in such manner as the central governmept may direct explanation-for the purposes of this section, the expression "postage stamp" includes any postage stamp for denoting any rate or duty of post age of any part of india or of his majesty's dominions or foreign country and the impression of any stampin~ machine p~ovided or a~thorized for the like purpose by or under the authority of \he government of such part or country 27c every application made under the second proviso to sub-section (3) of section 27b shall be heard and determined in the manner provided by sections 99d to 99f of the code of criminal procedure, 1898, by a special bench of the high court constituted in the manner provided by '~ction g9c of that code - ' - - - - procedure for dil posal by hip cl)urt of ' applic:-tiodl 'for reteuo of de, 8dd rtiel _ rta1aed trdildii aioll by post of vlue-payable, podal artiiim ,~ the central government may, by notiacation in the oaew gazette, direct that, subject to the other provisions of this act and to tee payment of fees at such rates as may be fixed by the notification, a sum of money specified in writing at the time f)f posting by the sender of - postal article shall be recoverable on the delivery thereof from the addressee, and that the sum, so recoyered, shall be paid to the sender: provided that the central', government hall not incur any liability in respect of the sum spedfted for recovery, unless and untu that sum hu "'0" tieceivedfrom the adclressee , - - - power , liv,dect to arra media widl other c:ouatdei ,ii (1) where artmgemerrts made ~th the un1~ kingdom, or with any british possession, or foreign country min foree, for the trlllllmiuloo by post of registered, insured or value-payable postal artielee ~een tp'dfii,'nd the united kingdom or' s,uch possession or country, the cedtnl cove~e~t may make rules to live eftect to such&r~anaemen • -,~ ' undelivered postal arncles - - - - 37 (1) - (2) in particular and without prejudice to the generality of the foregoing power, such rules may- ,; " '" - - - - - (3) every undelivered postal article, after being detained 'it a post office for the period prescribed by rule under the foregoing provisions of this section, shall be either forwarded, free of further charge, to the post office at which it was posted, for return to the sender, or sent to the office of the post master general power to make rules as to disposalof undeliveredpostal articles 38 (1) every postal article received at the office of the post master general under sub-section (3) of section 37 shall be dealt with as follows:- (a) if practicable, it shall be redirected and forwarded by post to the addressee; or, disposal of undelivered postal articles at office of post m~ ter general (b) if it cannot be redirected and forwarded as aforesaid, it shall be opened by some officer, appointed by the post master general in this behalf and bound to secrecy, in order to ascertain the name and address of the sender (2) if the name and address of the sender are so ascertained, it shall be returned by post to the sender, free of further charge or subject to such further charge as the central government may by rule, direct final dis posal of undelivered postal articles 39 undelivered postal articles which cannot be disposed of under the foregoing provisions, shall be detained in the office of the post master general for such further period (if any), and shall be dealt with in such -anner, as the central government may, by rule, direct: provided that-(a) letters and postcards shall be destroyed; (b) money or saleable property, not being of a perishable nature, found in any undelivered postal article, shall be detained for a period of one year in the oftlce of the post master general, and, if on the expiration of that period no person has establislied his right thereto, shall, if money, be credited to the post office, and, if saleable property, be sold, the sale-proceeds being credited to the post office 44 (1) remitter to recall money order or alter of payee - (2) if neither the payee nor the remitter of a money order can be found, and if within the period of one year from the date of the issue of the order no claim is made by such payee or remitter, the amount of such order shall not be claimable from the government power to give effect to arrange ments with other countries 46 (1) where arrangements made with the united kingdom, or with any british possession, or foreign country are in force, for the issue and payment through the post office of money orders between india and the united kingdom or such possession, or country, the central government may make rules t:> give effect to such arrangements - - - - 5% whoever, being an officer of the post office, commits theft in respect of, or dishonestly misappropriates, or, for any purpose whatsoever, secretes, destroys or throws away, any postal article in course of transmission by post or anything contained therein, shall be ounisha ble wi th imprisonment for a term which may extend to seven years, and shall also be punishable w!tk fine - - - - - penalty for theft dishonest, misappropriation secretion destruction, or throw_ ing away of postal articles other offences58 (1) whoever-(a) conveys otherwise than by post, a letter within the exclusive privilege conferred on the central government by section 4, or penalty for contravention of lee: tion 4 (b) performs any service incidental to conveying, otherwise than by post, any letter within the exclusive privilege aforesaid or (c) sends, or tenders or delivers in order to be sent, otherwise than by post, a letter within the exclusive privilege aforesaid, or (d) makes a collection of letters excepted from the exclusive privilege aforesaid for the purpose of sending them otherwise than by post, shall be punishable with fine which may extend to fifty rupees for r:-vcry such letter (2) whoever, having already been convicted of an offence under this section, is again convicted thereunder, shall, on every such subsequent 'onviction, be punishable with fine which may extend to five hundred rupees 59 (1) whoever in contravention of the provisions of section 5, carries receives, tenders or delivers letters, or collects letters, shall be "urushable with flne which may extend to fifty rupees for every such letter penalty for contravention of sec tion s (2) whoever, having already been convicted of an oft'enc~ under this section, is again convicted thereunder, shall, on every such subsequent conviction, be punishable with fine which may extend to five hundred rupees - - - - penalty for mak_ ing false declaration 04 whoever, being required by this act to make a declaration in respect of any postal article to' be sent oy post or the contents or value thereof, makes in his declaration arty statement' which he ktlows, or has reason to believe, to be false, or does not believe to be true, shall be punishable with fine which may extend to two hundred rupees, and, if the false declaration is made for the purpose of defrauding the government, with fine which may extend to five hundred rupees - - - - - 61 whoever, except under the authority of this act or of any other act for the time being in force or in obedience to the order in writing f)f the central government or the direction of a competent court, detains the mails or any postal article in course of transmission by post or on any pretence opens a mail bag in course of transmission by post shall be punishable with fine which may extend to two hundred rupees: penalty for detaining mailg or open_ ing mail bag provided that nothing in this section shall prevent the detention of an officer of the post office carrying the mails or any postal article in course of transmission by post on a charge of having committed an 'ffence declared to be cognizable by the code of criminal procedure, 5 of 1898 penalty for unlawfully j diverting letters ~ 398, or any other law for the time being in force - - - - - 69 whoever, not being an officer of the post office, wilfully and maliciously, with intent to injure any person, either opens or causes to be opened any letter which ought to have been delivered, or does ~ny act whereby the due delivery of a letter to any person is prevented or impeded, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both: provided that nothing in this section shall apply to a derson who does any act to which the section applies, if he is a parent, or in the position of a parent or guardian, of tbe addressee, and the addressee is a m~nor or a ward - - - - 72 no court shall take cognizance of an offence punishable undei-any of the provisions of sections 51, 53, 54, clauses (a) and (b), 55, 56, 58 fi9, 61, 64 65, 66 and 67 of this act, unless upon complaint made hy oraet' of, or under authority from, the director general or a post !\faster general authority for prosecutions under certain sections of act chapter xi73 (1) the central governmertt may make rules for the management of any zamindari or other district post zamindari and other district posts (2) in particular and without preudice to the generality of the foregoing power, such rules may declare what portions of this act shall be applicable to zamindari and other d~strict posts and to the persons employed in connection therewith 74 (1) - - - - - general 'power to make rules and provi sios as (3) all rules made by the central government under this act shall be published in the official gazette and, on such publication, shall have effect as if enacted by this act - - - - - ",~ rules under act :, , a bill further to amend the indian post office act, 1898 ' (shri stmtosh moh4n dev, minister oj state for communicationl) subject: statement of reasons for withdrawal of indian post office (amendment) bill, 1986the extant indian post office act was enacted in 1898 and there have been only minor amendments to it thereafter obviously, therefore, some of the provisions of the act are anachronistic and no longer relevant therefore, amendment of the act of 1898 was envisaged in 1986 with the introduction of the indian post office (amendment) bill, 1986 the bill was passed by the lok sabha and thereafter sent to the rajya sabha and there it remained pending since 1986 2 during the last 16 years very many changes have taken place and the impact of globalisation and revolutionary development in information technology have brought about basic and major changes in the communication market these changes have transformed the perception and the expectation of the public as the consumer of the services and products consequently, market forces have generated competition among different players leading to improvement in quality of services and emergence of more consumer-friendly features in the market driven economy, the traditional services provided by the department of posts have been losing their usefulness and the need has been felt for more relevant, useful services and products which meet the requirements of the customers this essential reform of the postal sector has to be conceived and achieved within the basic legal framework provided by the relevant indian post office act, 1898 and it is in this context that amendment of indian post office act, 1898 have become an essential and urgent need 3 the post office is now required to fulfil the following objectives:-(a) fulfil its universal service obligation of meeting the common man's needs in communication market at an affordable price· as part of a larger international postal, community (b) achieve financial self-sufficiency with a timeframe reducing its dependence on budgetary support (c) make available the benefits of electronic media communication to larger segments of customers in the country 4 the postal sector from its inception has been an open sector with only the privilege to carry letter mail being reserved for the government emergence of private entrepreneurs commonly known as "couriers" have resulted in service being offered at widely varying prices with no accountability and no standard of efficiency obviously, there is a genl need for regulating the activities of the participants in the postal se' now to safeguard consumer interests in consonance with internatiorlal practice countries like spain, malaysia, singapore, canada, philippines etc have enacted laws to regulate the courier operations however, indian post office (amendment) bill 2002 only seeks to provide for registration of courier so that these players in the postal sector acquire a legal entity, abide by a common code of conduct and become accountable to their customers in terms of efficiency of service 5 the department of posts has recently taken initiatives to introduce new services with a view to improving its finances and also to meet the new and growing demands of various customer segments as a result of liberalization and globalization of economy the department is, therefore, called upon to re-design and re-position its traditional services and products in competition with other service providers so as to maintain its niche in the new economic scenario therefore, a provision has to be made in the act for their inclusion by suitable amendment hitherto not envisaged in the drafting of the indian post office (amendment) bill 1986 6 it is also proposed to enable the department to introduce eenabled services to make available the benefits of electronic media of communication, keeping in view the recommendations no106 made by the prime minister's task force on information technology & software development this will also be an important step towards bridging the digital divide in the country 7 it is also proposed to effect important changes in the structure of the organization by according a formal legal status under the act to the postal services board, entrusted with the responsibility of operationalizing the various provisions of the act and live upto the expectations of the customers this is also an aspect which was not envisaged in the draft indian post office (amendment) bill, 1986 8 thus, the amendments now proposed are provisional for:-(a) registration of courier services (b) introduction of new services for improvement of finances (c) weeding out anachronistic and irrelevant provisions (d) induction of technology for e-enabled services for wider extension of benefits of electronic media communication (e) provide legal basis for postal services board to give effect to the provisions of the act all this represent substantial departure from the amendments which were proposed in the draft indian post office (amendment) bill, 1986 9 in view of the foregoing, it is proposed to withdraw the indian post office act (amendment) bill 1986 pending in the rajya sabha to pave the way for introduction of indian post office (amendment) bill 2002 | Parliament_bills | 9518cadf-e302-53c5-9151-dc43dca2c34f |
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